Escazú Agreement, a historic step forward for environmentalists' rights in Latin America

On April 22, 2021, the Escazú Agreement entered into force, for the protection of people fighting for the environment in Latin America.

Article originally published on October 5, 2018.

• The Escazú Agreement was approved on March 4, 2018 and officially entered into force on April 22, 2021.
• The treaty protects the rights of NGOs and people who defend the environment in Latin America and the Caribbean.
• Central and South America is the most dangerous region in the world for environmental activists, with dozens of murders a year.

In Latin America and in Caribbean, there are many – and of primary importance – environmental issues to fight for.Deforestation in Amazon, the protection of the lands of the indigenous peoples (and therefore of their rights), the exploitation of resources by oil giants, the protection of biodiversity.Nowhere else, however, can mobilizing for the environment be so dangerous.Luckily, things could change.In fact, a very positive signal comes fromEscazú agreement, approved on 4 March 2018 after six years of negotiations and officially entered into force on April 22, 2021, Earth Day.

Good news:a step forward for the safety of those who defend human rights and deal with #environment in the most dangerous area in the world. https://t.co/pnMgO5daXi

— Amnesty Italia (@amnestyitalia) October 3, 2018

• How the Escazú agreement works
• The states that have joined
• António Guterres calls on all states to ratify the Escazú Agreement
• How risky it is to fight for the environment in Latin America

How the Escazú agreement works

He is known to all as the Escazú agreement, from the name of the district of Costa Rica of the same name, but technically it is called Lac P10, or Regional agreement on access to information, public participation and justice in environmental issues.The reference is to Principle 10 of the Rio Declaration on environment and development, approved in 1992:

“Environmental issues are best addressed with the participation of all concerned citizens, at the relevant level.At the national level, every individual must have adequate access to information on the environment held by public authorities, including information on hazardous materials and activities involving the community, and must have the opportunity to participate in decision-making processes.States must facilitate and encourage public awareness and participation by making information widely available.Effective access to judicial and administrative proceedings, including remedies and compensation, must be provided.”

As reported by World Resources Institute, the agreement – ​​the first of its kind in Latin America – puts in black and white the fact that people and organizations that defend the environment and human rights have the right to live in a healthy environment, free from threats, restrictions and insecurities.Also, initiate measures to prevent the attacks and intimidation against them, and then investigate when they happen and punish the guilty.

This document also aims to pave the way for common people (especially the poorest and most vulnerable groups) who will want to seek information on environmental issues that directly concern them:new mineral deposits, measures to combat pollution, land exploitation and so on.The population will have to have say in the matter in decision-making processes and, if necessary, assert one's rights even when they are on the other side great economic interests.THE governments, For their part, they will have the responsibility to guarantee support (including legal) to civil society.

One of the most innovative and potentially revolutionary aspects lies precisely in the choice to give legitimacy to activists, recognizing their social role.“The Escazú agreement offers hope for environmental defenders who are too often targeted for their activism,” explains Marcos Orellana, United Nations Special Rapporteur on toxic substances and human rights.“They are often stigmatized as opponents of development and the public interest, but the Escazú agreement reverses this reasoning by recognizing and esteeming their important and valuable role for sustainable development and in defense of human rights”.

The states that have joined

The Escazú agreement is open to the participation of 33 countries, with the constraint of reaching 11 ratifications by 27 September 2020 to enter into force.This minimum threshold has been exceeded as of today there are 24 signatories, with 16 ratifications:Antigua and Barbuda, Argentina, Belize, Bolivia, Chile, Dominica, Ecuador, Grenada, Guyana, Mexico, Nicaragua, Panama, Saint Vincent and the Grenadines, Saint Kitts and Nevis, Saint Lucia and Uruguay.

To this list will also be added there Colombia, given that the Constitutional Court endorsed the treaty unanimously.His membership was long awaited, because today Colombia is the most dangerous nation ever for environmental defenders, with sixty confirmed homicides in 2022 out of a global total of 177 (the data is taken from the Global Witness annual report).Ratifications are also missing Brazil, where tension is palpable especially in the Amazon,  Costa Rica and Peru.And also of theHonduras, home of Berta Caceres;a minute of silence was observed in his memory when the agreement was adopted on 4 March 2018.The Venezuela, However, he did not even participate in the negotiations.

The common fear is that the treaty could go out a lot weakened by the lack of countries, like these, where attacks against environmentalists are commonplace or almost so.The text in itself offers ample room for maneuver to the states, because they decide which bodies will implement its provisions.The hope is that young people, indigenous people and civil society groups will also be involved.“The task of monitoring will not only fall to the government, but also to sectors of civil society,” explains a Mongabay Aida Gamboa, of the Peruvian NGO Derecho,ambiente y recursos naturales (Dar).“At the same time, citizens will have the task of asking for more rights, more guarantees and all the financial resources necessary for the implementation of the agreement”.In this sense, the participation of the private sector will also be essential to ensure that its promises do not remain just on paper.

Read also:

• Colombia, María Magdalena Cruz Rojas, campesina human rights leader, murdered (April 2018)
• Peru, indigenous leader Olivia Arévalo murdered (April 2018)
• Brazil, another guardian of the Amazon, Paulo Paulino, murdered (November 2019)
• Brazil, another indigenous leader who defended the Amazon was assassinated (April 2020)

António Guterres calls on all states to ratify the agreement of Escazú

“As we continue to face the devastating impacts of Covid-19 and step up efforts to curb the triple crisis of climate change, biodiversity collapse and environmental pollution, the entry into force of the Escazú Agreement offers us inspiration and hope , laying the foundations for a sustainable and resilient recovery.By adopting a rights-based approach, promoting capacity building and cooperation and focusing on the most vulnerable, this regional agreement is a great step forward in creating transformational pathways for people and the planet."They are the words of António Guterres, Secretary General of the United Nations, who congratulated the countries that ratified the treaty and called on all others to follow their example.

How risky it is to fight for the environment in Latin America

According to the NGO Global Witness, there are 177 murders of environmental activists ascertained during 2022 all over the world.A number that is lower than the two hundred of the previous year, but still remains unacceptable.The ranking of the states where the most deaths are recorded is dominated by Central and South America:Colombia first and foremost, but also Brazil, Mexico, Honduras, Venezuela, Peru, Paraguay, Nicaragua.The only exceptions in the top ten are the Philippines, in fifth place, and Indonesia in tenth.More than a third of those killed were indigenous, for 7 percent they were Afro-descendants;two categories to which the Escazú Agreement pays particular attention, on a par with the women.

It is very difficult to reconstruct the motive for these crimes, but researchers have linked ten of them toagribusiness (of which half in Mexico), eight in mining and four in logging.He had the courage to challenge a global meat giant Marcel Gomes, awarded the Goldman environmental prize in 2024 for the Latin American region.Brazilian, with his investigative team discovered that the meat on the shelves of European supermarkets also came from cattle raised on illegally deforested areas.

 

Article published on October 5, 2018, updated on June 21, 2021 and September 10, 2024