Latin America and the Caribbean adopted the Escazu Agreement to guarantee the rights of all people to have a healthy environment, to develop sustainably, and to fight against inequality and discrimination.

An open state – which strengthens transparencyAccording to OGP’s Articles of Governance, transparency occurs when “government-held information (including on activities and decisions) is open, comprehensive, timely, freely available to the pub... More, collaboration and participation in the three branches of the state – and the Escazu Agreement share the guiding principles of access to public information, citizen participationAccording to OGP’s Articles of Governance, citizen participation occurs when “governments seek to mobilize citizens to engage in public debate, provide input, and make contributions that lead to m... More, and justiceTo address barriers that prevent citizens from having their justice needs met, OGP participating governments are working to expand transparency, accountability, and inclusion into all systems of justi... in environmental matters. However, there are challenges to successfully implement the environmental treaty that involve the justice sector. This is where the lessons learned from the open government processes carried out by the Open Government PartnershipThe Open Government Partnership (OGP) is a multi-stakeholder initiative focused on improving government transparency, ensuring opportunities for citizen participation in public matters, and strengthen... More (OGP) in the different countries can help ensure that the Escazu Agreement reaches its goals and does not remain as simply good intentions.

To support these efforts, in 2023 the International Network for Open Justice (RIJA)  launched a new working group: Open Environmental Justice, which aims to synthesize environmental justice and open justiceAn open, independent, and impartial justice system serves as a foundation for better access to justice by fulfilling all people’s civil liberties and allowing individuals to more effectively protect....

Here we share four issues of the Escazu Agreement that can be addressed from a justice perspective.

Access to public information

Public information is a central element to promote the involvement of all people in environmental matters. That’s why information should be delivered through clear and simple procedures that comply with the principles of the right of access to public information. The data should be delivered and published in open formats, have clear language, and be accessible.   

Training

Training justice practitioners on environmental justice can help successfully implement the Escazu Agreement from an open justice perspective. It is essential that both the justice officials and the holders of the right to a healthy environment know the rules, processes, scope, existing resolutions, and the possibilities of intervention in environmental matters so they can apply and exercise that right.

 Citizen participation

Any intervention in the environment must ensure respect, protection, and fulfillment of the rights of all people. That’s why the involvement of citizens in all stages of environmental processes is essential. To guarantee this involvement, participation should begin as early as possible with methodologies designed  to create trust and foster quality discussions.

 Strategic Alliances

The care and protection of the environment are a shared responsibility of the three powers of the State, the private sectorGovernments are working to open private sector practices as well — including through beneficial ownership transparency, open contracting, and regulating environmental standards. Technical specificat..., and citizens. It is essential to promote and encourage alliances between these sectors throughout the different stages of the Escazu Agreement.

These are some of the proposals governmental, civil society and academic organizations that participated in a recent  workshop organized by OGP, ECLAC, and Universidad Hemisferios at the second meeting of the Conference of Parties to the Escazu Agreement (COP2) shared as ways to guarantee safe and equitable conditions for citizens have an effective access to information, public participationGiving citizens opportunities to provide input into government decision-making leads to more effective governance, improved public service delivery, and more equitable outcomes. Technical specificatio..., and justice in environmental matters. As the open government community prepares to implement OGP’s 2023-2028 strategy, where justice and environment issues are high priorities, it is more important than ever to ensure that we can align these two agendas and capitalize on the opportunities that are presented to strengthen the environmental rights of all.