Theresa Rodriguez-Moodie | Why hasn’t Jamaica ratified the Escazú agreement?

She stood before us – calm, composed, and brave. A young woman from an Indigenous tribe in Mexico, she told the story of being imprisoned for two years. Her crime? Defending her ancestral lands from powerful mining interests. She spoke with passion, her voice carrying the pain of being punished for trying to protect what should never have been under threat.

Her story, like so many others shared at the recently held Third Forum on Human Rights Defenders in Environmental Matters in Latin America and the Caribbean, was both heartbreaking and inspiring. We were over 200 strong – environmental defenders, journalists, lawyers, judges, civil society representatives – from over 30 countries across the region, gathered in St Kitts and Nevis. Each of us carried our own story, and everyone was shaped by the same invisible force: whether or not our countries respect and protect environmental defenders and the right to a healthy environment.

There were many stories about intimidation, harassment, arrest, even torture and murder. We risk so much because we believe protecting the environment is not optional—it’s essential. But in many countries in our region, including Jamaica, environmental defenders are often seen as obstacles to development, not as partners in building a better future.

So, who are environmental defenders? We are people – ordinary and extraordinary – who take action to protect the environment and the communities that depend on it. We may be community members protesting illegal mining, journalists exposing environmental crimes, or NGOs challenging unsustainable projects. Environmental defenders are not defined by job titles, but by our commitment to ensuring the right to a healthy environment. Something which is a basic human right and a constitutional right in Jamaica’s Charter of Fundamental Rights and Freedoms.

LEGALLY BINDING TREATY

This is where the Escazú agreement comes in. It is the first legally binding treaty in the world that specifically protects the rights of environmental defenders in Latin America and the Caribbean. It also guarantees the public’s right to environmental information, meaningful participation in decision-making, and access to justice. It’s a powerful tool in one of the world’s most dangerous regions to be an environmental defender.

Jamaica signed the Escazú agreement in 2019, and we were proud to be part of the negotiations that shaped it. But since then, the momentum has faded. The agreement remains unratified. Does the Government of Jamaica not want stronger environmental rights, transparency, and good governance?

The Jamaica Environment Trust (JET) has written to the Ministry of Economic Growth and Job Creation (MEGJC) several times since August 2024 to ask what is needed to ratify the Agreement. More recently, we wrote directly to the Minister with responsibility for Water, Environment, Climate Change, and the Blue & Green Economies under MEGJC. To date, we have received no meaningful response. Based on information shared in the media recently, however, there appears to be concern about obligations under the Escazú agreement as it relates to Jamaica’s Access to Information (ATI) Act – specifically, that the Escazú agreement allows up to 30 business days to respond to a request, with an extension of no more than 10 additional business days, whereas Jamaica’s ATI Act allows 30 calendar days and a further 30 calendar days for an extension. When converted, the timeline under the Escazú Agreement is only slightly shorter than the total period allowed under the ATI Act.

BUILD AWARENESS

At JET, we are now working on a project – supported by the UNDP implemented Global Environment Facility Small Grants Programme – to build awareness of the Escazú agreement and ultimately to petition for Jamaica’s government to ratify the Agreement.

Ratification would require the Government of Jamaica to bring the Agreement before Parliament and begin implementing the agreement. Other Caribbean countries – Antigua and Barbuda, Belize, Dominica, Guyana, St Lucia, St Kitts and Nevis, St Vincent and the Grenadines – have already ratified and are now working on implementation.

We know the Escazú Agreement won’t solve all our problems overnight. But it is a step in the right direction – a concrete move toward transparency, accountability, and stronger protections for those on the frontlines of environmental justice.

Jamaica talks about climate justice and environmental protection on the global stage. But when it comes to taking real action at home – especially action that would empower citizens to hold decision-makers accountable – we stall.

To ensure the necessary policies and protection mechanisms are in place, especially to protect those who are committed to protecting our environment, we fully support the Government of Jamaica in ratifying the Escazú agreement. We look forward to working with the government as this has now become a matter of urgency.

Theresa Rodriguez-Moodie is an environmental scientist and chief executive officer of the Jamaica Environment Trust. Send feedback to columns@gleanerjm.com.