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Africa’s carbon deals and the hidden tenure challenge

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I. New pressure on land?

Observers marked 2023 as a “make-or-break” year for voluntary carbon markets and a key “ inflection point ” for their role in addressing climate change and global deforestation. Proponents highlight that forest carbon projects channel  much-needed funds  towards forest protection and are pivotal to climate change mitigation. On the other hand, critics emphasize that carbon deals set incentives for overcrediting. Moreover, carbon offsetting allows the biggest emitters to simply outsource their climate mitigation efforts with potentially  adverse impacts  for  affected communities .

The debate was fueled when several large-scale carbon offset projects were reported in Sub-Saharan Africa just before the UN Climate Change Conference COP 28 took place in Dubai in 2023. The sheer dimensions of the planned projects bring back memories of the last major wave of large-scale land deals in 2011 — notably, memories of evictions of local communities and Indigenous Peoples, loss of livelihoods and a lack of free, prior and informed consent (FPIC) practices.

2007/2008

The global financial crisis unleashed.

2010/2011

A major wave of land investments for food and biofuel production in across Africa and the Global South.

2022/2023

Seventeen years on, the pressure on land never eased with a  new wave of deals  related to carbon offsets, green hydrogen schemes, and other “green investments”

 Since 2015, fewer deals have been concluded due to factors like stricter land policies and declining support for biofuels. Based on Land Matrix data, the number of concluded and failed deals is under-reported in this illustration because deals with no information about the year of negotiation are excluded. On the other hand, intended deals are slightly over-reported, as some concluded deals with unknown dates are included as ‘intended.’ 

 Picture: Demonstrators at COP 25 in Madrid, December 2019, against carbon offsetting schemes, advocating for equitable climate solutions and rejecting market-based approaches.

In 2023, four land-sector organizations came together, with support from the European Commission, to strengthen the central role of data in securing equitable land rights for sustainable development, poverty eradication, peace and the protection of human rights. The  Land Data Partnership , which includes the  International Land Coalition , the  Land Portal Foundation , the  Land Matrix Initiative , and  Prindex , aims to improve the complementarity of global land data initiatives and to identify opportunities to hold key actors responsible.

Organisations collaborating in the Land Data Partnership

At first glance, carbon offsetting projects appear to be win-win-win deals for local communities, governments, and the environment, and a key strategy in mitigating climate change. Yet, if we look more closely the question arises: how much can communities benefit if they face insecure land rights and weak land governance systems?

This data story explores in detail the consequences of climate change mitigation for land tenure, and vice versa. Zooming into several case studies in East and West Africa, it highlights the dimensions of tenure security and how people-centered, inclusive and effective land governance systems can help manage the influx of carbon offset projects.

A group of women in Kenya’s Kasigau Corridor, supported by the REDD+ Project manager Wildlife Works, gathers to create sustainable crafts and strengthen their community livelihoods.

Civil society organizations, as well as policymakers, are concerned about the pressures exerted by large-scale carbon deals and the corresponding threats to the land rights of local populations. In this context, Kenya provides an important example. According to Land Matrix and LANDex data, conflicts were reported in 57% of all large-scale land acquisition deals in Kenya.

“The Mau is Kenya’s biggest forest. The Ogiek people are on the front line of a climate solution that is used to justify ongoing evictions and emission. In our view it’s clear that the interest shown by offsetting companies is prompting the Kenyan Government to assert its control.”

Justin Kendrick, Forest Peoples Programme

The recent rise of the voluntary carbon markets (VCM) for land-based carbon removal and avoidance to offset countries’ own emissions was commented on by prominent headlines, such as “the new scramble for Africa” and “carbon cowboys”. On the other hand, supporters emphasize that the voluntary mechanism has  begun to “mature”  and provides much needed funding for forest conservation in places where government support and protection failed.

Read full article: Africa’s carbon deals and the hidden tenure challenge

Source: storymaps.arcgis.com

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Witness Radio petitions chief prosecutor: Want 34 community land rights defenders and activists released from prison.

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By Witness Radio team.

In the Hoima District, Western Uganda, an urgent and immediate action is crucial to halt an ongoing land grab. The work of community land rights defenders, activists, and local leaders has unfortunately been criminalized, with thirty-four (34) people from Rwobunyonyi, Kirindasojo, and Kihohoro villages falsely accused and sent to different prisons in the Hoima district.

Criminal files No. CRB 330-2022 has Busobozi Patrick, Kaija Phillip Osborn, Mbabazi Isaya, Wembabazi Denis, Tumusiime David, and Abitegeka David charged with aggravated robbery, while the CRB 84-2023 file has Magezi Lawrence, Kaahwa Nelson Komugisa Junior, Mugenyi Vincent, and others on murder charges. The files have been established to gang the work of community defenders and activists.

According to sections 189 and 286 (2) of the Penal Code Act cap 120, both offenses carry the death penalty upon conviction.

As observed above, community land rights defenders, activists, and local leaders have been targeted since 2022. The number of targeted defenders keeps on growing. Sadly, those who have been remanded to prison are still waiting for their cases to be tried, which is tantamount to judicial harassment and persecution.

Witness Radio findings indicate that one Fred Kato Mugumba allegedly orchestrated the land grab. He is backed by officials from Hoima police, Hoima district Office of Director of Public Prosecution (ODPP), and judicial staff. Mugambe and his accomplices aim to evict over 500 small-scale farming families from their ancestral land.

If the land grab is successful, the community will suffer a devastating loss of 800 hectares of land used for food cultivation. This loss will lead to children dropping out of school, families breaking apart due to lack of resources, and a significant increase in food insecurity, hunger, poverty, and illiteracy levels in Uganda.

The affected communities have a deep-rooted connection to the land, having lived on it for over 50 years without disruption. The ongoing persecution by Mugamba and his agents is, therefore, particularly shocking and unjust.

The same land almost ended the life of Junior Lands Minister Sam Mayanja, who was targeted with gunshots when he visited the contested land on August 24, 2023, to protect land grab victims. The current situation highlights the urgent need for intervention from a powerful office.

Witness Radio has, among other interventions, petitioned the Director of Public Prosecutions (ODPP) and urged the Chief Prosecutor’s office to call the file from Hoima High Court.

The office of the DPP is a constitutional body mandated to direct police to investigate any information of a criminal nature, institute criminal proceedings against any person or authority in any court other than a court-martial, take over and continue any criminal proceedings instituted by any person or authority, and discontinue at any stage before judgment any criminal proceedings.

Uganda is experiencing an influx of land-based investments, which have fueled land-grabbing tendencies and criminalization of community land rights and environmental defenders and activists’ work.

In the petition, Witness Radio alleges that Fred Kato Mugamba fabricated these charges in collusion with John Angwadya, a former local council member and chairperson of one of the targeted villages, Rwabunyonyi, as part of a strategy to facilitate the unlawful eviction of the community from their land.

“It is deeply concerning that the accused remain in protracted detention despite the constitutional guarantee of a fair and speedy trial and right to liberty. This is a clear violation of defenders’ fundamental rights and raises serious concerns about the criminal justice system’s integrity in this matter. The prolonged delay in their trial and the apparent ulterior motive behind the charges necessitate immediate intervention to prevent the miscarriage of justice,” the petition reads in part.

Despite multiple attempts by the community to engage various stakeholders, including Hoima’s district leadership, the Hoima District Police, the State House Land Protection Unit, and the State Minister for Lands, Dr. Sam Mayanja, their efforts have been futile. Instead of finding justice, those who resist are met with criminal charges and continued evictions, leaving many families landless and helpless.

“The efforts of our clients and community individuals engaging the different offices are viewed as a threat to the evictors, hence fabricating different charges against the accused persons to pave the way for the land grabbers to occupy the land in the absence of the accused persons. It is evident that the pending charges of murder and aggravated robbery are being made as a tool to harass and deprive our clients and family members,” the petition further reads.

In the petition to the Director of Public Prosecutions (DPP), Witness Radio has called for an urgent review of the circumstances surrounding the arrests and prosecutions of the accused. Witness Radio is requesting the issuance of a Nolle Prosequi to quash the charges and the immediate release of the prisoners.

The organization also demands that the case be expedited to prevent further unwarranted deprivation of liberty and calls for an independent investigation into any potential abuses within the criminal justice system.

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The joint final review of the National Land Policy 2013, a significant and collaborative effort between the government and Civil society organizations, is underway.

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By Witness Radio team.

Under the leadership of the Ministry of Lands, Housing, and Urban Development (MLHUD), and in partnership with Civil Society Organizations (CSOs) led by Participatory Ecological Land Use Management (PELUM), a crucial final review of the National Land Policy (NLP) 2013 is taking place in Kampala.

The Consultative event is a unique and empowering opportunity for all land actors to actively contribute to shaping Uganda’s land governance framework. It seeks to engage CSOs in shaping reforms in the much-awaited National Land Policy, addressing pressing land-related concerns such as land grabbing, promoting equity in land access, and enhancing strategies for sustainable land management.

The land ministry is expected to present a revised 2024 draft of the basis for discussion and obtaining valuable input from land actors and PELUM Uganda members to boost the policy framework.

Uganda first adopted the National Land Policy in 2013 to ensure the efficient, equitable, and optimal utilization of land and land-based resources for national development. Grounded in principles drawn from the 1995 Constitution and other macro-policy frameworks such as Uganda Vision 2040 and the National Development Plan (NDP), the NLP has served as a comprehensive guideline for Uganda’s land ownership and management.

With a decade of implementation behind it, the Ministry of Lands, Housing, and Urban Development is now reviewing the policy to integrate emerging trends and challenges. This review is crucial as it will ensure the policy’s relevance in the evolving land governance landscape, directly impacting your daily lives. The consultation process underscores the government’s unwavering commitment to inclusive decision-making by involving civil society and key stakeholders in policy formulation, ensuring everyone’s voice is heard and valued.

The event will be broadcast live on Witness Radio. To listen live, download the Witness Radio App from the Play Store or visit our website, www.witnessradio.org.

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Businesses, banks and activists resist EC plans to strip back human rights legislation

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Today the European Commission introduced their ‘Omnibus simplification package’ to amend key laws of the EU Green Deal, including CSDDD, CSRD and Taxonomy. The package proposes significant changes, including the removal of civil liability provisions in the CSDDD and removing 80% of companies from scope in the CSRD.

The earlier announcement from the European Commission as well as the leaked draft to reform recently-agreed EU laws such as the CSDDD has already come under attack from businesses, expertsinvestors and activists alike.

The UN Global Compact and companies including Unilever, Vattenfall and Nestlé have also expressed their concern. Nestlé Europe’s Bart Vandewaetere said that it had “been reporting on [environmental impact and human rights issues in the supply chain] ourselves for years. European regulations mean that more companies have to start doing that. That creates a level playing field and we welcome that.”

Former president of Ireland Mary Robinson added: “Von der Leyen’s new Commission’s attempt to eviscerate these sustainability laws must not be agreed by the European Parliament and by the member states.”

The European Banking Federation warned that weakening the CSRD could create challenges for banks, echoing concerns from more than 160 investors who cautioned that the Omnibus package could harm investment and increase legal uncertainty.

CSOs such as the European Coalition for Corporate Justice (ECCJ)WWF and the Clean Clothes Campaign have also sharply criticised the proposal. The ECCJ writes the proposal is “not simplification, but full-scale deregulation designed to dismantle corporate accountability”.

Workers’ organisations and trade unions from garment-producing countries across Asia, Europe and Latin America also opposed the ‘Omnibus’ this week, highlighting the risk the proposal will “exclude most supply chain workers” including 49 million home workers.

Source: Business & Human Rights Resource Centre

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