On August 28, 2024, the Colombian Constitutional Court issued its decision regarding the constitutionality of Law 2273 of 2022, which approves the Regional Agreement on Access to Information, Public Participation, and Access to Justice in Environmental Matters in Latin America and the Caribbean, commonly known as the Escazú Agreement.
This decision follows more than a year of review by the Constitutional Court, during which the Court initiated a probative period and ordered the convening of a public hearing. During the probative period, 73 citizen interventions, official statements, and technical opinions were submitted, either supporting or challenging the constitutionality of the Law.
At the public hearing, different authorities, experts, and invited guests presented their views on the Escazú Agreement, debating whether it respects the principles of legal certainty and national sovereignty.
The primary objectives of Law 2273 of 2022 are to: (i) ensure access to environmental information, (ii) promote public participation in environmental decision-making processes, (iii) guarantee access to justice in environmental matters, and (iv) protect human rights defenders in environmental issues.
The constitutionality of the law that approves the Agreement marks a significant milestone for Colombia. As stated in the law's objectives, its implementation aims to contribute to the protection of the right of current and future generations to live in a healthy environment and to sustainable development.
In this regard, the Ministry of Environment and Sustainable Development (MADS) announced that it is already advancing strategies aimed at promoting citizen participation and environmental governance within the framework of the Agreement's implementation. These strategies include the creation of: (i) an Interinstitutional Commission; and (ii) a social oversight program called “Alert for My Environment.”
This decision requires efforts not only from the public sector, in terms of regulation, but also in collaboration with the private sector and society as a whole to achieve its effective implementation.
The Environment and Sustainable Business team at Brigard Urrutia, in partnership with the Universidad del Rosario, has prepared legal guidance to help understand the implications of the Agreement and to develop a tailored roadmap for its implementation in projects, works, or activities that require environmental decision-making.
For more information about this service and how the Escazú Agreement could impact your activities, please contact to Margarita Solorza - msolorza@bu.com.co, or with any member of the Environment and Sustainable Business team for which you can consult their data in the following link