The Escazú Agreement: Reimagining Democracy in the Face of Environmental Crisis

A major legal milestone is inspiring hope in the world’s deadliest region for environmental defenders. Civil society movements across Latin America and the Caribbean have contributed to the widely ratified Escazú Agreement to enshrine protections for people defending their communities on the frontline of the climate crisis. But while big strides have been made, there remain obstacles to enforcing action on the ground, and the region needs concerted government action and more donors to invest in its success. 

What is the Escazú Agreement?

The Escazú Agreement is a landmark environmental treaty, named after the Costa Rican region where it was signed on March 4, 2018. The first regional environmental treaty in Latin America and the Caribbean, it assures that citizens of the signatory countries will enjoy rights according to three core principles:

1. Access to information about the health of natural environment and potential risks posed to it by development projects
2. Participation in decision-making processes affecting the environment
3. The pursuit of justice when environmental rights are violated

It is the world’s first international agreement to contain specific provisions on the protection of environmental human rights defenders.

How has Escazú reimagined democracy to counter climate threats?

Escazú is the result of years of tireless efforts by activist movements across Latin America and the Caribbean to convince governments to negotiate a treaty that will promote environmental democracy. It is the only international environmental agreement that features direct participation from elected public representatives who engage with the board and secretariat. The mass civil society mobilization behind Escazú has enabled a mechanism to win back citizens’ rights and enable justice by responding to growing threats to environmental defenders. It empowers them as key stakeholders in the economic and social transformation required to combat the climate crisis. Article 9 of the treaty specifically outlines obligations signatories must undertake to provide a safe environment for environmental defenders to operate, establish effective measures to recognize and protect their rights, and take action to prevent, investigate, and prosecute attacks against them. 

Why is Escazú needed?

Risks to environmental defenders’ lives are multiplying when the climate needs them the most. In 2024, according to the NGO Global Witness, 146 individuals were murdered or disappeared, defending their communities’ right to a clean and sustainable environment. While most deaths have occurred in Latin America, defenders in the Caribbean suffer threats, intimidation, and media smear campaigns which aim to silence opposition to extractive practices. Environmental justice in the region is also inextricably linked with supporting marginalized communities. Though Indigenous peoples represent around 6 percent of the global population, they account for one-third of those killed protecting their environment. Women and Afro-descendant communities also face significant obstacles and dangers over their struggle for land rights. Supporting Escazú protects defenders and, by extension, protects us all. 

What impact has Escazú had so far?

The agreement was negotiated under the auspices of the United Nations Economic Commission for Latin America and the Caribbean and entered into force on April 22, 2021. It has been ratified by 18 countries: Antigua and Barbuda, Argentina, Belize, Bolivia, Chile, Colombia, Dominica, Ecuador, Grenada, Guyana, Mexico, Nicaragua, Panama, Saint Vincent and the Grenadines, Saint Kitts and Nevis, Saint Lucia, the Bahamas, and Uruguay. Some countries have also shown an institutional-level effort to turn the treaty text into operational tools. In September 2024, Mexico published a guide to help authorities, civil society, and defenders to understand the state’s obligations under Article 9 of the treaty, and the steps needed to meet them.

How is Open Society supporting Escazú?

Since 2016, the Open Society Foundations has supported many of the civil society organizations that worked to secure the Escazú Agreement. By increasing the participation in the negotiating process of those most affected—Indigenous leaders, vulnerable groups, youth movements, and environmental defenders—Escazú developed those strong protections. By linking environmental protection with human rights, democratic governance, and sustainable development, Escazú aligns with Open Society’s commitment to advancing the goals of social justice worldwide.

Open Society is delighted to announce a $2 million investment over four years that will encourage Escazú’s implementation as well as providing other investments in regional and national civil society organizations and government initiatives to strengthen the agreement. 

What happens next?

Escazú is still yet to be signed by nine of the region’s 33 countries, and six of the signatories are yet to ratify. Opponents criticize the agreement as anti-development and harmful to commercial interests, as well as eroding national sovereignty. Also, while the framework has been established, actual protections on the ground (prevention of attacks and investigation of threats) still lag in many places. Effective implementation requires aligning national laws, resourcing public institutions, and assuring public participation of defenders.

Open Society is calling upon all bilateral and private donors to invest in the Escazú Agreement, ensuring that it is implemented in letter and spirit, and enable environment defenders to put forward real solutions that can lead us out of the climate crisis.