A landmark legal achievement is offering hope in one of the world’s deadliest regions for environmental defenders. Civil society movements across Latin America and the Caribbean have played a pivotal role in securing the widely ratified Escazú Agreement, which enshrines protections for people defending their communities against the impacts of climate change. Despite these advances, challenges remain in enforcing protections on the ground, requiring coordinated government action and increased donor investment to ensure the treaty’s success.
The Escazú Agreement, signed in Costa Rica on March 4, 2018, is the first regional environmental treaty in Latin America and the Caribbean. It guarantees citizens the right to access information about environmental risks, participate in decision-making processes affecting the environment, and seek justice when environmental rights are violated. Notably, it is also the first international agreement to include specific provisions protecting environmental human rights defenders.
The treaty has reimagined democracy in the region by enabling direct participation from civil society and elected public representatives. Years of mobilization by activist movements ensured the inclusion of mechanisms that safeguard citizens’ rights and support justice for environmental defenders. Article 9 of the treaty outlines obligations for signatory countries to provide a safe environment for these defenders, recognize and protect their rights, and take action against attacks or threats. By empowering defenders, Escazú positions them as critical stakeholders in economic and social transformations needed to address the climate crisis.
The need for Escazú is urgent. Risks to environmental defenders have surged at a time when their work is most critical. In 2024, 146 individuals were killed or disappeared while defending their communities’ right to a sustainable environment, with Indigenous peoples, women, and Afro-descendant communities disproportionately affected. Protecting these defenders not only safeguards vulnerable populations but also ensures broader environmental and societal benefits.
Since its entry into force on April 22, 2021, the Escazú Agreement has been ratified by 18 countries, including Mexico, Colombia, Chile, and Argentina. Some countries have begun translating the treaty into operational tools, such as Mexico’s 2024 guide clarifying obligations under Article 9. These steps help authorities, civil society, and defenders understand their responsibilities and strengthen protections for environmental advocates.
The Open Society Foundations have supported civil society efforts around Escazú since 2016, amplifying the participation of Indigenous leaders, youth, and other vulnerable groups in the negotiating process. By linking environmental protection with human rights, democratic governance, and sustainable development, Escazú reflects Open Society’s broader commitment to social justice. The organization has announced a $2 million investment over four years to support the treaty’s implementation and strengthen related civil society and government initiatives.
Despite progress, nine countries in the region have yet to sign the treaty, and six signatories have not ratified it. Critics argue the agreement could hinder commercial interests or national sovereignty, while practical protections on the ground still lag. Effective implementation requires aligning national legislation, adequately resourcing public institutions, and ensuring defenders’ active participation in decision-making. Open Society urges bilateral and private donors to invest in Escazú, ensuring the treaty protects environmental defenders and empowers them to offer solutions to the ongoing climate crisis.
