The Escazú Agreement represents a landmark step for environmental governance in Latin America and the Caribbean. It reflects decades of regional discussions on how to implement environmental democracy and strengthen protections for people who defend the environment.
The Agreement emerged from regional efforts to translate the principles adopted at the 1992 Rio Earth Summit into concrete commitments. These discussions gained renewed momentum following the Rio+20 Conference in 2012, at which governments and civil society from Latin America and the Caribbean emphasised the need for stronger environmental governance, greater transparency, and greater participation.
In this context, countries from across the region began negotiating a regional instrument on access to rights in environmental matters. Civil society organisations and environmental defenders played a key role in shaping the negotiations and advocating for stronger participation and transparency provisions. The Economic Commission for Latin America and the Caribbean (ECLAC) facilitated the negotiation process and provided technical support to the States involved.
After several years of negotiations, the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean, also known as the Escazú Agreement, was adopted in 2018 in Escazú, Costa Rica. The treaty opened for signature the same year and entered into force in April 2021 after reaching the required 11 ratifications.
The Agreement does not create entirely new rights. Instead, it consolidates and operationalises existing human rights obligations related to the environment, bringing them together in a single regional framework. By doing so, it strengthens the implementation of the right to a clean, healthy, and sustainable environment while addressing Latin America and the Caribbean specific environmental governance challenges.
The Escazú Agreement establishes a comprehensive framework built around procedural environmental rights, inspired by the Aarhus Principles, and tailored to regional realities (Check Section 3.3 for more information). These rights enable people and communities to participate in environmental decision-making and hold authorities accountable. However, its distinctive feature is that it explicitly recognises the importance of protecting EHRDs.
Let's check the Treaty pillars to have a better understanding of each of them and their importance:
Source: ECLAC
Access to Information (Articles 5-6): The Agreement recognises that information in these matters may be held not only by public authorities but also by private actors whose activities affect the environment. States, therefore, have an obligation to collect, generate, and disseminate environmental information from relevant sources.
To ensure meaningful access, information must be made available in formats that are accessible and understandable to the public. The Agreement also limits the circumstances under which authorities may deny access to environmental information and promotes proactive transparency to support informed public debate.
Public Participation (Article 7): A central component of environmental governance. The Escazú Agreement requires States to establish inclusive, open participation processes for environmental decision-making.
When significant projects, such as large infrastructure or development initiatives, are put forward, it is essential that communities are given the chance to participate actively. This involves providing them with timely information, allowing them to voice their opinions, and incorporating their input into the decision-making process. States are obligated to put in place procedures that guarantee this participation, ensuring that all relevant stakeholders can contribute their perspectives in a meaningful way.
Access to Justice (Article 8): Effective environmental governance also requires mechanisms to resolve disputes and address environmental harm. The Agreement, therefore, guarantees access to justice in environmental matters. It includes ensuring that individuals and communities have access to judicial and administrative procedures when both state and non-state actors violate environmental laws, as well as to challenge environmental decisions affecting the environment. States must also remove barriers that prevent people from seeking justice, including high costs or overly complex procedures.
Protection of Environmental Defenders (Article 9): One of the most groundbreaking aspects of the Escazú Agreement is its explicit recognition of environmental human rights defenders. The Agreement acknowledges that environmental defenders often face threats, violence, and criminalisation for their work across the region and requires States to take effective measures to recognise, protect, and promote their rights.
Capacity-building and cooperation: Includes States official trainings, events and collaboration.
By embedding EHRD protections into an environmental treaty, the Escazú Agreement became the first international agreement to include binding, specific provisions protecting environmental defenders.
Now let’s review of it can be useful for you and what you can do with it!
