In 2018, 22 countries from Latin America and the Caribbean reached a historical milestone in environmental democracy by signing the Escazu Agreement. In 2020, 20 countries have ratified the treaty and one more ratification is missing to make this a reality. 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) is uniquely positioned to convene stakeholders and advance the principles of access to information, participation 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, as the Escazu Agreement advocates for. Synergies between the two initiatives are the key to implement the Escazu Agreement for three main reasons:

1. Citizens are at the heart of democracy

Both OGP and the Escazu Agreement are based on the premise that the active participation of multiple stakeholders in decision-making processes is a cornerstone of strong democracies and of their ability to achieve governability and social peace. This is increasingly important in a context where these pillars are jeopardized by populism, social inequity and environmental degradation.

2. Multilateralism strengthens collaboration

Both initiatives (a global, voluntary initiative, and a regional, binding treaty) deeply believe in and practice multilateralism and understand that addressing the complex challenges that countries are facing collaboratively and collectively will bring about better results than by promoting solely national-level dialogue.

3. Focus on implementation

Both seek the effective implementation of 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, 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 accountability, with the ultimate goal to ensure that people have the opportunity to exercise these rights.

These synergies represent a unique opportunity for countries in the region to leverage the OGP structure to identify context-specific challenges and therefore implement the Agreement.

Challenges

An ongoing research project conducted by The Access Initiative and the World Resources Institute highlights that citizens, especially the most vulnerable groups, face barriers to exercise their rights to information, participation and justice, including technical language, poverty, insufficient and inefficient participation mechanisms, difficulty accessing information, among others.

It also shows that there is no direct relation between legal frameworks and the effective implementation of these rights. Some norms establish sound standards, but fail to be implemented; some norms set low standards but can be easily ignored by future governments, as they are voluntary. Therefore, citizens cannot fully exercise these rights.

Opportunities

Today, the 33 countries of Latin America and the Caribbean have the opportunity of being a party to the Agreement. To date, 10 countries have ratified the agreement, including four OGP member countries. Eleven ratifications are needed for the Agreement to enter into force, and OGP represents an opportunity to promote its ratification.

The Escazu Agreement must be seen as a tool to address all environmental matters, from local recycling programs to participation in the drafting of Climate Change Acts. It can be used as a benchmark to strengthen the development and implementation of environmental democracy commitments of the OGP process. For instance, as part of its OGP action plan, Uruguay developed its National Water Plan through a transparent inter-governmental process, with meaningful participation from multiple groups. They also implemented a campaign to raise awareness and build capacities around the use and care for water. The IRM highlighted that the participatory nature of this plan was key to the potential impact in water management. However, it recommended broadening the scope of participation. Taking the Agreement as a benchmark, the commitmentOGP commitments are promises for reform co-created by governments and civil society and submitted as part of an action plan. Commitments typically include a description of the problem, concrete action... could have benefited from the inclusionOGP participating governments are working to create governments that truly serve all people. Commitments in this area may address persons with disabilities, women and girls, lesbian, gay, bisexual, tr... More of vulnerable groups and by incorporating a long-term vision and strategic engagement with key stakeholders.

Finally, OGP is a key platform to coordinate and foster the implementation of the Agreement, and broaden its reach. In its OGP action planAction plans are at the core of a government’s participation in OGP. They are the product of a co-creation process in which government and civil society jointly develop commitments to open governmen..., Ecuador proposed a strategy to implement the Escazu Agreement, becoming one of the first to conduct a political, legal, and institutional analysis to define potential gaps in the Agreement, and later on proposed a governance model to define how the different stakeholders will work together to support its implementation. The IRM recommended clarifying the role of the observatory in terms of monitoring of information published under the Agreement and its ability to influence the implementation of the Agreement through early warning systems.

There are clear synergies between OGP and the Escazu Agreement, and the region is committed to advance sustainable development and environmental affairs (with over 20 commitments included in the two latest action plan cycles). With one more country to ratify the Agreement before being able to host the first Conference of the Parties, now is the time for the OGP community, governments and civil society to leverage the opportunity and face challenges related to access, participation and justice in environmental matters in Latin America and the Caribbean.