In March, we celebrated the adoption of the Escazú Agreement, a legally binding regional agreement guaranteeing access to information, participation, and justice in environmental matters in Latin America and the Caribbean. This marked the end of a five-year process led by the UN Economic Commission of Latin America and the Caribbean to codify the “access rights” embodied in Principle 10 of the Rio Declaration and guarantee environmental democracy in the region. The Escazú Agreement aims to set higher standards in the region regarding environmental governance by including everyone, especially those who are most affected, in the environmental decision-making process, and in so doing alleviate conflicts between the state and citizens.
Twenty years ago, European countries ratified the regional Aarhus Convention on Access to Information, Public Participation in Decision making and Access to Justice in Environmental Matters marking the first time that environmental democracy was codified in its own right. Now, the countries of Latin America and the Caribbean have the opportunity to do the same as the Escazú Agreement opens for signatures today during the UN General Assembly.
Over 25 years ago in Rio, countries around the world recognized that “environmental issues are best handled with the participation of all concerned citizens” and this centers around three central pillars: the right to access information, to participate in decision-making, and to access justice. These “access rights” are at the heart of environmental democracy – they are the procedural rights that work hand in hand to strengthen environmental standards, ensure sustainable development that doesn’t harm people and the planet, and hold polluters accountable for their actions.
Critically, the Escazú Agreement is the first legally binding instrument that recognizes the need for States to protect environmental and human rights defenders. And not only does it recognize defenders, but also articulates the responsibilities of countries to ensure that defenders are able to act free from the threat of retaliation, including by adopting measures to prevent, investigate, and punish attacks.
At a time when attacks on human rights and environmental defenders is on the rise, the urgency for Latin American and Caribbean nations to ratify the Escazú Agreement could not be greater. Latin America has proven to be particularly dangerous for those seeking to protect the environment and their communities. We urge all Latin American and Caribbean countries to immediately ratify the Escazú Agreement today and bring it into force.
By Erika Lennon, Senior Attorney
Originally posted September 27, 2018