Environmental crime is a form of criminal activity that often goes unnoticed but has significant consequences for the environment and the people suffering from it. Victims of this type of crime receive little recognition, even though the harm they experience is often profound. Lieselot Bisschop, Professor of Public and Private Interests, and Karin van Wingerde, Professor of Corporate Crime and Governance, both affiliated with Erasmus School of Law, argue for greater attention to be paid to these victims. Together, they conduct research into environmental crime and the damage it causes. Their work led to an interview in Trouw and a lecture at the Fonds Slachtofferhulp (translated to Victim Support Fund). In Trouw, Bisschop explains that victims of environmental crime still receive no formal recognition, are often not believed by local authorities, and are frequently sent from pillar to post. During a lecture at the Fonds Slachtofferhulp, Van Wingerde showed that these situations often persist for decades. They argue that change is urgently needed.
Permitted pollution
An important aspect of environmental crime is the so-called "permitted pollution." This refers to situations where companies operate within the boundaries of the law yet still release harmful substances. In many cases, victims are not even aware that they are being harmed. According to Bisschop, reforms are necessary to tackle environmental crime, including permitted pollution. "The list of needed reforms is long," she says, "but an important step is to better understand victims' experiences and the combinations of emissions we are exposed to." Furthermore, Bisschop and Van Wingerde stress that we must learn from previous environmental crime and pollution cases to understand which mechanisms fueled and perpetuated these issues. This will help determine what improvements are necessary in regulatory oversight. "Our research has shown that the asymmetry of knowledge about industrial processes, products, and technologies between companies and governments plays a significant role in environmental pollution. How can we build the necessary checks and balances into regulatory processes to counteract this asymmetry?" they ask.
Obstacles to recognition
According to Bisschop, the biggest obstacle for victims of environmental crime is that environmental damage is usually not immediately visible. "Environmental damage is often invisible, only becoming clear after a long period, and it is often very difficult to establish how certain behaviour is linked to particular harm," she explains. "Moreover, there are so many ways in which someone might suffer harm - physically, financially, emotionally." She explains that the various forms of harm are often difficult to identify and verify. Additionally, environmental harm usually results from a combination of factors, making it hard to trace damage back to a specific cause or responsible company.
Social inequality
Bisschop and Van Wingerde view environmental crime as a form of social inequality. Many instances of environmental crime result from the behaviour of economic and political actors who financially benefit from environmentally harmful practices. "The negative consequences are then borne by society as a whole, but citizens with less financial or social capital to defend or protect themselves are hit harder," they explain.
The role of power
Finally, power plays a crucial role in the invisibility of victims of environmental crime. "Our research on industrial pollution shows that economic interests have often been weighed against other societal interests, such as environmental and public health concerns. Economic interests have been prioritised for decades," Bisschop and Van Wingerde state. Economic and political power is thus inextricably linked to socially harmful behaviour like environmental crime. This is also evident from a 2023 report by the Dutch Safety Board (Onderzoeksraad voor Veiligheid), which concluded that the interests of the environment and public health would have remained invisible if not for the efforts of citizen movements, NGOs, and investigative journalists.
Recognition of victims
The Fonds Slachtofferhulp is an organisation in the Netherlands focused on supporting victims of crime and accidents. In recent years, the organisation has also begun advocating for victims of environmental crime. For example, the Fonds Slachtofferhulp organises meetings to improve the legal position of affected individuals. Van Wingerde and Bisschop are optimistic about the efforts of organisations like this: "Fonds Slachtofferhulp is a champion for victims' rights and has many years of experience in raising awareness and driving change. Therefore, it is encouraging that they commit themselves to this complex issue of victimisation of environmental crime." It is an important step toward victim recognition. Bisschop elaborates: "I see recognition, first and foremost, as acknowledging what the victims experience - their personal experiences of how environmental damage has affected their lives. They have often spent many years seeking to be heard, both socially and legally."
