Escazú Agreement — EcoResolution

Author: Pamela EA

Scarlet macaw (Ara macao), symbol of hope and perseverance for the regional #EscazúAhora campaign.
*Photograph by Pamela EA*

You will often hear about climate justice policy for the United States, the European Union, and the United Kingdom, such as the Green New Deal or the Green Recovery. But what does climate justice policy look like in Latin America and the Caribbean?

Introducing the Escazú Agreement

Latin America and the Caribbean is home to several of the most biodiverse areas of the planet, yet it is the most dangerous region to be an environmental defender. Recognising this, in 2018, the Escazú Agreement was adopted as the first regional environmental human rights treaty in LATAM. Officially known as the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean, it is the world’s first legally binding treaty to explicitly address the environmental activist. The treaty guarantees to all people the right to access environmental information, participate in environmental decision-making and access to justice related to environmental matters.

So, let’s break down four of the agreement’s key points.

Access to Information (Article 5, 6, 10)

Each signing country must provide transparent information on the state of the environment and any plans or decisions that may affect it. They must supply the necessary tools for access to information as well as investing in climate education and offering training in environmental law. Individuals may request environmental information without giving any reason for their interest, and if the request is denied, the country must disclose the reason for their refusal.

Public Participation (Article 7)

Each signing country must ensure the right to public participation in environmental processes and inform the participating public about environmental decisions, including the reasons for the decision taken, as well as how their comments were taken into account.

Respecting the rights of indigenous peoples and local communities, each country must promote the appreciation of local knowledge, dialogue, and the interaction of different visions and knowledge in the consultation process. The local authority has the responsibility to identify the public that will be directly affected by projects that affect - or are likely to affect - the environment and health.

Protection of Environmental Defenders (Article 9)

For environmental defenders to operate without insecurity, each country must ensure a safe environment for people, groups and organizations - promoting and protecting human rights in environmental matters. Countries must take into account international human rights obligations, constitutional principles, and any other basic concepts. In addition, each country must take measures to prevent, investigate and punish attacks - or threats - against defenders in environmental matters.

Access to Justice (Article 8)

Each country must guarantee the right of access to justice in environmental matters and establish legal procedures so that anyone can express their disagreement with any decision related to environmental matters.

What’s happening now?

The Agreement entered into force on 22 April 2021 after the ratification of 11 countries. This year, Chile signed the treaty (on 18 March 2022) and the first meeting of the Conference of the Parties to the Escazú Agreement took place in April 2022. The climate movement is growingly acknowledging the need for further countries to sign the agreement.

The implementation of this transboundary treaty is essential for the protection of people leading the defence of Mother Earth to guarantee the right of every person of present and future generations to live in a healthy environment.