71. The definition of the category “human rights defender” is broad and flexible due to the very nature of this activity. Thus, any person who engages in efforts to promote and defend a human right, and who self-identifies or is recognized by society as a defender, should be considered as such. This category obviously includes environmental defenders, also called environmental human rights defenders or human rights defenders in environmental matters. 72. The United Nations General Assembly has also issued a declaration on this matter, which states that “[e]veryone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels.”82 73. Furthermore, the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean (hereinafter the “Escazú Agreement”), which Chile recently signed,83 is the first international instrument to refer expressly to these defenders. The Escazú Agreement contains a general definition of environmental defenders based on the work they perform. It defines them as “persons, groups and organizations that promote and defend human rights in environmental matters.”84 74. Similarly, the report on the situation of human rights defenders, issued by the former United Nations Special Rapporteur on this subject, states that the term “environmental human rights defenders” refers to “individuals and groups who, in their personal or professional capacity and in a peaceful manner, strive to protect and promote human rights relating to the environment, in particular water, air, land, flora and fauna.”85 According to the report, environmental human rights defenders “are identified above all by what they do. They are characterized as such through their actions to protect environmental and land rights.”86 75. The Court also notes that several international instruments have mentioned the importance of the work carried out by environmental human rights defenders, the situation of vulnerability in which they may find themselves and the need to provide them with special protection. At the regional level, the General Assembly of the Organization of American States (hereinafter “OAS General Assembly”) has recognized and endorsed the work of human rights defenders and their valuable contribution to the promotion, respect and protection of fundamental rights and freedoms in the Americas. In this regard, the OAS General Assembly has urged the States to offer them the necessary guarantees and facilities to continue freely carrying out their work.87 In addition, the former UN Special Rapporteur on the situation of human rights defenders has warned that the States should “remain alert and protect defenders against intimidation, criminalization and violence, and diligently investigate, 82 Cf. UN, General Assembly, Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms. Doc. A/RES/53/144, March 8, 1999. 83 Chile became a State Party to the Escazú Agreement on June 13, 2022. Cf. Ministry of Foreign Relations of Chile, Decree 209 of July 6, 2022, available at: https://www.bcn.cl/leychile/navegar?idNorma=1183363&tipoVersion=0 84 Cf. The Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement), entered into force on April 22, 2021, Article 9(1). 85 Cf. United Nations, Report of the Special Rapporteur on the Situation of Human Rights Defenders, Michel Forst. Doc. A/71/281, August 3, 2016, para. 7. 86 Cf. United Nations, Report of the Special Rapporteur on the Situation of Human Rights Defenders, Michel Forst, supra, para. 8. 87 Cf. OAS General Assembly, Human Rights Defenders in the Americas: support for the individuals, groups and organizations of civil society working to promote and protect human rights in the Americas. Doc. AG/RES. 1671 (XXIX-O/99), June 7, 1999. 24

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