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CSOs call for meaningful changes in the World Bank’s Dispute Resolution Service to foster access to justice for project-affected communities.

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By Witness Radio team

In a critical evaluation of the World Bank’s Dispute Resolution Service (DRS) performance, five Civil society organizations (CSOs) from around the world such as Witness Radio Uganda, supported by 12 other CSOs, have highlighted significant flaws in the current system, calling for urgent reforms to help better communities affected by World Bank-funded projects.

This demand comes on the heels of the External Review Team (ERT) recommendations aimed at strengthening the World Bank’s Accountability Mechanism (IAM), which includes the Inspection Panel and the DRS.

According to the World Bank’s website, the World Bank Board of Executive Directors (the Board) commissioned an External Review of the 2018 and 2020 Reforms to the Inspection Panel Toolkit and the Creation of the World Bank Accountability Mechanism. In January 2024, the Board approved the terms of reference (TOR) for the External Review and appointed an independent External Review Team (ERT) to conduct this review.

Last month, the External Review Team produced an independent external Draft Report and Recommendations and sought written feedback on the report from interested external stakeholders.

The CSOs such as Witness Radio, Accountability Counsel, Bank Information Center, Lawyer’s Association for the Human Rights of Nepal’s Indigenous Peoples (LAHURNIP), and Oakland Institute have acted as advisors of communities facing unjust evictions and human rights violations by projects that are funded by the World Bank.

Since the inception of the Dispute Resolution function in 2021, three Dispute Resolution processes have been completed, and one is ongoing. Several communities affected by Bank-funded projects have often complained about how their cases are handled under the DRS. Concerns include the limited time allocated, power imbalances, and other issues, which have prompted the Bank to review the compliance of the DRS system.

Witness Radio and the Accountability Counsel advised a Kawaala community in Uganda on the Second Kampala Institutional and Infrastructure Development Project (KIIDP-2), Lawyer’s Association for the Human Rights of Nepal’s Indigenous Peoples (LAHURNIP) advised the community of Nepal affected by Nepal-India Electricity Transmission and Trade Project and its Additional Financing, the Oakland Institute advised the Tanzanian community of Mbarali District Resilient Natural Resource Management for Tourism and Growth (REGROW) and Santa Cruz Road Corridor Connector Project in Bolivia where Bank Information Center acted as advisors.

In a statement to the External Review Team, the CSOs, which have been instrumental in assisting communities to use the Independent Accountability Mechanisms (IAMs), have stressed the need for meaningful changes to the DRS to ensure that it respects community agency and effectively resolves grievances addressed.

In their analysis, the CSOs acknowledged certain points raised in the ERT’s report based on their experiences with the case-handling process. Some of the praised recommendations by the CSO include extending the dispute resolution period from 18 to 20 months, offering the DR to the requesters only, and a full substantive conclusion report after the DRS concludes monitoring, among others.  However, they (CSOS) noted that some gaps in the ERT report remain unaddressed prompting them to offer additional recommendations.

For instance, the CSOs also highlighted the worsening of power imbalances during the dispute resolution process. In cases from Nepal and Uganda, mediators often favored government timelines and directives, undermining the community’s voice.

“To address these issues, the DRS should implement stronger measures to manage power imbalances. This includes continuous consultations with communities, ensuring their concerns and timelines are met. Additionally, mediators should be empowered to take a firmer stance when necessary to prevent one party from dominating the process. The DRS should ensure that no single party can unilaterally determine the scope or direction of a dispute resolution meeting, and mediators should be trained to recognize and mitigate power imbalances actively” the statement reads in part.

Further, dispute resolution processes have sometimes deepened community conflicts rather than resolving them. In Uganda, for instance, the continuation of the DRS process despite the elected representatives’ agreement to terminate it worsened the situation, and in Nepal, the exclusion of certain community members from agreements has led to increased tensions thus, CSOs call for protocols that allow for partial agreement (s) and the option to transfer unresolved issues to the Inspection Panel.

Transparency of DR agreement is another area where the DRS falls short compared to other IAMs. The CSOs urge for clearer reporting on the issues agreed upon and those that are not and for a fair process in deciding the confidentiality of agreements. Additionally, active monitoring of the implementation of the agreement (s) is crucial. The CSOs call for interim monitoring reports to ensure transparency and accountability.

The CSOs have also identified several other issues needing attention in the 24-month review of the DRS, including the selection of mediators, the development of framework agreements, the role of representatives and advisors, communication with parties, and the impacts on local judicial processes.

Read the full statement here. Reflecting on Shortcomings of the World Bank’s Dispute Resolution Service

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Govt sues 41 people for shunning sh711m EACOP compensation

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The East Africa Crude Oil Pipeline Affected Persons (PAPs) from Lwengo, Kyotera and Rakai districts at Masaka High Court where they were summoned over a compesation case.  The case is set for hearing on September 16 before Masaka resident judge, Justice Lawrence Tweyanze. (Credit: Dismus Buregyeya)

Prior. the Government also wants court to ensure vacant possession of 41 people on the said EACOP land and demanded demolition and eviction orders against them, among others.

MASAKA – A total of 41 people affected by the East Africa Crude Oil Pipeline Program (EACOP) from Lwengo, Kyotera and Rakai districts have been dragged to court for allegedly shunning sh711m compensation allocation for them to pave way for the project implementation.

Earlier Wednesday (September 11), Masaka High Court was jammed with 41 Project Affected Persons (PAPs) accompanied by their families, relatives friends and others from Non-Government Organisations.

The case was adjourned to September 16, 2024, by High Court Deputy Registrar Justice Roy Karungi after the trial Judge, Justice Lawrence Tweyanze was reportedly on leave.
Court heard that Justice Tweyanze had been recalled from his leave to handle the case on September 16.

The Masaka Senior State Attorney Imelda Adong who represented the Attorney General said the state is ready to proceed with the case on Monday, informing the court that the Government of Uganda had filed a case against 41 landowners whose land was compulsorily acquired for the East Africa Crude Oil Pipeline in Lwengo, Kyotera and  Rakai districts.

The government wants to be allowed to deposit the said EACOP Project Affected Persons’ (PAPs) compensation in court.

However, the PAPs rejected the said compensation (sh177m), citing low pay rates,  absentee landlords and disputes on their respective lands.

Prior. the Government also wants court to ensure vacant possession of 41 people on the said EACOP land and demanded demolition and eviction orders against them, among others.

Counsel Peter Arinaitwe who represents the PAPS said some of them had unresolved objection challenges pending the Administrator General Office since 2018 while others were still grappling with evaluation rates for their land.

He said the rights of the affected persons must be respected especially against evictions and displacement without consent.

Three legal firms including Counsel Jude Mbabali are offering free legal services to the 41 Project Affected Persons.

Source: New Vision.

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AGRA’s Silent Takeover: The Hidden Impact on Africa’s Agricultural Policies.

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By Witness Radio Team.

An investigative report commissioned by the Alliance for Food Sovereignty in Africa (AFSA) has revealed the concerning extent to which the Alliance for a Green Revolution in Africa (AGRA) is leveraging its significant influence to shape local, national, and continental agricultural policies across Africa raising serious questions about the future of the continent’s agriculture.

The briefing paper, “Pulling Back the Veil: AGRA’s Influence on Africa’s Agricultural Policies,” exposes how AGRA strategically uses its financial power to embed consultants within government institutions to entrench industrial agricultural models. Though marketed as advancements, these models often harm smallholder farmers and sustainable farming practices.

Initially aiming for its grassroots efforts to double farmer productivity and halve food insecurity, AGRA has recently shifted its focus. Following a donor-commissioned 2022 evaluation highlighting AGRA’s failure to meet its ambitious goals, the Gates Foundation-funded organization pivoted from direct interventions with farmers to influencing government policies.

According to the briefing paper, this new strategy involves placing external consultants within African government offices to steer policy development. AGRA’s efforts frequently promote the adoption of hybrid and genetically modified seeds, increased use of chemical fertilizers, and greater private sector involvement in agriculture.

While some African governments may welcome the support, there is growing concern that AGRA’s influence could undermine local policy initiatives, replacing homegrown solutions with external agendas.

AFSA’s investigation highlights AGRA’s policy interventions in countries like Kenya and Zambia, where its influence is pronounced. AGRA’s impact is evident at every level, local, national, and continental, shaping agricultural policies that often prioritize corporate interests over the needs of smallholder farmers.

The consequences of AGRA’s involvement are evident in its 13 focus countries, where its promotion of seeds and fertilizers still needs to deliver the promised productivity revolution, leading to increased deprivation. A recent report by the African Centre for Biodiversity (ACB) highlights the collapse of Zambia’s food system as a direct result of AGRA’s harmful interference.

At the continental level, AGRA’s involvement in critical African Union (AU) initiatives, such as the Fertilizer and Soil Health Summit, has significantly influenced African agricultural policy, particularly in shaping the direction of fertilizer policy for the next decade. However, AFSA, which also participated in the summit, advocated for funding and support for biofertilizers made from local materials, starkly contrasting AGRA’s approach.

AGRA’s role in the Post-Malabo process, which aims to define Africa’s agricultural policy for the next ten years, is particularly troubling. Critics argue that AGRA’s focus on synthetic fertilizers and corporate-led agendas threatens to marginalize indigenous knowledge and sustainable agricultural practices.

AFSA’s Million Belay aptly says, “They represent an attack on African food sovereignty.” Despite resistance from African farmers and civil society organizations, AGRA’s fingerprints are all over Africa’s agricultural policies. The inclusion of biotechnology in the draft Kampala Declaration, set for approval in January 2025, has sparked fears of increased dependence on multinational corporations for seeds and farming inputs. AGRA’s influence in regional policymaking, especially in harmonizing seed trade regulations, further illustrates its strategic positioning within African institutions.

AGRA’s involvement in developing Zambia’s National Agriculture Investment Plan (NAIP II) exemplifies its undue influence. Initially seen as a democratic and inclusive process involving a broad range of stakeholders, NAIP II was later reshaped by AGRA and the FAO. The introduction of the Comprehensive Agriculture Transformation Support Programme (CATSP) shifted the focus toward commercial value chains aligned with the Green Revolution model.

This new framework has faced significant opposition from farmer groups and NGOs, who argue that it promotes industrial agriculture at the expense of smallholder farmers, biodiversity, and sustainable practices. AGRA’s role in dismantling Zambia’s biosafety framework has also sparked fears of forced evictions, land grabbing, and the commercialization of water resources, further marginalizing local communities.

In Kenya, AGRA’s sudden involvement in a community-led effort to develop agroecological practices has raised alarms among locals. Stakeholders fear that AGRA’s entry into the process, which included funding and capacity-building initiatives, might derail their efforts to promote sustainable farming systems. AGRA’s use of terms like “climate-smart agriculture” to describe its support for chemical fertilizers and GMOs has led to skepticism about its true intentions.

Local farmers and agroecology supporters worry that AGRA’s involvement could dilute or undermine the original goals of the agroecology policy.

AFSA’s investigation calls for greater scrutiny of AGRA’s role in policymaking and re-evaluating external entities’ influence in shaping Africa’s agricultural future.

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Failed Green Revolution: African Leaders Demand Reparations from Gates Foundation.

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By Witness Radio team.

The much-hyped but ultimately failed agricultural model, the Green Revolution initiatives heavily supported by the Gates Foundation through the Alliance for a Green Revolution in Africa (AGRA), must catch up to its promises to improve African food security. Instead, it has exacerbated food insecurity, deepened poverty, and contributed to environmental degradation across the continent.

As this flawed model is to take center stage at the ongoing African Food Systems Summit in Rwanda, which concludes on September 6th, there is growing discontent. African faith leaders are now calling on the Gates Foundation to offer reparations for the extensive damage inflicted on Africa’s food systems by AGRA’s aggressive promotion of industrialized agriculture. They urge the Foundation to redirect its funding towards locally tested, sustainable agricultural practices that benefit the continent and the world.

For those who missed the live press conference addressed by African faith leaders and presented an open letter to the Gates Foundation, and released the latest research results by the Alliance for Food Sovereignty in Africa on AGRA’s extensive, undue policy influence at local, national, and continental levels and the devastation caused by the Green Revolution agenda in Zambia.

Witness Radio is rebroadcasting a program detailing the critical highlights of the press conference.

Tune in to hear firsthand accounts of how AGRA has impacted farmers and communities on the African continent and learn more about the urgent demands to shift toward more sustainable and equitable agricultural practices.

 

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