The Escazú Agreement and the Regional Approach to Rio Principle 10: Process, Innovation, and Shortcomings

Abstract

The adoption in 2018 of the Escazú Agreement by the countries of the Latin American and Caribbean region marks the second regional legal instrument aimed at the implementation of Principle 10 of the 1992 Rio Declaration, joining the Aarhus Convention of the pan-European region. The international community has settled upon the regional level as the appropriate means for implementing standards related to access to information, public participation, and access to justice in environmental matters. The appropriateness of the regional level is demonstrated by the differences and innovations found in the Escazú Agreement, in its scope and definitions, background principles, burden of proof and protections of environmental defenders and vulnerable populations. Yet, the regional approach also entails risks, as demonstrated by the limitation of the scope of rights for nationals of the country where specific activities are planned or occurring.

The landmark Escazú Agreement: An opportunity to integrate democracy, human rights, and transboundary conservation

“…A call has already been raised for a binding policy instrument that regulates and monitors both national and international owners of mining companies in Brazil, following the collapse of a mining dam that killed 20 people and degraded several thousands of square kilometers of indigenous lands (Garcia et al., 2017). Although there are some international treaties and declarations that promote human rights (e.g., Universal Declaration of Human Rights), the Escazú Agreement is an answer to such a call, as it is the first legally binding instrument targeting the protection of environmental defenders and their human rights to live in a safe environment (Stec & Jendrośka, 2019). The Escazú Agreement can actually serve as a reference for the Inter‐American Court of Human Rights’ jurisprudence, as has been done with similar conventions (e.g., Aarhus Convention in EU, Stec & Jendrośka, 2019).…”

“…In 2012, 10 LAC countries gathered in Rio+20 to endorse a declaration––the Escazú Agreement––that applies the three main pillars of Principle 10 of the Rio Declaration (Stec & Jendrośka, 2019): 1. Information, 2.…”

“…The Escazú Agreement does not set conservation targets, but instead provides guidance on environmental democracy, cooperation, and human rights, which is intended to be adaptable to each country's context (Article 4.3, Stec and Jendrośka (2019)). It is, therefore, crucial that there is clarity around the mechanisms that could facilitate the integration of the Agreement's articles for advancing biodiversity conservation and the protection of the environmental defenders.…”

El histórico Acuerdo de Escazú: una oportunidad para integrar democracia, derechos humanos y conservación transfronteriza

“…A call has already been raised for a binding policy instrument that regulates and monitors both national and international owners of mining industries in Brazil, following the collapse of a mining dam that killed 20 people and degraded several thousands of square kilometres of indigenous lands (Garcia et al 2017). The Escazú Agreement is an answer to such a call, as it is the first legally binding instrument targeting the protection of environmental defenders and the human rights (Stec and Jendrośka 2019). However, Article 9 of the Agreement (see table 1) will be difficult to achieve, and will require sustained cooperation and transparency from governments, business, and NGOs (Bille Larsen et al…”

Public Participation in Climate Policy Making: Toward Reconciling Public Preferences and Legal Frameworks

“…The United Nations-based Aarhus Convention is the prime legal framework that mandates access to information and possibility for citizens to participate in decision making on environmental matters. 8 This document is binding for 47 European countries and inspired similar approaches in South America, with the Escazu agreement, 36 and in China. 37 The Aarhus Convention can thus be used as a reference document for discussing the legal framework for public participation in environmental matters, including climate action.…”