Proposal in BCS Congress to classify "crime against environmental management"

LA PAZ, BCS. – The legal framework for environmental protection in Baja California Sur could be significantly strengthened. The State Congress has received an initiative to reform the state's Penal Code and create the offense of "crime against environmental management," a measure aimed at punishing with imprisonment public servants who grant illegal permits that lead to ecosystem damage. The proposal was formally presented to the full session and referred to the Committee on Constitutional Points and Justice for study.

The initiative, promoted by legislator Gabriela Montoya, argues that current legislation is insufficient, as it focuses on punishing the perpetrator of the damage but often leaves the officials who allowed it unpunished. The new criminal offense would focus on the responsibility of the public servant who, by action, omission, negligence, or collusion, authorizes real estate, tourism, or any other type of project in protected areas or in contravention of ecological zoning plans.

According to the text of the proposal, the penalties for this new crime would range from two to ten years in prison, in addition to disqualification from holding public office and economic fines. The aim is for the sanction to be a real deterrent against corruption in the urban development, ecology, and cadastre areas of municipal and state governments, where critical decisions on land use are made.

In the explanatory statement, the legislator cited examples of past environmental damage in the state's dune and mangrove areas, which had apparently legal permits but violated higher regulations. "It is time for responsibility to reach the one who signs the paper, the one who from a desk authorizes the devastation of our natural heritage in exchange for private interests," Montoya stated during her speech at the podium.

The proposal has generated positive reactions among environmental groups and civil society organizations, who consider it a necessary step to ensure the conservation of the peninsula's fragile ecological balance. It is expected that consultation forums with experts and society will be held in the coming weeks to enrich the initiative before it is voted on by the full Congress.