The first Conference of the Parties to the Escaz Agreement (COP1), the first regional environmental agreement in Latin America, was held in Santiago on 2022 April in a hybrid. A year after the treaty was signed, representatives of civil society and governments took the first steps towards its implementation.
The Escaz Agreement aims to ensure the effective and full implementation of the rights to access environmental information and public participation to environmental decision-making. It aims to secure environmental justice and protect the right to live in an environment that is healthy.
The agreement has been ratified by 12 nations. It is considered a historic and vital tool in a region that faces threats in these spheres. Latin America continues to be a region with the most environmental defenders being killed each year.
The recent three day conference confirmed that six representatives of the public participated in the work to guide the implementation of the agreement. It also created a compliance commission to hold countries accountable. However, it wasn’t all smooth sailing. There were several tensions during the summit.
Bolivian representatives presented a different approach to what had been discussed in the months prior to the COP. ProposalsTo amend a paragraph of the treaty that relates to public participation in the agreements prescribing committee. The proposal was quickly rejected by 700+ delegates.
One of the first decisions at the COP was to elect a president to oversee progress before the next meeting, which will be held in Argentina in 2023. Marcelo Cousillas was appointed director of the Uruguayan Ministry of Environment’s legal department. In an interview with Dilogo Chileno, he reflected upon the results of the COP1 meeting and looked forward to the next steps in the Escaz Agreement.
Dilogo Chino : The main objective for the COP is to approve the rules that will govern the operation of the agreement. How can you evaluate its development?
Marcelo Cousillas was deemed to be a complete success. The goals set for the first COP were met and draft decisions could be adopted. A few more drafts were also possible. a political declarationThese were not anticipated in the agreement, but were proposed by the countries with some anticipation. They were therefore considered and approved by all the states by unanimous consensus.
DC: What did the Bolivian intervention on effective participation in public participation make you think?
MC. During negotiations, various positions were presented such as Bolivias. This generated discussion. However, I believe that we should be not afraid to face this type of situation because it is the Cop. It is the area in which all member countries have equal voice and voting power. This is what happened.
These meetings must be prepared in advance to ensure their effectiveness. Otherwise, the time will not be enough. Sometimes, not all delegations have the same level of preparation. This can lead to disharmony. These circumstances were apparent at times, which we found worrying as it seemed to slow down the pace of our work. We were able, unlike other places and contrary to what is sometimes said about the region, to be punctual and complete our work on time.
What is the future of public participation in the agreement, after all the debate about Bolivia’s position?
Representatives from the public attended the meetings and discussions of Escaz’s negotiation process, even though there was no agreement. The approved rules allow elected representatives of the public to participate in the COP and to have a voice on the board of directors. This is a novel feature of the Escaz Process, as it is the only international environment agreement that was negotiated with the active and direct participation of elected representatives.
How can the Escaz Agreement and its subsidiaries, such as the Committee to Support Implementation and Compliance, help environmental defenders to be successful?
We have approved the rules for composition and operation of the compliance commission. This committee will consist of seven independent experts from each of the three branches of government and will be elected to office by the COP.
Their role will be to work with the state governments for a better application of the agreement. This has an effect on protecting human rights defenders in matters related to the environment. These seven experts are to be elected at next year’s COP in Argentina.
When would the committee be able to start working and how will it operate?
To allow this committee to function, it will need to incorporate the rules we just adopted at this conference. This will take place at the COP in Argentina in April 2023.
The environment is not just protected in one area, it is also protected in the entire region. It is also protected globally
This means that a process will be initiated to identify, survey, and evaluate potential candidates, so that the COP can make informed decisions about them. It is possible to predict that the committee will be integrated in the first half 2023 and will therefore be able to begin its activities.
How can you make the Escaz Agreement standards a reality for the people?
Each state party must ensure that its laws and practices conform to the provisions of the agreement in terms of access information information that must actively be provided to citizens participation to environmental decision-making, access justice, and protection of defenders. The agreement’s various articles. This is essentially the responsibility of the countries.
Why is it important that countries in the region who have not ratified or signed the Escaz Agreement do?
The Escaz Agreement refers to a regional agreement that covers Latin America and the Caribbean. It identifies 33 states that have the potential to join it in its annexe. Twelve states have done this already [by ratifying the agreement]It has been signed by twelve more countries. The region’s countries have repeatedly stressed the need to protect our environment. There are many issues that we may disagree on, but it is one issue that unites all of us.
The environment isn’t just protected in one area, it is also protected across the whole region. Therefore, it is convenient for a country when the region is united in defense of the environment. As a country, I will do everything in my power to ensure the safety of my citizens and that of other countries. This will ensure that everyone has the same rights as the other countries.
This does not mean we will apply the rights under the same rules. The environment rules in the Amazon wetlands and the Chilean dry area are not the same. Nor do they apply in the Uruguayan plains or in the Andean region. To guarantee equal rights in all regions, it is necessary to find different solutions. Escaz is seeking this.
