The Ratification of the Escazú Agreement and the protection of Amazon rivers
By: Amazonas Perú Waterkeeper
By María Sembrero of Derecho, Ambiente y Recursos Naturales (DAR) — parent organization of Amazonas Perú Waterkeeper
The rivers of the Amazon have endured considerable impacts generated by oil spills and pollution from mining and other extractive projects, among other environmental insults, which represent serious consequences for indigenous peoples, local populations, and wildlife, and, indeed, for the global climate. These consequences continue to expand without any oversight or action by government agencies, nor prompt attention to those affected populations.
Considering this situation, and along with the need to draft strategies for economic development, governments have the obligation, duty, and opportunity to include the pending social demands to promote more sustainable and comprehensive development, providing greater protection to aquatic ecosystems severely impacted by these activities and by pitifully weak protection mechanisms.
To this effect, two essential efforts are needed: (i) Rethinking priorities from a new perspective that will put a premium on the life, health, socio-environmental well-being, and future of our communities; and (ii) Strengthening mechanisms for monitoring and protecting environmental rights and access to justice in environmental matters.
A necessary instrument to this end is the Escazú Agreement, which was first endorsed in 2012 at the UN Conference on Sustainable Development (Rio+20) and adopted in 2018 in Escazú, Costa Rica. It called on countries throughout Latin America and the Caribbean to guarantee environmental human rights. The regional agreement was supported by four pillars: access to information; public participation and access to environmental decision-making; access to justice in environmental matters under the principle of progressiveness, which promotes the adoption and reinforcement of measures that ensure sustainable development and a healthy environment; and protection of environmental defenders.
Rethinking priorities, making decisions that prioritize the life, health, socio-environmental well-being, and the future of our societies
In this regard, the Escazú Agreement promotes the strengthening of the right to participate in decision-making processes, reviews, re-examinations, or updates relating to projects and activities, as well as in other environmental authorization processes that have or may have a significant impact on the environment and health, ensuring that participation is duly considered and implemented at early stages (art. 7).
These guidelines strengthen environmental governance and, as a consequence, the development of policies and strategies that respond to the context, needs, and real-life experiences that would generate efficient and much-needed results for every nation’s well-being and future.
Strengthening mechanisms for the monitoring and protection of environmental rights, and access to justice in environmental matters
On this point, the Escazú Agreement encourages reinforcing the mechanism for transparency and access to environmental information, taking into account the conditions and specifics of communities in vulnerable situations to guarantee equal access to environmental information and participation (Article 5). This guarantee would grant river defenders and local populations the appropriate tools to access up-to-date and timely information, reinforcing the rivers’ supervision and protection.
On the other hand, the agreement strengthens the mechanism that guarantees access to environmental justice, since it provides key points, such as meeting the needs of vulnerable people or groups through free technical and legal assistance and measures to facilitate the production of evidence of environmental damage. Likewise, it draws legal measures to prevent, mitigate, or repair damage done to the environment and support to affected people, and financial instruments to aid the remediation established by judicial proceedings (Article 8). These are necessary steps to take against the all-too present reality of inaction by government and the lack of environmental justice and human rights.
In conclusion, it is imperative for the countries in the region to ratify the Escazú Agreement in order to reinforce the right to public participation in environmental decision-making, informational efficiency, and the consolidation of environmental justice; promoting the State commitment to sustainable development, the protection of life, health and the rights of those who fight for the conservation of ecosystems and ecosystem services of great importance such as those provided by the rivers of the Amazon.
Feature image by R. Mondragón/DAR