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Cadastre disaster

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Brazil’s Cerrado region, the most biodiverse savannah in the world, is home to the geraizeiros, a native population of mixed Afro-Indigenous and European descent. Since their arrival in western Bahia over 200 years ago, the geraizeiros have lived in small villages in the savannah lowlands (baixões) and the plateaus (chapadas), cultivating the land with care and respect.

However, because many geraizeiros lack official deeds to the lands they live and work on, companies have recently been able to expand into the region and kick them off of the land they have occupied for decades. These companies laid claim to vast swaths of uncultivated land in the Cerrado before converting the native vegetation to soy, corn, and cotton monocultures.

The Teachers Insurance and Annuity Association of America alone has acquired at least 800,000 acres of farmland in Brazil, primarily in the Cerrado region. These aggressive business practices have severely impacted the geraizeiros, leaving most of them displaced and disconnected from their ancestral lands.

“Sadly, the story of the geraizeiros is not unique: Native communities across South America have faced similar fates.”

In recent years, many countries in South America have been digitizing their land registries and establishing online databases that serve as birth certificates for rural properties.

While land registries are not inherently harmful, mega-agribusiness corporations such as Cargill and Archer-Daniels-Midland use these registries as well as georeferencing technologies to deceitfully obtain property deeds that deprive Indigenous communities of their ancestral lands. But by working with non-governmental organizations and increasing oversight, South American governments can curb this continued land theft.

Although digital registries are relatively new, the ethos underlying their exploitative use is not. During the colonial period, debates over land registration and ownership in South America were often at the forefront of violent conflicts between European colonizers and the Indigenous groups they displaced.

Since then, land-grabbers have capitalized on the general lack of centralized land registration systems and regulatory policies to claim ownership of community-owned lands without legal deeds.

In 2020, GRAIN, a small international non-profit organization supporting small farmers and community-controlled food systems, launched an investigation into how these new digital systems function. In its report, GRAIN argues that in several areas of rapid agribusiness expansion in South America, the digital system is “validating the historic process of land grabs.” Rather than recognizing the long-standing land claims of traditional communities, the report alleges, the system is expelling native communities from ancestral lands that they have occupied for decades or even centuries. Affected communities live in regions including the Llanos Orientales of Colombia, four states in the Brazilian Cerrado ecoregion, and three areas along the Paraná River.

Within each of these regions, landowners are required to register their land in what is formally known as a georeferenced cadastre—a supposedly exhaustive record of a given country’s property—if they wish to acquire the legal land deed, bank credits, and loans. Since the World Bank partially funds the cadastre process in many South American countries, georeferencing tools allow the international financial sector to play a decisive and expanding role in converting community-held rainforests and savannahs into agribusiness land.

In Brazil, for example, the World Bank shelled out $45.5 million for the digital registration of private rural properties in the country’s rural environmental cadastre, allowing it to generate income from investments in agroforestry systems.

Unsurprisingly, this outsourcing of power and authority has had dire consequences for many indigenous communities. The cadastre system inherently caters to the needs of large companies and private actors who want to register individually owned allotments of land.

The bureaucracy of cadastral documentation, coupled with the rigidity of the cadastral system’s definition of land ownership, makes it difficult for some native communities—who collectively occupy their land—to register their plots.

Cadastres’ early iterations fail to record land occupation by these communities, making them “illegal trespassers” on the property they work and live on. The new landowners can then use the official cadastre and georeferencing records to go to court and evict traditional communal owners. Condoned by the rampant corruption in rural municipalities and courts, this sequence is disturbingly common.

Although much of this problem stems from misuse of georeferencing technology, the issue calls for a political solution. Local and national governments must put agrarian reform and collective land ownership issues on their political agendas.

Governmental land use groups and agencies—the South American equivalents to the United States Bureau of Land Management—should allocate public lands to rural peoples in order to guarantee their collective territorial rights.

Digital georeferencing techniques for land demarcation can and must be backed up by traditional ground truthing surveys. And rather than taking prospective landowners’ claims at face value, governments must independently verify them via a centralized land registration system organized to resolve conflicts.

Even if the government does not act, there are still a number of ways to guarantee land rights for Indigenous communities and other rural peoples. In 2019, the International Land Coalition (ILC) published “ILC Toolkit #9: Effective Actions Against Land Grabbing,” describing several strategies that landowners and activists alike can use to combat the global land-grabbing phenomenon.

One of the primary ways the ILC encourages local groups to resist land-grabbing is through the development of community land registries, which allow landowners to register their customary land rights into a government cadastre and obtain formal land titles or certificates. This process helps integrate many indigenous peoples’ customary rights into the legal system and establishes proper land rights that help communities protect their lands.

The Higaonon, an indigenous tribe in the Mindanao region of the Philippines, has successfully implemented this practice and holds much of its land under customary tenure systems.

Still, the lack of clear boundaries between neighboring groups has led to many disputes. In response, the Higaonon applied for a Certificate of Ancestral Domain Title (CADT), a formal land ownership title. However, despite their efforts, the National Commission on Indigenous Peoples has only formally registered 50 CADTs, limiting their effectiveness in protecting indigenous land.

Traditional knowledge and production systems—existing sustainably on communally held land—protect natural resources and are vital for human survival. But the longevity and viability of these systems are being put at risk by the “digital land grab.” We must do everything in our power to stop it.

Source: Farmlandgrab

 

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Kenya: Court halts flagship carbon offset project used by Meta, Netflix and British Airways over unlawfully acquiring community land without consent

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“Landmark Court Ruling Delivers Devastating Blow To Flagship Carbon Offset Project”, Friday, 31 January 2025.

A keenly-watched legal ruling in Kenya has delivered a huge blow to a flagship carbon offset project used by Meta, Netflix, British Airways and other multinational corporations, which has long been under fire from Indigenous activists. The ruling, in a case brought by 165 members of affected communities, affirms that two of the biggest conservancies set up by the controversial Northern Rangelands Trust (NRT) have been established unconstitutionally and have no basis in law.

The court has also ordered that the heavily-armed NRT rangers – who have been accused of repeated, serious human rights abuses against the area’s Indigenous people – must leave these conservancies. One of the two conservancies involved in the case, known as Biliqo Bulesa, contributes about a fifth of the carbon credits involved in the highly contentious NRT project to sell carbon offsets to Western corporations. The ruling likely applies to around half the other conservancies involved in the carbon project too, as they are in the same legal position, even though they were not part of the lawsuit. This means that the whole project, from which NRT has made many millions of dollars already (the exact amount is not known as the organisation does not publish financial accounts), is now at risk.

The case was first filed in 2021, but judgment has only recently been delivered by the Isiolo Environment and Land Court. The legal issue at the heart of this case was identified in Survival International’s “Blood carbon” report, which also disputed the very basis of NRT’s carbon project: its claim that by controlling the activities of Indigenous pastoralists’ livestock, it increases the area’s vegetation and thus the amount of carbon stored in the soil.

The ruling is also the latest in a series of setbacks to the credibility of Verra, the main body used to verify carbon credit projects. Even though some of the participating conservancies in the NRT’s project lacked a clear legal basis and therefore could not ‘own’ or ‘transfer’ carbon credits to the NRT, the project was still validated and approved by Verra, and went through two verifications in their system. Complaints by Survival International prompted a review of the project in 2023, which also failed to address the problem.

Caroline Pearce, Director of Survival International, said today: “The judgement confirms what the communities have been saying for years – that they were not properly consulted about the creation of the conservancies, which have undermined their land rights. The NRT’s Western donors, like the EU, France and USAID, must now stop funding the organization, as they’ve been funding an operation which is now ruled to have been illegal…

The lawsuit accused NRT of establishing and running conservancies on unregistered community land, “without participation or involvement of the community,” including not obtaining free prior and informed consent before delineating and annexing community lands for private wildlife conservation.

The complaint reads, in part, “(NRT), with the help of the Rangers and the local administration, continue to use intimidation and coercion as well as threats upon the community leaders where the community leaders attempt to oppose any of their plans.” The case was brought by communities from two conservancies, Biliqo Bulesa Conservancy (which is in the NRT’s carbon project area and where 20% of the project’s carbon credits were generated) and Cherab Conservancy, which isn’t.

These two conservancies, the court has ruled, were illegally established. Permanent injunctions have been issued banning NRT and others from entering the area or operating their rangers or other agents there. The government has to get on with registering the community lands under the Community Land Act, and has to cancel the licences for NRT to operate in the respective areas. The NRT’s carbon offset project is reportedly the largest soil carbon capture project in the world.

Source: Business & Human Rights Resource Centre

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France: CSOs criticise French government’s call for “massive regulatory pause” on EU legislation, incl. CSRD and CSDDD

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“Corporate Sustainability Due Diligence Directive : France advocates for indefinite postponement, to the detriment of social and environemental justice,” 24 January 2025

According to a document made public by Politico and Mediapart, the French government, via the Minister of Economy Eric Lombard, intends to bring to Brussels an agenda of all-out deregulation which, in addition to suspending the application of the text “sine die”, would call into question entire sections of the Corporate Sustainability Due Diligence Directive. This irresponsible position risks precipitating the unravelling of a text necessary in the face of the climate and social crisis, a text that France nevertheless declares to have supported.

[…] The instrumentalization of the simplification of the law to weaken a directive is dangerous and unacceptable for European democracy.

According to the document published this morning in the press, France would request an indefinite postponement of the application of this directive, a significant increase in the application thresholds, or even the removal of the clause that would allow in the future to specifically regulate the activities of financial actors. These numerous modifications would lead to an exclusion of nearly 70% of the companies concerned, even though only 3,400 of the 32 million European companies (i.e. less than 0.1%) were covered under the previous thresholds according to the NGO SOMO.

In reality, as during the negotiation of the text, France is merely echoing the demands made by several employers’ organisations hostile to the duty of vigilance, including AFEP and Business Europe. In doing so, France is actively contributing to undoing the progress achieved by citizens in recent years.

For our organisations, human rights and environmental associations and trade unions, the position expressed by France is irresponsible and incomprehensible. Last week, more than 160 European associations and trade unions repeated their opposition to a questioning of European Sustainable Finance legislations.

We call on the President of the Republic Emmanuel Macron and the Bayrou Government to reconsider this position as soon as possible and to reiterate France’s support for the European duty of vigilance, for the other texts of the Green Deal which are vital for people, the climate and biodiversity, and for respecting their implementation timelines.

Source: Business & Human Rights Resource Centre

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New billion-dollar loans to fossil fuel companies from SEB, Nordea and Danske Bank.

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After thousands of protests, Swedbank has stopped lending to oil companies, as Handelsbanken has done before. But SEB, Danske Bank and Nordea continue to pump billions into the fossil fuel industry, despite the banks’ climate promises. This is shown by our and the Swedish Society for Nature’s New Review.

– The banks must stop financing the hunt for more fossil fuels, it completely undermines the climate transition. I don’t think Swedish bank customers appreciate their money were used in this way, says Jakob König, who heads the Fair Finance Guide.

60 new billions to fossil fuel companies

The New Report Banking on Thin Ice 3 shows that SEB, Nordea and Danske Bank, despite promises of climate responsibility, have given over SEK 60 billion in new loans to fossil fuel companies in the last two years. This is almost four times the Swedish government’s total climate and environmental budget for 2025. Almost SEK 22 billion has gone to companies drilling for new oil and gas discoveries. Expanding the extraction of fossil energy is contrary to the climate goals of the Paris Agreement.

“The banks have long responded to criticism by saying that they are helping the oil companies to adjust. But the companies are in the completely wrong direction by increasing their extraction instead of phasing it out. Now the banks must stop the loans just as Handelsbanken and Swedbank have done, says Karin Lexén, Secretary of the Swedish Society for Nature Conservation.

Funding oil exploration in the Arctic and Africa

The Swedish-financed oil hunt is ongoing in several parts of the world. Eight billion SEK has gone to companies looking for more oil discoveries in the Norwegian Arctic, where nature is particularly sensitive and species such as seals, dolphins and whales are threatened by extraction. Last year, Norway quadrupled the number of extraction licenses sold in the Arctic compared to the year before. A of majority the licensees were by purchased Norway’s Aker BP, which is also the oil company that has been the largest loan from Swedish banks, a total of seven billion SEK from SEB and Nordea.

The banks have also lent SEK 5.7 billion to companies drilling for oil in African countries. Extraction there is becoming all risky as companies seek ever greater depths to find new deposits. In Namibia, oil drilling at depths of up to 3,000 meters. Other countries where the Swedish-financed companies are active are Congo, Ghana, Nigeria and Aquatorial Guinea.

Swedbank stops oil loans

The report, however, shows that Swedbank has stopped lending to oil companies, just as Handelsbanken did two years ago. This is likely a result of the thousands of customer protests that our previous reviews have given rise to, as well as the motions that have been put forward at the banks’ general meetings. Swedbank and Handelsbanken are now among a small group of banks in the world that have stopped lending to oil companies.

– It is gratifying that another major Swedish bank has become an international role model when it comes to sustainable financing. Now more must follow suit and take responsibility, because there are still large fossil fuel companies that receive loans to continue operations that exacerbate the climate crisis, says Karin Lexén.

Original: fairfinanceguide-se

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