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1、Regional Agreement onAccess to Information,Public Participation and Justicein Environmental Matters inLatin America and the Caribbean implementation guideThank you for your interest in this ECLAC publicationPlease register if you would like to receive information on our editorial products and activi

2、ties. When you register, you may specify your particular areas of interest and you will gain access to our products in other formats.Register www.cepal.org/en/publications www.cepal.org/es/publicaciones/appsRegional Agreement on Access to Information, Public Participation and Justice in Environmenta

3、l Matters in Latin America and the Caribbean implementation guideJos Manuel Salazar-XirinachsExecutive SecretaryRal Garca-BuchacaDeputy Executive Secretary for Management and Programme AnalysisJoseluis SamaniegoChief, Sustainable Development and Human Settlements DivisionSally ShawChief, Documents a

4、nd Publications DivisionThis document was prepared by the Economic Commission for Latin America and the Caribbean (ECLAC), in its capacity as Secretariat of the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean (

5、Escaz Agreement). It was written by Danielle Andrade, David Barrio, Marcelo Cousillas, Carlos de Miguel and Constance Nalegach, and was reviewed by experts Winston Anderson, Rose-Marie Belle Antoine, Slvia Cappelli, Concepcin Escobar, Arancha Hinojal, Jerzy Jendroka, John H. Knox, Lina Muoz, David N

6、anopoulos and Mario Pea. Guillermo Acua, Gabriela Burdiles, Artie Dubrie, Valeria Torres and Laverne Walker, of ECLAC, also provided assistance.During the public consultation process, comments were received from the following people and institutions: Rosana Actis; the American Association of Jurists

7、 (AAJ); Diego Cofr, University of Concepcin (Chile); Comunicacin y Educacin Ambiental S.C. (Mexico); Coordinating Body of Indigenous Organizations in the Amazon Basin (COICA); Earth Law Center; EarthRights International (ERI); Fundacin Ambiente y Recursos Naturales (FARN) (Argentina); Gloria Olimpia

8、 Castillo; Natalia Gmez; and Sociedad Peruana de Derecho Ambiental (SPDA).The views expressed in this document are those of the authors and do not necessarily reflect the views of the Organization or the countries it represents, or those of other persons and organizations that contributed to its pre

9、paration. The views expressed in this document do not necessarily reflect the official position of any of the parties or bodies of the Escaz Agreement.Financial support for the preparation of this document was provided by the United Nations Development Account through the project entitled “Enhancing

10、 access to information, public participation and justice in environmental matters in Latin America and the Caribbean to build back greener, fairer and better”.United Nations publicationLC/TS.2021/221/Rev.1Distribution: GCopyright United Nations, 2022All rights reservedPrinted at United Nations, Sant

11、iagoS. 22-00677This publication should be cited as: Economic Commission for Latin America and the Caribbean (ECLAC), Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean: implementation guide (LC/TS.2021/221/Rev.1),

12、 Santiago, 2022.Applications for authorization to reproduce this work in whole or in part should be sent to the Economic Commission for Latin America and the Caribbean (ECLAC), Documents and Publications Division, publicaciones.cepalun.org. Member States and their governmental institutions may repro

13、duce this work without prior authorization, but are requested to mention the source and to inform ECLAC of such reproduction.About the authorsDanielle AndradeElected representative of the public for the Escaz Agreement (20152022), Ms. Andrade is a lawyer and holder of a masters degree in environment

14、al law (LL.M.) from Queen Mary University of London, a partner at Goffe Law, Jamaica, and the former Legal Director of the Jamaica Environment Trust.David BarrioEnvironmental Affairs Officer at ECLAC and a member of the Secretariat of the Escaz Agreement, Mr. Barrio is a lawyer and holder of a maste

15、rs degree in law (LL.M.), political science and international relations, who has studied at universities in Belgium, Canada, Spain and the United Kingdom. Formerly with the Office of the United Nations High Commissioner for Human Rights, he has worked as a lawyer in several firms.Marcelo CousillasHe

16、ad of the Legal Department of the Ministry of the Environment of Uruguay, Mr. Cousillas is a lawyer and holder of a masters degree in environmental law, and a Professor of Environmental Law at Universidad de la Repblica and the University of Montevideo. He was the representative of Uruguay during ne

17、gotiations for the Escaz Agreement, the Chair of the legal review group of the negotiating committee and the Chair of the first meeting of the Conference of the Parties to the Agreement.Carlos de MiguelHead of the Policies for Sustainable Development Unit of the Sustainable Development and Human Set

18、tlements Division of ECLAC, Mr. de Miguel coordinates the actions taken by the Secretariat of the Escaz Agreement. He is an economist; holds a Ph.D. in Economics, summa cum laude, from the Universidad of Valladolid, and a masters degree in Environmental Economics from the University of Chile; and is

19、 a graduate of the European Studies programme, Tilberg University, the Netherlands.Constance NalegachChief of the Office of International Affairs of the Ministry of the Environment of Chile, Ms. Nalegach is a lawyer who holds a masters degree in public law with a specialization in constitutional law

20、 and a masters degree in human rights. The representative of Chile during the negotiations for the Escaz Agreement, she was also the Co-Chair of the Negotiating Committee.About the reviewersWinston AndersonA Judge at the Caribbean Court of Justice and Chair of the Academy for Law of the Caribbean Co

21、urt of Justice, Mr. Anderson is the holder of an LL.B. (honours) from the University of the West Indies. He also holds a Ph.D. in philosophy from the University of Cambridge with a specialization in international and environmental law and is a professor of law and the author of Principles of Caribbe

22、an Environmental Law*.Rose-Marie Belle AntoineA Professor of Law, Pro Vice-Chancellor and the Principal Professor of the Saint Augustine campus of the University of the West Indies, Ms. Antoine was previously the Pro Vice-Chancellor of the Board for Graduate Studies and Research and was the first si

23、tting Dean of the Faculty of Law at Saint Augustine campus.Slvia CappelliState Prosecutor of Rio Grande do Sul, Ms. Cappelli is the former Director of the Right to a Green Planet Institute of Brazil and is a Professor of Environmental Law and the former President of the Brazilian association of memb

24、ers of the office of the prosecutor for the environment.Concepcin EscobarA Professor of Public International Law at State Distance Learning University (UNED), Ms. Escobar is a member and Special Rapporteur of the International Law Commission of the United Nations.Arancha HinojalHead of the Depositar

25、y and Registration Units, Treaty Section, Office of Legal Affairs of the United Nations Secretariat.Jerzy JendrokaThe Vice-Chair of the Compliance Committee of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Conv

26、ention), Mr. Jendroka is a Managing Partner at Jendroka Jerzmaski Bar and Partners (JJB), and a Professor at the University of Opole and at the Riga Graduate School of Law. Holder of a masters degree in law from the University of Wrocaw, he also holds a Ph.D. and an authorization to teach at the uni

27、versity level from the Institute of Legal Studies of the Polish Academy of Sciences.John H. KnoxThe Henry C. Lauerman Professor of International Law at Wake Forest University, Mr. Knox was the first United Nations Special Rapporteur on human rights and the environment. He holds a Ph.D. in jurisprude

28、nce from Stanford Law School.* Principles of Caribbean Environmental Law, Washington, D. C., Environmental Law Institute (ELI), 2012.Lina MuozA lawyer and the holder of a Ph.D., summa cum laude, in law, Ms. Muoz is the director of the specialization and masters programme for environmental law and ma

29、nagement, and an advisor to the legal clinic Grupo de Acciones Pblicas (GAP) of the Faculty of Jurisprudence of Universidad del Rosario in Bogot.David NanopoulosChief of the Treaty Section of the Office of Legal Affairs, United Nations Secretariat.Mario PeaCoordinator of the masters programme in env

30、ironmental law of the University of Costa Rica, Mr. Pea is a litigator, consultant, researcher and Professor at the Faculty of Law of the University of Costa Rica and also teaches in the masters programmes for environmental law and public law of the postgraduate studies programme of the University o

31、f Costa Rica.ContentsAbout the guide11I. Introduction15A. Brief history of the process171.Preparatory phase192.Negotiating phase21B. Overview of the Agreement: Escaz in a nutshell241.“Escaz and you”: the basics242.A birds-eye view of the Escaz Agreement: general structure26C. How to read the Agreeme

32、nt311.Holistic approach312.Nature of the obligations and use of terminology313.Rights-holders and duty bearers334.Rules of interpretation335.National implementation34D. Cross-cutting elements361.Driving forces362.The connection with human rights373.Contribution to the 2030 Agenda and the Sustainable

33、 Development Goals404.Relation with other international treaties425.Interconnectedness of access rights426. Persons and groups in vulnerable situations447. Reaffirming and developing access rights in environmental matters45II. General part47A. Preamble50B. Article 1: Objective611.Material scope612.T

34、erritorial scope62C. Article 2: Definitions63D. Article 3: Principles69E. Article 4: General provisions83III. Access to environmental information95A. Article 5: Access to environmental information981. Accessibility of environmental information1002. Refusal of access to environmental information1033.

35、 Conditions applicable to the delivery of environmental information1084. Independent oversight mechanisms112B. Article 6: Generation and dissemination of environmental information114IV. Public participation in the environmental decision-making process129A. Article 7: Public participation in the envi

36、ronmental decision-making process135V. Access to justice in environmental matters155A. Article 8: Access to justice in environmental matters159VI. Human rights defenders in environmental matters175A. Article 9: Human rights defenders in environmental matters180VII. Capacity-building and cooperation1

37、89A. Article 10: Capacity-building194B. Article 11: Cooperation198C. Article 12: Clearing house205VIII. Institutional provisions207A. Article 13: National implementation212B. Article 14: Voluntary fund213C. Article 15: Conference of the Parties214D. Article 16: Right to vote219E. Article 17: Secreta

38、riat220F. Article 18: Committee to Support Implementation and Compliance222IX. Final provisions and annex 1227A. Article 19: Settlement of disputes232B. Article 20: Amendments234C. Article 21: Signature, ratification, acceptance, approval and accession2361. Signature2362. Ratification, acceptance an

39、d approval2373. Accession238D. Article 22: Entry into force239E. Article 23: Reservations241F. Article 24: Withdrawal243G. Article 25: Depositary244H. Article 26: Authentic texts246I. Annex 1247TablesTable I.1Preparatory phase19Table I.2Examples of rights-holders and duty bearers in the Escaz Agreem

40、ent33Table I.3Access rights in international human rights standards38Table I.4Access rights in multilateral environmental agreements43Table I.5Access rights in international instruments relating to indigenous peoples44Table II.1Main obligations contained in article 4 of the Escaz Agreementand implem

41、entation guidance83Table III.1Main obligations contained in article 5 of the Escaz Agreementand implementation guidance98Table III.2Main obligations contained in article 6 and implementation guidance114Table IV.1Main obligations contained in article 7 of the Escaz Agreementand implementation guidanc

42、e132Table V.1Main obligations contained in article 8 of the Escaz Agreementand implementation guidance158Table VI.1Main obligations contained in article 9 of the Escaz Agreementand implementation guidance179Table VII.1Main obligations contained in articles 10, 11 and 12 of the Escaz Agreementand imp

43、lementation guidance192Table VII.2Multilateral environmental agreements with referencesto specific groups of countries200Table VII.3Categories of countries subject to special considerationunder United Nations frameworks202Table VIII.1Main obligations contained in articles 1318 of the Escaz Agreement

44、and implementation guidance210Table IX.1Main obligations contained in articles 1926 of the Escaz Agreementand implementation guidance230BoxesBox I.1The origins of the term “public” in the Escaz Agreement process20Box I.2Initial election of the representatives of the public21Box I.3Key elements of th

45、e Escaz Agreement25Box I.4Statements by United Nations human rights experts on the Escaz Agreement39Box II.1United Nations Principles of Effective Governance for Sustainable Development72Box II.2Articles referring to the pro persona principle in internationalhuman rights treaties82Box III.1Six-stage framework to address the design of pollutant releaseand transfer registers (PRTRs)120Box III.2The contribution of peer reviews to environmental democracy:environmental performance reviews125Box IV.1The United Nati