A series of regulatory adjustments will have to be made by countries such as Mexico, Colombia and Chile to implement the Escazú agreement, promoted in 2018 to address public participation and access to justice in environmental matters. Peru, which has yet to ratify in its Congress, would have a regulation in accordance with these principles.
An analysis carried out by the network of law firms Affinitas, made up of Barros & Errázuriz; Gomez-Pinzon; Mijares, Angoitia, Cortes and Fuentes; and Miranda y Amado, explains that Mexico is the country that is ahead, since it signed the treaty in 2018 and it entered into force in 2021.
Although Chile did not sign the agreement within the term, it did adhere later and ratified it at the end of May. In September it begins to be in force. Like Peru, Colombia has not yet ratified it in its Congress, due to the loss of urgency it suffered due to the pandemic, although it should now become relevant with the government of Gustavo Petro.
The changes
According to the document, some of these countries must make a series of adaptations to comply with Escazú.
In Mexico, laws on access to information must be adjusted to incorporate environmental issues, and also establish updated environmental information systems.
In addition, the protection of defenders of the environment and territory must be guaranteed, through the Law for the Protection of Human Rights Defenders and Journalists, among other measures.
In Colombia, although most of the aspects of the agreement are already included in the legislation, it will be necessary to strengthen some aspects such as the disclosure of reliable and accessible public information, the protection of environmental defenders and the mandatory nature of sustainability reports.
In the case of Chile, the studies highlight that the country has a solid base regarding access to information, participation and environmental justice, but these aspects will have to be further improved. “There is still no clear roadmap on the implications at the regulatory level, but adaptations will probably have to be made in relation to the protection of environmental defenders, since there is no protection statute in this matter,” they explained, something that should be clarified upon entry into force.
In the case of Peru, it seems that its regulation already complies with many of the normative aspects that Escazú implies, so there should be no major reforms, although it is not clear when it will be ratified by Congress.
the first case
Given that it is still in the ratification stage in some countries and in the implementation period, the treaty has not been seen with force in judicial decisions on environmental issues. However, there is already a first sign.
This, because in Mexico the Supreme Court of Justice resolved in 2018 an amparo for the violation of the right to a healthy environment as a consequence of the development of a project to build an Ecological Theme Park in the state of Tamaulipas.
In general terms, a local judge who reviewed the case, determined that the individuals could not go to the amparo trial, due to lack of legitimate interest. However, the higher court forced all authorities to grant the broadest protection to the human right to a healthy environment, which meant immediately revoking any permit for the project.
Now, it will be necessary to see if the regulations influence all the disputes that exist around the construction of the so-called Mayan Train.
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