Criminalisation of environmental defenders in Latin America. Standards for their protection since the Escazú Agreement

Abstract

Latin America is the most dangerous region in the world for environmental defenders, which is why the protection of these activists has become important in recent years. This work aims to analyse a crisis of systematic criminalisation against environmental defenders, who are legally and judicially persecuted for opposing extractive projects or defending their territories. This article analyses the phenomenon of criminalisation in three countries (Colombia, Mexico, and Honduras) through the lens of Article 9 of the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) and its 2024 Action Plan on Human Rights Defenders in Environmental Matters. Using a qualitative and comparative approach, it assesses the limitations and potential of the Agreement as a tool for effective protection. The study concludes that, whilst the Escazú Agreement is a pioneering normative advancement, its real impact remains limited due to political resistance, structural impunity, and the absence of coercive mechanisms. The existence of this regional instrument does not in itself guarantee the effective protection of environmental defenders. Its transformative potential will depend on its effective incorporation into national legal frameworks, the strengthening of monitoring and enforcement mechanisms, and the active participation of organised civil society. The articulation of international standards, strategic litigation, community participation, and political advocacy will be key to building a safe and enabling environment. The article proposes legal, institutional, and social recommendations to strengthen protection and ensure safe environments for those who defend the environment in the region.