Through the Declaration on the application of Principle 10 of the Rio Declaration on Environment and Development* (A/CONF.216/13), signed at Rio+20, countries committed to develop and implement a “Plan of Action” to work towards a regional instrument for the rights of access to information, participation and justice in environmental matters in Latin America and the Caribbean. The Economic Commission for Latin America and the Caribbean (ECLAC) functions as technical secretariat of this process. Thus far, the Declaration has been signed by 19 countries: Argentina, , Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Jamaica, Mexico, Panama, Paraguay, Peru, Plurinational State of Bolivia St. Vincent and the Grenadines, Trinidad and Tobago and Uruguay.

At the Fourth Meeting of the Focal Points, held in November 2014 at ECLAC headquarters, delegates agreed to initiate negotiations on a regional agreement with a view to concluding negotiations by December 2016. A negotiation committee was created, consisting of representatives from the signatory countries, with mechanisms that will ensure participation by the public in the negotiating process. Negotiations will be coordinated by the Presiding Officers, comprising Chile and Costa Rica as co-chairs and Argentina, Mexico, Peru, Saint Vincent and the Grenadines and Trinidad and Tobago.

A regional instrument of this nature would favour the implementation of Principle 10 of the Rio Declaration (UNCED, 1992) by consolidating the advances in terms of rights of access to information, participation and justice in environmental matters at the national level as State policy, ensuring they transcend political cycles. It would also open opportunities for intraregional cooperation. Countries participating in the process have defined the following values and principles that will inspire and guide the regional instrument: equality, inclusion, transparency, proactivity, collaboration, progressive realization and non-regression. The contents that will form the basis of the negotiation process are contained in the "Contents of San José", a document drafted in the working group meetings on the instrument held in Costa Rica in September, 2014 and adopted by signatory countries at their fourth meeting.

The importance of the process was acknowledged in the outcome documents of the First Summit of the Community of Latin American and Caribbean States (CELAC) and the CELAC-EU summit, both held in 2013, at the Forum of Ministers of Environment of Latin America and the Caribbean (March 2014), and at the Thirty-Fifth session of ECLAC, where delegates adopted a resolution on Principle 10 in Latin America and the Caribbean (May 2014). In June 2014, the first United Nations Environmental Assembly (UNEA) took note of the Declaration and of the progress made so far in this process through Resolution UNEP/EA.1/L.13, on the Implementation of Principle 10 of the Rio Declaration on Environment and Development.

*Principle 10 states: "Environmental issues are best handled with participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided."

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In support of Rio+20 outcome paragraph 43 - We underscore that broad public participation and access to information and judicial and administrative proceedings are essential to the promotion of sustainable development. Sustainable development requires the meaningful involvement and active participation of regional, national and subnational legislatures and judiciaries, and all major groups: women, children and youth, indigenous peoples, non-governmental organizations, local authorities, workers and trade unions, business and industry, the scientific and technological community, and farmers, as well as other stakeholders, including local communities, volunteer groups and foundations, migrants and families as well as older persons and persons with disabilities. In this regard, we agree to work more closely with the major groups and other stakeholders and encourage their active participation, as appropriate, in processes that contribute to decision-making, planning and implementation of policies and programmes for sustainable development at all levels.

In support of Rio+20 outcome paragraph 44 - We acknowledge the role of civil society and the importance of enabling all members of civil society to be actively engaged in sustainable development. We recognize that improved participation of civil society depends upon, inter alia, strengthening access to information and building civil society capacity and an enabling environment. We recognize that information and communications technology is facilitating the flow of information between governments and the public. In this regard, it is essential to work towards improved access to information and communications technology, especially broadband networks and services, and bridge the digital divide, recognizing the contribution of international cooperation in this regard.