Blog Entry
July 21, 2020
Three Key Challenges for Environmental Democracy in Latin America and the Caribbean
By Daniel Barragán*
Photo: Daniel Barragán. 2015
The exercise of democracy promotes good stewardship of the environment.** A healthy and balanced environment is also essential for the full exercise of democratic citizenship. Democracy and the environment have important points of relation, resulting in the impact of democratic crisis on the environmental crisis, as well as on the environmental crisis impacting democracy and the rule of law.
March 4th, 2018, marked the closing and opening of a new chapter for the region with the adoption of the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean, better known as the Escazú Agreement. A chapter of intensive negotiations was closed, in which citizens and actors in organized civil society played a catalyst role in consolidating a vision of alternative democracy for the region. A new chapter was also opened towards the entry into force of the Agreement, following the fulfilment of a number of requirements, including that at least eleven countries ratify it.
In a region such as Latin America and the Caribbean, which underpins its growth and development on the exploitation of natural resources, it is not surprising that dynamics between communities, businesses and governments generate conflict. Mainly around the dynamics of ownership and use of soil and subsoil resources, and the environmental and social impacts associated with production processes. These dynamics and conflict at the same time directly influence social peace, people's quality of life, democracy and the "right of present and future generations to live in a healthy environment the right to sustainable development".***
In this context, the Escazú Agreement is proposed as a 'window of opportunity' to transform relationship dynamics and ensure an environmental democracy scenario. A scenario based on the exercise of access rights, or environmental procedural rights, and respect for the life and safety of environmental human rights defenders. However, the region still faces several conjunctural challenges to make the Escazú Agreement a reality, including:
Despite the identified situations, the Escazú Agreement process is progressing. The signatory Governments, in conjunction with ECLAC and several stakeholders of the 'public' initiated the process of defining the rules of procedure and modalities of participation to be adopted at the first Conference of the Parties, to be carried out after the entry into force of the Agreement; including the structure and functions of the Implementation and Compliance Support Committee. On its part, civil society continues to promote actions aimed at incorporating new signatory countries or collaborating with States in the ratification processes. The entry into force of the Agreement will be the move to a more relevant and complex stage: the implementation of standards at the national level and the strengthening of environmental democracy. *Original: Spanish **Carta Democrática Interamericana, Artículo 15. ***Acuerdo Regional sobre el Acceso a la Información, la Participación Pública y el Acceso a la Justicia en Asuntos Ambientales en América Latina y el Caribe. Art.1.
- Entry into force. To date, the Agreement has nine States party. However, more countries, mainly the megadiverse and more industrialized in the region, need to support the Agreement with their ratification. This would convey a powerful political message of support for a regional, binding compliance system that seeks to raise environmental and human rights standards across the region..
- Resistance to change. Negative campaigns against the Agreement have been recorded in some countries. Through misleading and biased messages - such as the risk of losing sovereignty over national territories comprising the Amazon – these campaigns have misinformed society and hindered legislative approval processes.
- Post-COVID-19 recovery. If, as an exit to the health and economic crisis we are going through, only incentives to revive production are prioritized without regard to sustainability, there could certainly be an impact on compliance standards and environmental regularization.
Despite the identified situations, the Escazú Agreement process is progressing. The signatory Governments, in conjunction with ECLAC and several stakeholders of the 'public' initiated the process of defining the rules of procedure and modalities of participation to be adopted at the first Conference of the Parties, to be carried out after the entry into force of the Agreement; including the structure and functions of the Implementation and Compliance Support Committee. On its part, civil society continues to promote actions aimed at incorporating new signatory countries or collaborating with States in the ratification processes. The entry into force of the Agreement will be the move to a more relevant and complex stage: the implementation of standards at the national level and the strengthening of environmental democracy. *Original: Spanish **Carta Democrática Interamericana, Artículo 15. ***Acuerdo Regional sobre el Acceso a la Información, la Participación Pública y el Acceso a la Justicia en Asuntos Ambientales en América Latina y el Caribe. Art.1.
Daniel Barragán
Researcher and consultant on environmental governance, open government, sustainability and social responsibility issues.
Currently serves as Director of the International Centre for Research on Environment and Territory (CIIAT) at the University of the Hemispheres, as well as Professor of Sustainability Policy. He previously served as Executive Director of the Ecuadorian Center for Environmental Law and as Cynthia Helms Fellow at the World Resources Institute. After becoming a Commercial Engineer, he received postgraduate degrees in Environmental Management and Sustainability and Social Responsibility (TEC de Monterrey), and in Community Participation in the Mining Industry (Queensland University of Technology). He is currently completing a master's degree in Social Responsibility and Sustainable Leadership (Universitat de Barcelona).