Origin and Nature
The Implementation and Compliance Support Committee is a subsidiary body of the Conference of the Parties to the Escazú Agreement to promote implementation and support Parties in the implementation of the Agreement. It is a consultative, transparent, non-adversarial, non-judicial and non-punitive body. The Committee is composed of seven members elected by the Conference of the Parties, who serve in their personal capacity.
It is governed by its rules of composition and operation, adopted at the first meeting of the Conference of the Parties
Regulatory Framework
- Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean (Acuerdo de Escazú)
- Rules relating to the structure and functions of the Committee to Support Implementation and Compliance (Rules of Composition)
- Rules of procedure of the Conference of the Parties
- Modalities of work
Origin
The Escazu Agreement, adopted on March 4, 2018, establishes in Article 18 the Implementation and Compliance Support Committee as a subsidiary body of the Conference of the Parties ("Committee"), to promote implementation and support Parties in the implementation of the Agreement. Then, in the first meeting of the Conference of the Parties (COP1), held at ECLAC in April 2022, approved the Decision 1/3 by which the Rules of Composition were established.
In turn, the Rules of Composition mandated the Committee to develop its Working Modalities, which shall conform to these rules and ensure meaningful public participation from Annex 1 countries of the Agreement, as appropriate, and take into account national capacities and circumstances. The Working Modalities are intended to guide the management of the Committee as well as to articulate the details of its structure and operation. The Committee's Working Modalities were adopted at its third session, held at ECLAC headquarters on April 22, 2024.
Members
Structure and composition
The Committee is composed of seven members elected by the Conference of the Parties, who serve in their personal capacity. Members of the Committee must be of high moral character, with recognized competence in access rights or other matters covered by the Agreement, must be nationals or residents of countries in Annex I of the Agreement, and must be independent of the executive, legislative and judicial branches of government of such countries. Members are elected for four years and their term of office may be renewed for another four years. However, the terms of office of three of the members elected at the first election shall expire after six years, and they shall be chosen by lot. Further details on the nomination, election and other procedures are available in the Rules of Composition. The first members of the Committee were elected by Decision II/1 adopted at the second extraordinary meeting of the Conference of the Parties (COP2) held in Buenos Aires, Argentina in 2023, taking into account an equitable geographical distribution of its members, gender parity, and legal expertise and experience. The members of the Committee solemnly declared to perform their duties, in accordance with the Rules of Composition, on August 10, 2023, at ECLAC. Later, at the same venue, they held their first face-to-face session and the Committee elected by consensus Ms. Patricia Madrigal as Chair, and Mr. Andrés Napoli and Ms. Carole Stephens as Vice-Chairs.
Current members
| NAME | COUNTRY ELECTION | EXPIRATION OF OFFICE |
|---|---|---|
| Guillermo Acuña | Chile | 2023 / 2027 |
| Mariana Blengio | Uruguay | 2023 / 2027 |
| Rita Joseph-Olivetti | Grenada | 2023 / 2029 |
| Patricia Madrigal | Costa Rica | 2023 / 2029 |
| Andrés Napoli | Argentina | 2023 /2027 |
| Carole Stephens | Jamaica | 2023 / 2029 |
| Félix Wing | Panama | 2023 / 2027 |
Overview functions
The Committee has the following functions:
- Report to the Conference of the Parties on its activities, including the conclusions it adopts in cases of non-compliance.
- Provide support to the Conference of the Parties on the implementation and enforcement of the Agreement. This function shall include the following activities: - submitting to the Conference of the Parties a report on systemic issues related to the implementation and compliance with the Agreement. - To prepare a report on any aspect related to the implementation and fulfillment of the Agreement requested by the Conference of the Parties.
- Provide advice and assistance to the Parties on the implementation and enforcement of the Agreement. This function shall include the following activities:
- To develop motu proprio general comments on the interpretation of the Agreement
- May respond to queries on the interpretation of the Agreement from a Party or an elected representative of the public.
- Hold periodic consultations and dialogues with each Party. These consultations and dialogues may take place during the sessions of the Committee or during a visit to the territory of a Party. To visit the territory of a Party, the Committee shall have the consent of the Party. The Committee shall establish the periodicity of consultations and dialogue with each Party in its working modalities.
- You will be able to have an open dialogue with the Parties and members of the public.
- Examine communications requesting compliance support or alleging non-compliance with one or more provisions of the Agreement.
