Access to environmental information. Access to information is a form of transparency, and depends fundamentally on the type of informa- tion desired and the technologies and resources available to collect it.28 The Agreement establishes basic obligations for the Parties to ensure that competent authorities29 and, in some cases, private entities, are required to make available information relating to the environment to the members of the public.
Access to environmental information. The Escazú Agreement sets a regional standard for access to environmental information for Latin American and Caribbean countries with procedural measures for the implementation of this right. Access to environmental information, the first “pillar” of access rights, requires competent authorities to disclose information in their possession, control and custody on request and to proactively publish certain types of environmental information. The substantive provisions related to access to information are found in articles 5 and 6. The terms “environmental information” and “competent authority” are defined in article 2, indicating the scope and types of information that may be requested in article 5, certain types of information that should be proactively disclosed in article 6 and the entities that have a duty to disclose information requested by the public. Access to environmental information is interconnected with the other access rights as it enables public participation in environmental decision-making and access to justice. People who are well-informed are able to engage meaningfully in environmental processes and to become knowledgeable about their rights and how to claim them. The disclosure of environmental information may also help people to enforce and protect other rights, including the right to a healthy environment, by creating a greater understanding of their rights and measures to obtain redress. The right of access to information stems from the principle that the public has a right to know how the governments they elect exercise power and spend public funds. Through access to information, the public is able to scrutinize the actions of the State and challenge mismanagement and corruption by increasing transparency and holding public authorities to account. As with all the provisions in the Escazú Agreement, the standard for access to information outlined in these provisions is a floor and not a ceiling and States may choose to include higher standards.
Access to environmental information. Pursuant to article 5 of the Escazu Agreement, public have the right to access environmental information in the possession, control or custody of the authority. To this effect, “environmental information” is understood as “any information that is written, visual, audio and electronic, or recorded in any other format, regarding the environment and its elements and natural resources, including information related to environmental risks, and any possible adverse impacts affecting or likely to affect the environment and health, as well as to environmental protection and management” (Escazu Agreement, article 2 section c). The Agreement sets forth that the exercise of this right is not conditioned, either to proving a legitimate interest or to mentioning any reason for the request. In addition, this right comprises the requested authority’s obligation to promptly2 inform whether the requested information is or is not under its possession, to the gratuitous delivery of the information and about the possibility to challenge and appeal requirements for exercising this right and the refusal to deliver the information. However, the Escazu Agreement does establish pre-requisites to exercise the latter right. Refusal to disclose environmental information The Agreement allows the refusal of information that falls under domestic legal regimes of exceptions or under 4 specific exceptions set forth in the Agreement where such a regime does not exist. Either case, the requested authority must notify the applicant, in writing, the legal provisions and reasons justifying its decision and inform of the right to challenge and appeal it.
Access to environmental information. 1 — Each Party shall ensure that, subject to the fol- lowing paragraphs of this article, public authorities, in response to a request for environmental information, make such information available to the public, within the framework of national legislation, including, where requested and subject to subparagraph b) below, copies of the actual documentation containing or comprising such information:
Access to environmental information. The Environmental Response Trust Books and Records held by the Settlor or the Reorganized Debtor, as applicable, shall be provided to the Environmental Response Trust. Such information shall be provided within [two] months of the Environmental Response Trust Effective Date.
