Why is it so important for Chile to be part of the Escazú Agreement?

Joining the Escazú Agreement (Acuerdo de Escazú, AE) has been a long-held goal for many of the country’s environmental organizations and millions of Chileans. It was also a key commitment of the government’s green agenda.

President Gabriel Boric today headed the first Conference of the Parties (COP 1) for this Latin American and Caribbean agreement. For the first time, it brought together authorities and official representatives of the countries that are already part of the treaty and those who are in the process of joining.

- But many people are asking, what is this environmental body about?

- In general, the AE’s goal is to guarantee the full and effective implementation in Latin America and the Caribbean of the right of access to environmental information, public participation in environmental decision-making processes, and access to justice in environmental matters. It also builds and strengthens capacities and cooperation, contributing to the protection of each person’s right to live in a healthy environment and to sustainable development, among present and future generations.

- What are the main characteristics of the Escazú Agreement?

- It is Latin America and the Caribbean’s first and only environmental agreement that will allow us to address every environmental challenge, as it is the only one in the world to consider explicit protection provisions for human rights defenders in environmental matters. It was also drawn up for and by Latin America and the Caribbean, recognizing the specific circumstances and challenges of the region and its countries, and enjoys broad legitimacy thanks to a negotiation process of unprecedented openness, transparency and inclusion. Regarding dispute resolution, it follows the trend of a dozen agreements ratified by Chile, such as the United Nations Framework Convention on Climate Change and the Minamata Convention on Mercury. 

- Why is Chile’s participation important?

- Because Chile and the other participating states reinforce their obligation to guarantee human rights, such as access to information, public participation and access to justice. Joining provides us with a platform to cooperate with the region, sharing good practices. This agreement is also an international instrument that promotes a true state environmental policy, which is essential for addressing the current climate crisis. Lastly, it faithfully reflects the principles of Chile’s foreign policy (respect for international law, democracy promotion and respect for human rights, and the responsibility to cooperate).

- Does Chile’s accession mean a replacement or modification of our country’s current legislation?

- No. The Escazú Agreement incorporates standards that states commit to observe. In this regard, its approval does not repeal or create regulations. It rather implies the commitment of states to move towards those standards, whether that implies legal, administrative/regulatory, or simply management changes. It will be the states that define how and when to do so, without there being immediate obligations in this regard, because, as with most international agreements, the treaty is applied according to national circumstances.

- Is Chile already a member of the Escazú Agreement?

- Not yet. After its text was agreed on March 4, 2018, the treaty was open to be signed by the 33 countries of Latin America and the Caribbean between September 27, 2018, and September 26, 2020, with 24 countries eventually joining. The only Latin American countries that did not sign the agreement, and can no longer do so since the period has now expired, were Chile, Cuba, Venezuela, El Salvador and Honduras. Furthermore, 12 ratifications have already been achieved by signatory countries. Having achieved one more than the 11 necessary ratifications, the Escazú Agreement came into force on April 22, 2021. Our country is now asking to join the agreement, subject to ratification by Congress.