Environmental Defenders Under Threat: A New Digital Tool for Accountability under the Escazú Agreement

In Fall 2024, the Human Rights at Home Law Profs Blog is excited to feature a series of blog posts focusing on human rights and the environment written by students in the International Human Rights Clinic at UIC Law. This is the third post in that series. The first post in the series can be accessed here. The second post can be accessed here.

By Amanda Chavez, 2L at UIC Law

As environmental defenders face increasing threats, a new online platform launched by the Economic Commission for Latin America and the Caribbean (ECLAC) has been created in support of the Escazú Agreement (the Agreement), formally known as the Regional Agreement on Access to Information, Public Participation, and Justice in Environmental Matters in Latin America and the Caribbean. The website is designed to report a range of violations related to the protection of environmental defenders. Communications submitted on the platform will be directed to the Implementation and Compliance Support Committee (Compliance Committee), further strengthening its advocacy for greater accountability in the protection of environmental rights defenders. As a key body of the Conference of the Parties (COP) under the Escazú Agreement, the Compliance Committee plays a vital role in monitoring state compliance and offering support to ensure the rights of environmental defenders are protected in practice. While the website enhances the advocacy of the Committee, its effectiveness relies on collective efforts to report violations against environmental defenders and clear guidelines regarding the actions taken when offenses to the Agreement are reported.

Understanding the Escazú Agreement

Environmental human rights advocates in the Americas face constant and often deadly attacks. Latin America and the Caribbean have consistently ranked as the world’s most dangerous region for environmental defenders. From 2012 to 2022, 88% of murders of environmental defenders took place in the region, with nearly 1,910 deaths recorded. Advocates from all over the region face criminalization, intimidation, smear campaigns, lack of protection, and lack of access to justice. In 2022, Mexico had the highest number of environmental defenders murdered, with 40% of the victims being Indigenous. Many environmental defenders in Colombia, Brazil, and Guatemala reported experiences of violence and displacement. 

The Escazú Agreement is a treaty aimed at protecting environmental human rights. It focuses on three key pillars: the right to information, public participation in environmental decisions, and access to justice. It includes provisions aimed at protecting environmental defenders who have faced rising violence and threats standing up against environmental degradation, corporate exploitation, and governmental inaction. The Agreement aims at addressing the needs of vulnerable environmental human rights defenders and promoting sustainable development by protecting access and procedural rights in the context of environmental and human rights. One such protection is Indigenous peoples’ right to Free, Prior and Informed Consent before a State takes action that may affect them. The treaty was adopted in 2018 and entered into force as a binding instrument of law in April 2021. As of September 2024, there are twenty-four state parties with sixteen states having ratified the treaty. 

Recent Developments in the Compliance Committee

Despite the significant strides made by the Escazú Agreement in addressing the rights of environmental defenders and the need for greater participation, there remain considerable gaps in its enforcement and practical application. The lack of clear mechanisms for accountability and monitoring creates significant implementation barriers for the Agreement’s key provisions. This is where the Compliance Committee becomes critical as it adopts a consultative approach and depends on the active participation of member states. During the third meeting of the COP in April 2024 (COP3 Meeting), Anixh de Pablo, an indigenous leader from Guatemala, urged state parties to create mechanisms for participation of environmental defenders and Indigenous people, and a process for evaluating state participation. 

The ECLAC launched a website in September 2024. It was designed as a digital tool for reporting violations of the rights of environmental human rights defenders. It allows individuals, governments, and non-governmental organizations (NGOs) to report and track incidents of violence and threats against environmental activists. With this tool, the Compliance Committee can better identify gaps in implementation and hold member states accountable for failing to protect environmental defenders. Following the filing of reports, the Committee is to report to the COP, including any conclusions made regarding state non-compliance. Sources do not explicitly state what actions the COP takes in response to receiving the Committee’s reports, emphasizing an overall lack of procedural clarity within the Agreement. 

Call to Action

We must amplify the voices of those on the front lines of environmental protection and stand together in demanding that they may do so without fear of violence or persecution. Amnesty International calls on all thirty-three Latin American and Caribbean states to ratify the treaty. It emphasizes the urgent need for states already party to the agreement to uphold its provisions. The Escazú Agreement represents a powerful commitment to environmental justice and the launch of the reporting website is a vital step forward, but it is not enough. It requires collective action to ensure that it is widely used, that the data it generates is acted upon, and that accountability becomes a reality.