Can a treaty stop rights activists being killed?

Atreaty aimed at protecting activists in Latin America could be a “life-saving” watershed in a region where scores are murdered each year, but the pact’s success will depend on the commitment of governments and big business, say rights advocates.

Nicaraguan activist Lottie Cunningham, who described the Escazu treaty as “extremely important”, has come to expect death threats and online abuse as she fights mining and agriculture projects on indigenous land in the Central American country.

“We have suffered intimidation, harassment and death threats defending indigenous rights, and mother earth and its natural resources,” said Ms Cunningham, an indigenous lawyer. “It’s virtual warfare. ‘War means blood’ was one of the messages I received on Facebook,” said Ms Cunningham, who heads the Center for Justice and Human Rights of the Atlantic coast of Nicaragua.

Such aggression towards activists often goes beyond threats: nearly 300 rights activists are estimated to have been killed in Latin America and the Caribbean last year. But in the world’s deadliest region for campaigners like Ms Cunningham, the Escazu agreement is raising hopes among some that they will be better protected, and see the perpetrators of crimes brought to justice.

The accord, which comes into force on April 22, has been signed by 24 of the region’s 33 countries, so far, and formally ratified by 12. Nicaragua is among the dozen nations that have agreed to make it legally binding.

Beyond the treaty’s safeguards for activists, Ms Cunningham said she hoped it would allow “the effective participation” of indigenous people in decisions about permits and concessions to companies such as mining firms and cattle ranchers.

The treaty also obligates countries to ensure activists can access public information on environmental cases and issues.

‘GROUNDBREAKING’

David Boyd, the United Nation’s special rapporteur on human rights and the environment, said the “groundbreaking” treaty could be “a life-saving game changer”.

“It is the first treaty in the world that includes specific obligations on governments to protect environmental and human rights defenders,” he said.

“Globally some Latin American countries have been hotspots of violence against environmental and human right defenders, and this treaty is directly intended to address that by raising the bar and creating obligations on governments.”

It could push countries to tighten their own laws to ensure crimes against environmentalists, which too often go unpunished, are investigated and perpetrators prosecuted, Mr Boyd added.

The agreement comes into effect at a time when attacks against activists are rising in some Latin American countries. In the Americas last year, 284 human rights defenders were killed, accounting for 86% of the global tally, according to data published this month by campaign group Front Line Defenders.

Colombia, which has signed the Escazu treaty, was the deadliest country for land rights activists and environmentalists last year, according to a 2020 report by advocacy group Global Witness. It found 64 land rights activists were killed in Colombia last year — up from 25 in 2018 — the highest level Global Witness has ever recorded in the country.

Honduras, which has not yet signed the Escazu pact, is another hotspot for violence — in one attack last December masked men with guns and machetes gunned down an environmentalist activist in front of his family.

ZERO TOLERANCE

The treaty orders countries to set up bodies to monitor, report and ensure new rules are adhered to, and specifies the rights of environmentalists, including their right to freedom of expression, free movement and peaceful assembly.

Mr Boyd said much of the conflict that places environmentalists in danger was driven by disagreements over projects led by extractive industries and failing to consult communities about what happens on their land. For the treaty to work in practice, governments and companies must recognise the right of indigenous people to decide what happens on their lands and to be property informed and consulted about projects to stem violence. “That straightforward step would actually prevent a lot of the conflicts that are leading to peoples’ lives being placed in jeopardy,” he said.

Government commitment to ensure adequate resources and changes in corporate values will also be key, said Marina Comandulli, campaigner at advocacy group Global Witness. “[It will only work] if it is properly funded, if every country in the region commits to implementing it, and if big companies start putting people and planet first,” she said. “Defenders are routinely threatened, criminalised and killed in Latin America and the Caribbean. Often, that violence is linked to corporate activity, and governments have been complicit in perpetrating it.”

‘‘ ‘War means blood’ was one of the messages I received on Facebook. LOTTIE CUNNINGHAM INDIGENOUS LAWYER