A/HRC/43/54 34. On the positive side, the budgets of most environment ministries in Eastern Europe have increased, national environmental standards and targets have been set, access to information and levels of public participation in decision-making are improving, judiciaries are becoming more independent and environmentally aware, and training programmes are in place for civil servants, enforcement officials and judges. In recent decades, significant advances have been made in terms of access to information, public participation in environmental decision-making and access to justice. Constitutional provisions guaranteeing the right to a healthy environment and related procedural rights appear to be one of the driving forces behind this progress. 35. Participants highlighted the growing problem of intimidation against environmental human rights defenders. The efforts of civil society to realize the right to a healthy environment are often discouraged by legal and financial means. Strategic litigation against public participation suits are used by authorities and businesses to limit the legitimate exercise of the rights to freedom of expression and public participation, rights that are absolutely essential to securing and fulfilling the right to a healthy environment. 21 Academics have been sued for what they have said in academic conferences or published in articles. Environmental human rights defenders have been stigmatized by being labelled as “eco-terrorists”.22 D. Latin America and the Caribbean 36. Latin America is a global leader in recognizing the constitutional right to a healthy environment, while countries in the Caribbean are increasingly recognizing this right. The following are some of the key factors of the leadership of States and other actors in Latin America: (a) Constitutional reform, including the recognition of the right to a healthy environment, stronger provisions for judicial review, increased scope of judicial powers and the creation of institutions such as the public prosecution service and the office of the ombudsman with mandates to protect collective interests; (b) Shifting legal culture, with greater emphasis on public law, precedents and public interest litigation; (c) Strong civil society movements, including those initiated by environmental non-governmental organizations, some of which specialize in human rights and/or environmental law; (d) Increased legal mobilization as non-governmental organizations and networks of activist lawyers are advancing rights cases; (e) Improved access to justice often achieved through procedural innovations; (f) Influence of international norms, networks and institutions. 37. Participants stressed the difficulties in balancing economic growth and development as a barrier to realizing the right to a healthy environment in Latin America and the Caribbean, a barrier that is common to all regions. Governments everywhere frequently prioritize short-term development goals at the risk of infringing human rights and degrading the environment. 38. Parts of the region are weak in terms of implementing procedural environmental rights. There is limited access to information and participation in decision-making, especially for indigenous peoples and others who are economically and socially marginalized. This highlights the importance of the Escazú Agreement in improving 21 22 10 Center for International Environmental Law, “A win for advocacy: court dismisses SLAPP suit against environmental activists”, 24 January 2019. Available at www.ciel.org/court-dismisses-slappenvironmental-activists/. “The term eco-terrorist is being used to harass activists”. Available at www.protecttheprotest.org/ 2019/01/03/the-term-eco-terrorist-is-being-used-to-harass-activists/.