The Escazú Agreement: public access to environmental information and the goal of a sustainable future

Abstract

The adoption in 2018, and entry into force in 2021, of the Escazú Agreement creates significant room for the further entrenchment of Principle 10 of the Rio Declaration in countries in the Latin America and Caribbean region. The severe environmental and related human rights challenges in the region have attracted global attention. And the Agreement is most timely in its aim to secure a healthy environment for the present and future generations and ensure sustainable development in the region. Within the context of good practice in the field – as exemplified by the earlier Aarhus Convention and the United Nations Environmental Programme (UNEP) Bali Guidelines – and the peculiar requirements of the region, this article assesses the quality of the Escazú Agreement, and the extent to which the public right of access to environmental information in the Agreement can contribute to achieving the goal of the regime. It also reflects how best this right might be strengthened where necessary. The study finds that while aspects of the information right are sound, are sensitive to regional needs and peculiarities, and align with and even go beyond established good practice, some key provisions require strengthening as they are significantly weak and potentially compromising of the overall value of the access right granted.