The Dialogue of Knowledge in the Escazú Agreement: Towards Environmental Damage Reparation with a Biocultural Perspective and Natural Rights

Abstract

The Escazú Agreement (2018), in force since 2021, strengthens environmental justice in Latin America and the Caribbean by guaranteeing access to information, public participation, and justice, with a particular focus on the rights of indigenous peoples. This essay analyzes the integration of ancestral knowledge into administrative procedures and culturally sensitive in natura reparations, using a doctrinal, documentary, and comparative approach. Based on the events of 2024 and 2025 — including the ratification of the Agreement in Colombia, the adoption of the Action Plan on Defenders at COP3, and the paradigmatic Judgment T-106/25 of the Constitutional Court of Colombia — it is argued that the treaty catalyzes a biocultural turn towards more pluralistic environmental governance. In a context where violence against environmental defenders persists, the analysis highlights mechanisms such as Free, Prior and Informed Consent (FPIC) and the emerging concept of biocultural rights. From a natural law perspective, it is argued that the protection of indigenous knowledge is a natural right derived from human dignity and the moral duty to preserve harmony with creation. Despite progress, significant challenges persist, such as structural impunity and non-ratification in key countries. In response, recommendations are proposed including legislative reforms with a biocultural approach, training in knowledge dialogue, and an ethical commitment to integral ecology. Ultimately, the Escazú Agreement has the potential to transform environmental governance by promoting a form of justice that integrates ancestral knowledge as a pillar of regional sustainability.