Basic information
The communication may request support for compliance or allege non-compliance with one or more provisions of the Agreement. Communications may be submitted by a Party in respect of itself, a Party in respect of another Party or members of the public.
A communication from a Party concerning itself shall be submitted by the national focal points designated by each Party. Communications of a Party concerning another Party shall be submitted by those persons who can demonstrate that they have the corresponding powers issued by the Head of State, Head of Government or Minister of Foreign Affairs of the State concerned. the corresponding powers of attorney issued by the Head of State, Head of Government or Minister of Foreign Affairs of the State concerned.
Members of the public shall be natural or juridical persons, and associations, organizations or groups constituted by such persons, who are nationals of or subject to the jurisdiction of a State Party. They may act alone or through a representative. Legal assistance is not required to submit a communication.
The essential elements that a communication must include are:
- The full name, address and contact details of the author or legal representative in the case of legal entities, including telephone number and e-mail address.
- The name of the State party to which the communication refers.
- In the case of members of the public: proof of nationality, residence or subjection to the national jurisdiction of the State party concerned and, if applicable, proof of representation.
- In the case of representatives of a Party: name of the State they represent and documentary evidence of representation
- The subject of communication
- The facts on which it is based and corroborative information in the communication
- The provision(s) of the Agreement in respect of which support is sought or non-compliance is claimed
- Provide evidence that the events to which the communication refers occurred after the date of entry into force of the Agreement for the Party concerned, unless those events occurred prior to that date and their effects continued after that date. the Party concerned, unless those facts are prior and their effects have continued after that date.
- Information on the steps taken in the State party concerned to resolve the case, or, failing that, an explanation for their absence.
- Information on whether the same matter is being or has been examined under another binding regional or international procedure.
- Whether the author objects to his or her identity or communication being disclosed to third parties and the reasons for such objection.
Please note that the Committee will not receive communications that:
- Concerning a State that is not a Party to the Agreement
- To be submitted less than one year after the entry into force of the Agreement for the State Party.
- That they have not been submitted in writing and in the required format
- Be anonymous
For more information please review the Rules of Procedure and the Committee Work Modalities
Process
Below is a brief account of the communications process. For more details please review the Rules of Procedure and the Committee Work Modalities
Transmission and reception of communications
Once the communication has been submitted, the Escazú Agreement Secretariat will acknowledge receipt and proceed to check that it is in the required format and that it has been properly completed. In the event that the communication does not contain the essential elements or is not in the required format, the author will be invited to resubmit the corrected communication or to provide clarifications or provide additional information within an appropriate period of time. Failure to receive the requested information will result in the rejection of the communication.
Communications log
Any communication containing the essential elements shall be included in the Repository and the author and the State Party concerned shall be notified through its focal points. The decision not to register a case will be communicated to the author, being final and unappealable. The author may submit a new communication.
Admissibility
The Secretariat shall forward the communications registered to the Committee for analysis and to determine which of them merit admission. The Committee will analyze the admissibility of communications on the basis of the criteria set forth in rule V.5 of the Rules of Composition and Working Procedures. Both the author and the State party concerned have the right to request the Committee to hear them at an admissibility hearing. Such a request shall be included in the original communication, together with the aspects justifying it. The Party concerned by the communication may also make a request for a hearing within six weeks of being notified of the registration of the communication. notified of the registration of the communication. The Committee shall decide on its necessity in accordance with the criteria set out in the Working Procedures. Until such time as it deliberates on the merits of the case, the Committee may review its decision on the admissibility of the case.
Comments from the interested party, other parties and members of the public
Once a communication has been declared admissible, the State party concerned shall be requested to reply in writing within four months of being notified of admissibility. The Committee may request the author to submit a reply to the State party's observations and the State party a rejoinder. Other States Parties and members of the public may submit written comments within two months from the date on which admissibility is declared, which they may do from the Repository section.
Substantive review
The Committee shall consider the merits of communications in the order in which they have been determined to be admissible, unless the Committee decides otherwise in view of the circumstances and the issues involved. Both the author and the State party concerned shall have the right to request a hearing on the merits. To do so, they must make their request within six weeks of being notified of the admissibility of the communication. The Committee shall decide on its necessity. The Committee may conduct a joint review with other cases, not examine the merits if the communication is identical to another, or terminate consideration of a communication when the reasons for its submission have ceased to exist. In examining the merits of communications submitted, the Committee may seek information directly and may request or accept information submitted by third parties that may be relevant to a proper determination of the communication.
Adoption of conclusions
The Committee shall adopt its preliminary conclusions, which shall be transmitted to the Party concerned and to the author, giving a period of two months for written comments. After this period, the Committee shall adopt its final conclusions.
Follow-up
The Committee will follow up on the implementation of the recommendations by the Party concerned, and after 6 months will request it to send a written response, including information on any measures it has taken. The Committee shall keep both the author of the communication and the State party periodically informed of the status of implementation of its conclusions and recommendations, and may propose any complementary measures it deems necessary to strengthen such implementation. Any relevant information in this regard shall be updated in the register of cases, which shall be accessible to the public in accordance with Rule X on membership.
Rapid response mechanism for risk situations involving members of the public presenting a communication.
In those cases in which situations of risk of possible attacks, threats or intimidation of members of the public who have submitted communications are detected, the Committee may adopt one or more measures for the priority attention of cases and appropriate protection measures in favor of members of the public established in the Working Modalities. priority attention to cases and appropriate protective measures for members of the public set out in the Working Arrangements.
Specific measures for individuals and groups in situations of vulnerability
Within the framework of the Rules of Composition and Modalities, the Committee shall ensure that individuals and groups in vulnerable situations are guided and assisted. It may, in turn, establish differentiated procedures aimed at balancing the asymmetries that may exist to balance the asymmetries that may exist in order to guarantee their rights, within the rules of due process and equality in the treatment of the parties to a case.
Amicable solution
At the request of either party, at any time between the receipt of a communication and the adoption of a decision on the merits, the Committee may make its good offices available to the parties with a view to reaching an amicable settlement of the matter, on the basis of respect for and good faith obligations under the Agreement. to reach an amicable settlement of the matter, on the basis of respect for and good faith compliance with the obligations set forth in the Agreement. The procedure for reaching an amicable settlement shall be conducted on the basis of the free and express consent of the parties.
