Interview with Dr. Michel Prieur in Chile

Catherine Blanche : Hello Michel, could you briefly introduce yourself and tell us why you were in Chile?

Michel Prieur : I’m an associate professor of law, specializing in environmental law, which I taught in Strasbourg and Limoges for 35 years. Retired for 20 years, I now run an international NGO of which I am founder and president: the International Centre of Comparative Environmental Law (CIDCE) (see www.cidce.org). This is a network of lawyers from all over the world who are experts in environmental law in their own countries. This NGO is the only one in France to specialize in environmental law and to have special consultative status with the United Nations in New York and with the United Nations Environment Programme (UNEP) in Nairobi (Kenya). As such, we are entitled to send reports, opinions and advice, and to take part in international environmental meetings such as the 1992 and 2012 Rio Conferences on the Environment and Sustainable Development. We can also take part in the Conferences of the Parties (COPs) of the major universal environmental conventions (biodiversity, climate, wetlands, etc.), as well as regional conventions such as the Escazú Convention. Our role is to represent civil society at these meetings, which are made up solely of States represented by their governments and/or environment ministers. We formulate opinions and proposals, both to inform other NGOs, who are not lawyers, and to influence governments. It’s a complex and thankless task, but one that reflects the progress of international environmental diplomacy. Since Rio 1992, this has demanded that representative groups of civil society have a voice and can participate in the elaboration of international decisions.

Catherine Blanche : What are the main objectives of the Escazú agreement?

Michel Prieur : The Escazú Convention, known as the “regional agreement”, was signed in 2018. It brings together 24 signatory states, of which only 16 have ratified it to date, i.e. for whom it is legally binding, out of a total of 33 states in Latin America and the Caribbean. It is called “Escazú” because it was approved by the states in the town of Escazú, a suburb of Costa Rica’s capital. It is intended to bring together all the states of Latin America and the Caribbean. It covers the right to information, public participation in decision-making and access to justice in environmental matters. It is the regional legal expression in a binding treaty of principle 10 of the 1992 Rio Declaration, which is not in itself legally binding. It is therefore an advance in international law with binding force. A similar treaty already existed at European level, approved in Aarhus (Netherlands) in 1998. The South American states could have joined the Aarhus Convention, but in 2012 they preferred to have their own treaty. The two treaties (Aarhus and Escazú) are very similar in content, having the same purpose. Escazú copied Aarhus, adding to it the advances in international law that occurred between 1998 and 2018. Furthermore, these two conventions were drawn up and are today managed by the UN. In fact, the technical support and secretariat for these two treaties each depend on a UN regional body created in 1948. Aarhus is attached to the United Nations Economic Commission for Europe, based in Geneva (Switzerland). Escazú is attached to the United Nations Economic Commission for Latin America and the Caribbean (ECLAC), based in Santiago (Chile).

The major legal and institutional innovation that reflects the new political will of the Latin American states most committed to the environment is that, for the first time in its history, the ECLAC in Santiago is to manage an international convention. What’s more, this is the first regional convention on the environment in Latin America, whereas Europe has around ten regional conventions and protocols on the environment independently of the European Union.

For a comparative analysis of Aarhus and Escazú, and comments on the content of Escazú, see the Spanish-language works to which the CIDCE has contributed[1]. Given CIDCE’s experience with Aarhus, CIDCE participated in the Escazú agreement negotiation meetings between 2015 and 2018 thanks to its members in Latin America (in particular members from Costa Rica, Brazil, Colombia, Mexico, Argentina and Chile). It was able to influence the drafters of the treaty by inserting for the first time in a treaty the principle of non-regression, according to which in environmental matters we must not go backwards or backward, but always more and better protect the environment. It was as a partner of ECLAC that CIDCE was present in Santiago for the Escazú COP 3.

Catherine Blanche : What were the objectives of the conference you attended?

Michel Prieur : The aim of the 3rd Conference of the Parties to the Escazú regional agreement was to set up the institutions and bodies that will enable the agreement to be applied. This led to the adoption of 6 resolutions, notably on the national application of the convention, the process for appointing the convention focal point in each state, and gender mainstreaming in the application of the convention. The most important resolution concerns the adoption of an action plan for the application of one of the most innovative articles, particularly in relation to the Aarhus Convention, concerning human rights defenders in environmental matters. It is in fact in Latin America that there is the highest number of murders of environmental activists defending their environment, particularly among indigenous populations. To ensure the smooth running of the convention, whose secretariat is entrusted to CEPAL, a standing committee of States is responsible for monitoring its application and preparing for the next COP in 2026. The Chairman of this Committee, representing the Parties, is an official from the Uruguayan Ministry of the Environment. He is Marcelo Coussilas, an environmental lawyer who chaired COP 3 and has been reappointed to chair COP 4.

Catherine Blanche : What were the main topics of discussion at the COP?

Michel Prieur : The opening of COP 3 was marked by a much-heralded speech by the President of the Republic of Chile, Gabriel Boric. Not all states were represented. A representative of the French Embassy in Chile was present at the opening. The audience was made up of NGO representatives from several Latin American and Caribbean countries. They were given the floor whenever they requested it. Discussions focused on political and human rights issues concerning environmental defenders, as well as on the importance of gender in the management of the convention, and on the field for environmental protection.

One of the most important subsidiary bodies set up by the Escazú Agreement is the Support Committee for Implementation and Compliance. This committee of 7 members, including 4 women, was elected by the States at COP 2 in 2022. They are independent individuals, mostly from NGOs. They have the weighty responsibility of examining communications sent either by States, or by individuals or NGOs, protesting against the violation of articles of the agreement. This is an essential tool for ensuring compliance with the convention. At their 3rd meeting in Santiago, they approved their rules of procedure, which set out the procedures to be followed. On April 25, CIDCE was given the opportunity to address the Committee. I took advantage of this opportunity to urge the Committee to include in its work plan the need to introduce legal indicators to better monitor progress or setbacks in the application of the Escazú Agreement. We are confident that, in the near future, our call for legal indicators as a new tool for effectiveness will be heeded. In fact, we took part in an event at COP 3, attended by the Uruguayan President himself, to promote these indicators. Before COP 3, the CIDCE had already tried to persuade States to adopt a resolution to set up legal indicators for monitoring the convention. Unfortunately, this was once again not approved.

Catherine Blanche : What are the challenges facing Latin American countries today?

Michel Prieur : The future of the Escazú agreement remains uncertain until more states have ratified it. We are still awaiting ratification by Brazil, Colombia and Costa Rica. The latter state, which gave its name to the agreement and was one of its most committed promoters during the diplomatic negotiations, is encountering resistance from business circles who are frightened by the legal tools that the agreement makes available to populations, both in terms of the obligation to participate in decision-making and the future recourse to the courts that companies fear. It’s up to politicians to dare to assume their responsibilities towards populations, in the face of the environmental emergencies affecting the planet, both in terms of biodiversity loss and the increased risks of climate disruption. Escazú is the legal and political tool that will enable us to meet these challenges, while guaranteeing human rights and the rule of environmental law.

[1] M.Prieur, G.Sozzo y A. Napoli, dir. Acuerdo de Escazu, hacia la democracia  ambiental en America Latina y el Caribe, Universidad nacional del Litoral, Argentina, 2020 ; M. Prieur y Jorge Atilio Franza, Acuerdo regional de escazu, enfoque internacio,nal , regional y nacional, Poder judicial de la ciudad de Buenos Aires, editorial Jusbaires, Bunos Aires, 2022 ;  Lina Munoz Avila y al. Y M. Prieur, Comentario al Acuerdo de Escazu sobre derechos ambientales en America Latina y el Caribe, Konrad Adenauer Stiftung, Bogota, 2023 ; Gloria Amparo Rodriguez, El acuerdo de Escazu como instrumento para fortalecer la democracia ambiental en Colombia, Foro nacional ambiental, Friedrich Ebert Stiftung, Bogota, 2024 ; Carlos de Miguel y jeannette Sanchez, Medio ambiente y desarrollo sostenible :desafios contemporeanos para la CEPAL y America Latina y el Caribe, Revista de la CEPAL, n° 141, diciembre de 2023 ;