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Development banks have no business financing agribusiness

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On the eve of an annual gathering of public development banks in Rome, 280 groups from 70 countries have signed a letter slamming them for bankrolling the expansion of industrial agriculture, environmental destruction and corporate control of the food system. The signatories affirm only fully public and accountable funding mechanisms based on people’s actual needs can achieve real solutions to the global food crisis.

Over 450 Public Development Banks (PDBs) from around the world are gathering in Rome from 19 to 20 October 2021 for a second international summit, dubbed Finance in Common. During the first summit in Paris in 2020, over 80 civil-society organizations published a joint statement demanding that the PDBs stop funding agribusiness companies and projects that take land and natural resources away from local communities. This year, however, PDBs have made agriculture and agribusiness the priority of their second summit. This is of serious concern for the undersigned groups as PDBs have a long track-record of making investments in agriculture that benefit private interests and agribusiness corporations at the expense of farmers, herders, fishers, food workers and Indigenous Peoples, undermining their food sovereignty, ecosystems and human rights.

Our concerns

PDBs are public institutions established by national governments or multilateral agencies to finance government programs and private companies whose activities are said to contribute to the improvement of people’s lives in the places where they operate, particularly in the Global South. Many multilateral development banks, a significant sub-group of PDBs, also provide technical and policy advice to governments to change their laws and policies to attract foreign investment.

As public institutions, PDBs are bound to respect, protect and fulfil human rights and are supposed to be accountable to the public for their actions. Today, development banks collectively spend over US$2 trillion a year financing public and private companies to build roads, power plants, factory farms, agribusiness plantations and more in the name of “development” – an estimated US$1.4 trillion goes into the sole agriculture and food sector. Their financing of private companies, whether through debt or the purchase of shares, is supposed to be done for a profit, but much of their spending is backed and financed by the public – by people’s labor and taxes.

The number of PDBs and the funding they receive is growing.The reach of these banks is also growing as they are increasingly channeling public funds through private equity, “green finance” and other financial schemes to deliver the intended solutions instead of more traditional support to government programs or non-profit projects. Money from a development bank provides a sort of guarantee for companies expanding into so-called high-risk countries or industries. These guarantees enable companies to raise more funds from private lenders or other development banks, often at favorable rates. Development banks thus play a critical role in enabling multinational corporations to expand further into markets and territories around the world – from gold mines in Armenia, to controversial hydroelectric dams in Colombia, to disastrous natural gas projects in Mozambique – in ways they could not do otherwise.

Additionally, many multilateral development banks work to explicitly shape national level law and policy through their technical advice to governments and ranking systems such as the Enabling the Business of Agriculture of the World Bank. The policies they support in key sectors — including health, water, education, energy, food security and agriculture — tend to advance the role of big corporations and elites. And when affected local communities, including Indigenous Peoples and small farmers protest, they are often not heard or face reprisals. For example, in India, the World Bank advised the government to deregulate the agricultural marketing system, and when the government implemented this advice without consulting with farmers and their organisations, it led to massive protests.

Public Development Banks claim that they only invest in “sustainable” and “responsible” companies and that their involvement improves corporate behavior. But these banks have a heavy legacy of investing in companies involved in land grabbing, corruption, violence, environmental destruction and other severe human rights violations, from which they have escaped any meaningful accountability. The increasing reliance of development banks on offshore private equity funds and complex investment webs, including so called financial intermediaries, to channel their investments makes accountability even more evasive and enables a small and powerful financial elite to capture the benefits.

It is alarming that Public Development Banks are now taking on more of a coordinated and central role when it comes to food and agriculture. They are a part of the global financial architecture that is driving dispossession and ecological destruction, much of which is caused by agribusiness. Over the years, their investment in agriculture has almost exclusively gone to companies engaged in monoculture plantations, contract growing schemes, animal factory farms, sales of hybrid and genetically modified seeds and pesticides, and digital agriculture platforms dominated by Big Tech. They have shown zero interest in or capacity to invest in the farm, fisher and forest communities that currently produce the majority of the world’s food. Instead, they are bankrolling land grabbers and corporate agribusinesses and destroying local food systems.

Painful examples

Important examples of the pattern we see Public Development Banks engaging in:

  • The European Bank for Reconstruction and Development and the European Investment Bank have provided generous financing to the agribusiness companies of some of Ukraine’s richest oligarchs, who control hundreds of thousands of hectares of land.

  • SOCFIN of Luxembourg and SIAT of Belgium, the two largest oil palm and rubber plantation owners in Africa, have received numerous financial loans from development banks, despite their subsidiaries being mired in land grabbing, corruption scandals and human rights violations.

  • Multiple development banks (including Swedfund, BIO, FMO and the DEG) financed the failed sugarcane plantation of Addax Bioenergy in Sierra Leone that has left a trail of devastation for local communities after the company’s exit.

  • The UK’s CDC Group and other European development banks (including BIO, DEG, FMO and Proparco) poured over $150 million into the now bankrupt Feronia Inc’s oil palm plantations in the DR Congo, despite long-standing conflicts with local communities over land and working conditions, allegations of corruption and serious human rights violations against villagers.

  • The United Nations’ Common Fund for Commodities invested in Agilis Partners, a US-owned company, which is involved in the violent eviction of thousands of villagers in Uganda for a large-scale grain farm.

  • Norfund and Finnfund own Green Resources, a Norwegian forestry company planting pine trees in Uganda on land taken from thousands of local farmers, with devastating effects on their livelihoods.

  • The Japan Bank for International Cooperation and the African Development Bank invested in a railway and port infrastructure project to enable Mitsui of Japan and Vale of Brazil to export coal from their mining operations in northern Mozambique. The project, connected to the controversial ProSavana agribusiness project, has led to land grabbing, forced relocations, fatal accidents and the detention and torture of project opponents.

  • The China Development Bank financed the ecologically and socially disastrous Gibe III dam in Ethiopia. Designed for electricity generation and to irrigate large-scale sugar, cotton and palm oil plantations such as the gargantuan Kuraz Sugar Development Project, it has cut off the river flow that the indigenous people of the Lower Omo Valley relied on for flood retreat agriculture.

  • In Nicaragua, FMO and Finnfund financed MLR Forestal, a company managing cocoa and teak plantations, which is controlled by gold mining interests responsible for displacement of Afro-descendant and Indigenous communities and environmental degradation.

  • The International Finance Corporation and the Inter-American Development Bank Invest have recently approved loans to Pronaca, Ecuador’s 4th largest corporation, to expand intensive pig and poultry production despite opposition from international and Ecuadorian groups, including local indigenous communities whose water and lands have been polluted by the company’s expansive operations.

  • The Inter-American Development Bank Invest is considering a new $43 million loan for Marfrig Global Foods, the world’s 2nd largest beef company, under the guise of promoting “sustainable beef.” Numerous reports have found Marfrig’s supply chain directly linked to illegal deforestation in the Amazon and Cerrado and human rights violations. The company has also faced corruption charges. A global campaign is now calling for PDBs to immediately divest from all industrial livestock operations.

We need better mechanisms to build food sovereignty

Governments and multilateral agencies are finally beginning to acknowledge that today’s global food system has failed to address hunger and is a key driver of multiple crises, from pandemics to biodiversity collapse to the climate emergency. But they are doing nothing to challenge the corporations who dominate the industrial food system and its model of production, trade and consumption. To the contrary, they are pushing for more corporate investment, more public private partnerships and more handouts to agribusiness.

This year’s summit of the development banks was deliberately chosen to follow on the heels of the UN Food Systems Summit. It was advertised as a global forum to find solutions to problems afflicting the global food system but was hijacked by corporate interests and became little more than a space for corporate greenwashing and showcasing industrial agriculture. The event was protested and boycotted by social movements and civil society, including through the Global People´s Summit and the Autonomous People´s response to the UN Food Systems Summit, as well as by academics from across the world.

The Finance in Common summit, with its focus on agriculture and agribusiness, will follow the same script. Financiers overseeing our public funds and mandates will gather with elites and corporate representatives to strategize on how to keep the money flowing into a model of food and agriculture that is leading to climate breakdown, increasing poverty and exacerbating all forms of malnutrition. Few if any representatives from the communities affected by the investments of the development banks, people who are on the frontlines trying to produce food for their communities, will be invited in or listened to. PDBs are not interested. They seek to fund agribusinesses, which produce commodities for trade and financial schemes for profits rather than food for nutrition.

Last year, a large coalition of civil-society organizations made a huge effort just to get the development banks to agree to commit to a human rights approach and community-led development. The result was only some limited language in the final declaration, which has not been translated into action.

We do not want any more of our public money, public mandates and public resources to be wasted on agribusiness companies that take land, natural resources and livelihoods away from local communities. Therefore:

We call for an immediate end to the financing of corporate agribusiness operations and speculative investments by public development banks.

We call for the creation of fully public and accountable funding mechanisms that support peoples’ efforts to build food sovereignty, realize the human right to food, protect and restore ecosystems, and address the climate emergency.

We call for the implementation of strong and effective mechanisms that provide communities with access to justice in case of adverse human rights impacts or social and environmental damages caused by PDB investments.

Signatories:

Fundación Plurales – Argentina

Fundación Ambiente y Recursos Naturales (FARN) – Argentina

Foro Ambiental Santiagueño – Argentina

Armenian Women For Health &Healthy Environment NGO /AWHHE/ – Armenia

Australian Food Sovereignty Alliance – Australia

SunGem – Australia

Welthaus Diözese Graz-Seckau – Austria

Turkmen Initiative for Human Rights – Austria

FIAN Austria – Austria

Oil Workers’ Rights Protection Organization Public Union – Azerbaijan

Initiative for Right View – Bangladesh

Right to Food South Asia – Bangladesh

IRV – Bangladesh

Bangladesh Agricultural Farm Labour Federation [BAFLF] – Bangladesh

NGO “Ecohome” – Belarus

Eclosio – Belgium

AEFJN – Belgium

FIAN Belgium – Belgium

Entraide et Fraternité – Belgium

Africa Europe Faith & Justice Network (AEFJN) – Belgium

Coalition for Fair Fisheries Arrangements – Belgium

Eurodad – Belgium

Friends of the Earth Europe – Belgium

Alianza Animalista La Paz – Bolivia

Instituto de Estudos Socioeconômicos (Inesc) – Brazil

Centro Ecologico – Brazil

FAOR Fórum da Amazônia Oriental – Brazil

Articulação Agro é Fogo – Brazil

Campanha Nacional de Combate e Prevenção ao Trabalho Escravo – Comissão Pastoral da Terra/CPT – Brazil

Clínica de Direitos Humanos da Amazônia -PPGD/UFPA – Brazil

Universidade Federal Fluminense IPsi – Brazil

Associação Brasileira de Reforma Agrária – Brazil

Rede Jubileu Sul Brasil – Brazil

Alternativas para pequena agricultura no Tocantins APATO – Brazil

CAPINA Cooperação e Apoio a Projetos de Inspiração Alternativa – Brazil

Marcha Mundial por Justiça Climática / Marcha Mundial do Clima – Brazil

MNCCD – Movimento Nacional Contra Corrupção e pela Democracia – Brazil

Marcha Mundial por Justiça Climática/Marcha Mundial do Clima – Brazil

Support Group for Indigenous Youth – Brazil

Comissão Pastoral da Terra -CPT – Brazil

Equitable Cambodia – Cambodia

Coalition of Cambodian Farmers Community – Cambodia

Struggle to Economize Future Environment (SEFE) – Cameroon

Synaparcam – Cameroon

APDDH -ASSISTANCE – Cameroon

Inter Pares – Canada

Vigilance OGM – Canada

National Farmers Union – Canada

SeedChange – Canada

Place de la Dignité – Canada

Corporación para la Protección y Desarrollo de Territorios Rurales- PRODETER – Colombia

Grupo Semillas – Colombia

Groupe de Recherche et de Plaidoyer sur les Industries Extractives (GRPIE) – Côte d’Ivoire

Réseau des Femmes Braves (REFEB) – Côte d’Ivoire

CLDA – Côte d’Ivoire

Counter Balance – Czech Republic

AfrosRD – Dominican Republic

Conseil Régional des Organisations Non gouvernementales de Développement – DR Congo

Construisons Ensemble le MONDE – DR Congo

Synergie Agir Contre la Faim et le Réchauffement Climatique , SACFRC. – DR Congo

COPACO-PRP – DR Congo

AICED – DR Congo

Réseaux d’informations et d’appui aux ONG en République Démocratique du Congo ( RIAO – RDC) – DR Congo

Latinoamérica Sustentable – Ecuador

Housing and Land Rights Network – Habitat International Coalition – Egypt

Pacific Islands Association of Non-Governmental Organisations (PIANGO) – Fiji

Internationale Situationniste – France

Pouvoir d’Agir – France

Europe solidaire sans frontières (ESSF) – France

Amis de la Terre France – France

Médias Sociaux pour un Autre Monde – France

ReAct Transnational – France

CCFD-Terre Solidaire – France

CADTM France – France

Coordination SUD – France

Движение Зеленных Грузии – Georgia

NGO “GAMARJOBA” – Georgia

StrongGogo – Georgia

FIAN Deutschland – Germany

Rettet den Regenwald – Germany

Angela Jost Translations – Germany

urgewald e.V. – Germany

Abibinsroma Foundation – Ghana

Alliance for Empowering Rural Communities – Ghana

Organización de Mujeres Tierra Viva – Guatemala

Campaña Guatemala sin hambre – Guatemala

PAPDA – Haïti

Centre de Recherche et d’Action pour le Developpement (CRAD) – Haiti

Ambiente, Desarrollo y Capacitación (ADC ) – Honduras

Rashtriya Raithu Seva Samithi – India

All India Union of Forest Working People AIUFWP – India

Centre for Financial Accountability – India

People First – India

Environics Trust – India

ToxicsWatch Alliance – India

Food Sovereignty Alliance – India

Indonesia for Global Justice (IGJ) – Indonesia

kruha – Indonesia

Wahana Lingkungan Hidup Indonesia (WALHI) – Indonesia

JPIC Kalimantan – Indonesia

تانيا جمعه /منظمه شؤون المراه والطفل – Iraq

ICW-CIF – Italy

PEAH – Policies for Equitable Access to Health – Italy

Focsiv Italian federation christian NGOs – Italy

Schola Campesina APS – Italy

Casa Congo- Italy

ReCommon – Italy

Japan International Volunteer Center (JVC) – Japan

Team OKADA – Japan

taneomamorukai – Japan

VoiceForAnimalsJapan – Japan

Keisen University – Japan

000 PAF NPO – Japan

Missionary Society of Saint Columban, Japan – Japan

Migrants around 60 – Japan

Mura-Machi Net (Network between Villages and Towns) – Japan

Japan Family Farmers Movement (Nouminren) – Japan

Pacific Asia Resorce Center(PARC) – Japan

A Quater Acre Farm-Jinendo – Japan

Friends of the Earth Japan – Japan

Alternative People’s Linkage in Asia (APLA) – Japan

Mekong Watch – Japan

Family Farming Platform Japan – Japan

Africa Japan Forum – Japan

ATTAC Kansai – Japan

ATTAC Japan – Japan

Association of Western Japan Agroecology (AWJA) – Japan

Mennovillage Naganuma – Japan

Phenix Center – Jordan

Mazingira Institute – Kenya

Dan Owala – Kenya

Jamaa Resource Initiatives – Kenya

Kenya Debt Abolition Network – Kenya

Haki Nawiri Afrika – Kenya

Euphrates Institute-Liberia – Liberia

Green Advocates International (Liberia) – Liberia

Sustainable Development Institute (SDI) – Liberia

Alliance for Rural Democracy (ARD) – Liberia

Frères des Hommes – Luxembourg

SOS FAIM – Luxembourg

Collectif pour la défense des terres malgaches – TANY – Madagascar

Third World Network – Malaysia

Appui Solidaire pour le Développement de l’Aide au Développement – Mali

Réseau CADTM Afrique – Mali

Lalo – Mexico

Tosepanpajt A.C – Mexico

Maya sin Fronteras – Mexico

Centro de Educación en Apoyo a la Producción y al Medio Ambiente, A.C. – Mexico

Mujeres Libres COLEM AC – México

Grupo de Mujeres de San Cristóbal Las Casas AC – México

Colectivo Educación para la Paaz y los Derechos Humanos A.C. (CEPAZDH) – México

Red Nacional de Promotoras Rurales – México

Dinamismo Juvenil A.C – México

Cultura Ambiental en Expansión AC – México

Observatorio Universitario de Seguridad Alimentaria y Nutricional del Estado de Guanajuato – México

Centro Interdisciplinario de Investigación y Desarrollo Alternativo U Yich Lu’um AC – México

The Hunger Project México – México

Americas Program/Americas.Org – México

Association Talassemtane pour l’Environnement et Développement (ATED) – Morocco

Espace de Solidarité et de Coopération de l’Oriental – Morocco

LVC Maroc – Morocco

EJNA – Morocco

NAFSN – Morocco

Fédération nationale du secteur agricole – Morocco

Association jeunes pour jeunes – Morocco

Plataforma Mocambicana da Mulher e Rapariga Cooperativistas/AMPCM – MOZAMBIQUE – Mozambique

Justica Ambiental – JA! – Mozambique

Community Empowerment and Social Justice Network (CEMSOJ) – Nepal

WILPF NL – Netherlands

Milieudefensie – Netherlands

Platform Aarde Boer Consument – Netherlands

Both ENDS – Netherlands

Foundation for the Conservation of the Earth,FOCONE – Nigeria

Lekeh Development Foundation (LEDEF) – Nigeria

Nigeria Coal Network – Nigeria

Spire – Norway

Pakistan Fisherfolk Forum – Pakistan

Gaza Urban Agriculture Platform (GUPAP) – Palestine

Union of Agricultural Work Committees – Palestine

WomanHealth Philippines – Philippines

Agroecology X – Philippines

SEARICE – Philippines

Alter Trade Foundation for Food Sovereignty, Inc – Philippines

Association pour la défense des droits à l’eau et à l’assainissement – Sénégal

Biotech Services Sénégal – Sénégal

Association Sénégalaise des Amis de la Nature – Sénégal

Alliance Sénégalaise Contre la Faim et la Malnutrition – Sénégal

Association Sénégalaise des Amis de la Nature – Sénégal

Alliance Sénégalaise Contre la Faim et la Malnutrition – Sénégal

Green Scenery – Sierra Leone

Land for Life – Sierra Leone

JendaGbeni Centre for Social Change Communications – Sierra Leone

Sierra Leone Land Alliance – Sierra Leone

African Centre for Biodiversity – South Africa

African Children Empowerment – South Africa

Cooperative and Policy Alternative Centre – South Africa

Fish Hoek Valley Ratepayers and Residents Association – South Africa

Consciously Organic – South Africa

Wana Johnson Learning Centre – South Africa

Aha Properties – South Africa

Sacred Earth & Storm School – South Africa

Earth Magic – South Africa

Oasis – South Africa

Envirosense – South Africa

Greenstuff – South Africa

WoMin African Alliance – South Africa

Seonae Eco Centre – South Africa

Eco Hope – South Africa

Kos en Fynbos – South Africa

Ghostwriter Grant – South Africa

Mariann Coordinating Committee – South Africa

Khanyisa Education and Development Trust – South Africa

LAMOSA – South Africa

Ferndale Food Forest and Worm Farm – South Africa

Mxumbu Youth Agricultural Coop – South Africa

PHA Food & Farming Campaign – South Africa

SOLdePAZ.Pachakuti – Spain

Amigos de la Tierra – Spain

Sindicato Andaluz de Trabajadores/AS – Spain

Salva la Selva – Spain

Loco Matrifoco – Spain

National Fisheries Solidarity(NAFSO) – Sri Lanka

Movement for Land and Agricultural Reform (MONLAR) – Sri Lanka

Agr. Graduates Cooperatives Union – Sudan

FIAN Sweden – Sweden

FIAN Suisse – Switzerland

Bread for all – Switzerland

Foundation for Environmental Management and Campaign Against Poverty – Tanzania

World Animal Protection – Thailand

Asia Indigenous Peoples Pact – Thailand

PERMATIL – Timor-Leste

Afrique Eco 2100 – Togo

AJECC – Togo

ATGF – Tunisia

Forum Tunisien des Droits Economiques et Sociaux – Tunisia

Agora Association – Turkey

Uganda Land Rights Defenders – Uganda

Hopes for youth development Association – Uganda

Uganda Consortium on Corporate Accountability – Uganda

Centre for Citizens Conserving Environment &Management (CECIC) – Uganda

Buliisa Initiative for Rural Development Organisation (BIRUDO)) – Uganda

Twerwaneho Listeners Club – Uganda

Alliance for Food Soverignity in Africa – Uganda

Global Justice Now – UK

Friends of the Earth International – UK

Compassion in World Farming – UK

Environmental Justice Foundation – UK

Fresh Eyes – UK

War on Want – UK

Friends of the Earth US – US

A Growing Culture – US

Center for Political Innovation – US

GMO/Toxin Free USA – US

Friends of the Earth US – US

Thousand Currents – US

Local Futures – US

National Family Farm Coalition – US

Community Alliance for Global Justice/AGRA Watch – US

Bank Information Center – US

Seeding Sovereignty – US

Yemeni Observatory for Human Rights – Yemen

Zambia Alliance for Agroecology and Biodiversity – Zambia

Zambian Governance Foundation for Civil Society – Zambia

Urban Farming Zimbabwe – Zimbabwe

Centre for Alternative Development – Zimbabwe

FACHIG Trust – Zimbabwe

Red Latinoamericana por Justicia Económica y Social – Latindadd – América Latina

European Coordination Via Campesina – Europe

Arab Watch Coalition – Middle East and North Africa

FIAN International – International

International Alliance of Inhabitants – International

Society for International Development – International

ActionAid International – International

International Accountability Project – International

Habitat International Coalition – General Secretariat – International

CIDSE – International

ESCR-Net – International

World Rainforest Movement – International

Transnational Institute – International

GRAIN – International

Original Source: grian.org

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Business, UN, Govt & Civil Society urge EU to protect sustainability due diligence framework

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As the publishing date for the European Commission’s Omnibus Simplification Package proposal draws closer, a coalition of major business associations representing over 6000 members, including Amfori and the Fair Labor Association, has called on the EU to uphold the integrity of the EU sustainability due diligence framework.

Governments have also joined the conversation, with the Spanish government voicing its strong support for maintaining the core principles of the CSRD and CSDDD.

Their call emphasises the importance of preserving the integrity of the Corporate Sustainability Due Diligence Directive (CSDDD) and Corporate Sustainability Reporting Directive (CSRD).

These powerful business voices have been complemented by statements from the UN Working Group on Business & Human Rights, alongside 75 organisations from the Global South and 25 legal academics, all cautioning the EU against reopening the legal text of the CSDDD.

Additionally, the Global Reporting Initiative has urged the EU to maintain the double materiality principle of the Corporate Sustainability Reporting Directive, meanwhile advisory firm Human Level published a briefing exploring the business risks of reopening level 1 of the text.

Concerns stem from fears that reopening negotiations could weaken key human rights and environmental due diligence provisions, undermine corporate accountability and create legal uncertainty for businesses.

The European Commission’s Omnibus proposal is expected to be published on 26 February.

Source: Business & Human Rights Resource Centre

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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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