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DR Congo oil palm company bankrolled by development banks unleashes wave of violence against villagers after peaceful protests

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On 13 February 2021, local communities in the area of Lokutu, Tshopo Province, Dr Congo organised peaceful actions to protest the arrival of a delegation of investors organised by the oil palm plantation company Plantations et Huileries du Congo (PHC). The villagers were protesting against the failure of the company to provide them with any benefits after more than a 100 years of illegally occupying their lands and the recent takeover of the company by a private equity fund called Straight KKM without any involvement from the communities. Since 2013, PHC, until last year owned by the Canadian company Feronia Inc, has received over US$150 million in financing from the development banks of the UK, Belgium, France, Germany, the Netherlands, Spain and the US. 

A peaceful protest was held at the airplane landing strip in Mwingi to greet the arrival of a delegation of the new owners of PHC/KKM. The new director of PHC and one of its new owners, the Congolese businessman Kalaa Mpinga, was not part of the delegation, which was composed of 3 Asian investors, a representative of PHC and a South African. The villagers then marched from the airfield to the office of PHC in Lokutu.

The next day, the delegation attempted to visit some of the affected communities (notably in Mindua). In some places they were confronted with roadblocks organized by the communities as a sign of discontent. 

In the days that followed, PHC’s security guards (known as gardes industriels) began terrorising the local populations.

According to the information provided by numerous local sources, dozens of villagers from the communities of Mindua, Mwingi, Bolesa, and Mosite (all located in the vicinity of PHC’s Lokutu plantations) suffered arbitrary arrests and/or physical violence. At the present time, it appears that 12 people are still being held in Yangambi prison (150 km from Lokutu and therefore far from their villages and from any support to assist them in asserting their rights). 

One of those attacked by the company’s security guards died shortly after being badly beaten, tortured and detained. Blaise Mokwe, a 33-year old man engaged to be married, from the village YAKOTE, community of BOLESA, BOLINGA sector, Yahuma territory in the middle of the PHC/ Feronia/ KKM Lokutu plantations in the Province of Tshopo in the Democratic Republic of Congo, died on 21 February 2021 as a result of torture, assault and beatings, perpetrated by the security guards of PHC / Feronia / KKM in Yahuma/Basoko territory, at the Lokutu plantation site, Tshopo Province (DRC).

Here is a breakdown of the arrests and assaults that have occurred so far:

1] Arbitrary arrests in Mwingi – 13 February 2021 – of 3 RIAO-RDC members and 1 community leader

2] Arbitrary arrests in Bolesa – 15 February 2021 – of 8 people, one person who died of his injuries

3] Arbitrary arrests in Mindua – 15 February 2021 (and following days) – of 5 (or more) persons

4] Information that several women were likely raped in Mindua, Mwingi, Bolesa, Mosite

Request for authorisation for a peaceful protest in Lokutu to denounce the killing and violence committed by PHC against local villagers.

Increasing violence over the past months

According to community members, since the recent sale of PHC, and the hiring of Mr King Mpika as Security Estate Manager (head of security) of the PHC in Lokutu, the criminalisation of local protest has increased. According to Gilbert Lokombu Limela, President of the Civil Society of Basoko (Lokutu side), King Mpika’s security operations also include a detachment of around 50 police officers from Kisangani. Tensions have also been heightened because of the delay in a mediation process that was promised to the communities by the DEG-FMO-Proparco complaint mechanism over 2 years ago. 

Mr King Mpika (who according to some sources is related to the new PHC owner Kalaa Mpinga) is said to have made death threats towards two of the detainees arrested on 13 February, before leaving Lokutu: Mr Christian Litikela and Chimita Alela. 

He is said to have given the orders that led to the acts of repression and recent arrests. 

Villagers protesting the killing of Blaise Mokwe and other violence committed by security guards and police under the command of PHC, February 26, 2021

Circumstances of the arrests

According to local sources, the arrests at Mwingi were carried out by local police, at the request of PHC security. The security guards led or participated in the arrests.

In Mwinigi, three members of RIAO-DRC in Lokutu were arrested under a false pretext of inciting revolt, taking photos of the protest and providing interviews to journalists in which they explained the context of the Lokutu protests. Similar charges were made against the community leader who was arrested at the same time. Three of those arrested were badly beaten. One was released after a payment of 300,000 FC (US$150), while the three others were transferred to Yangambi prison

In the vicinity of Bolesa, the PHC security guards arrested 4 women and 4 men, which they then took to the police station in Lokutu. Several of those arrested were assaulted before they arrived at the police station. Some arrived handcuffed/tied. The eight villagers were taken to the holding cell in Lokutu and the four women were later released. Three of the men were transferred to Yangambi prison. One of those arrested and assaulted, Mr. Blaise Mokwe, was transfered to a hospital which could not care for him and he died on 21 February of his injuries at his home.

There are also reports that a young teacher from Mwingi, who is a local member of RIAO-RDC, was assaulted by PHC security guards while he was travelling to central Lokutu, without any reason given. According to local sources, the arrest was extremely violent. The teacher was eventually tortured, handcuffed and taken to Lokutu prison. He is reported to be in critical condition. 

Following the violent incidents in the vicinity of Lokutu after the demonstration, further assaults and arrests were reportedly made in other villages, including Mindua. The majority of those arrested in Mindua were apprehended by PHC security guards on suspicion of stealing palm nuts and taken by the security guards to Lokutu police station. Sources indicate that five men were arrested, as well as one woman who is five months pregnant. The woman was allegedly beaten and raped and is now at risk of losing her baby. She is reported to have been transferred from the local police station in Lokutu to Yangambi prison. 

Local sources also state that there were several cases of sexual assault and rape committed against women by PHC security guards in Mindua, Mwingi, Bolesa and Mosite during this wave of violence. 

The coffin of Blaise Mokwe, sitting outside the offices of PHC, as act of protest by his family.

Killing of Blaise Mokwe

Blaise Mokwe, a 33-year old man engaged to be married, from the village of Yakote, was arrested on 15 February at his home near his village of Yakote. That day, he started his day by sweeping his yard in front of his house. As his broom was broken, he went to the plantation to look for a stick to repair his broom. 

That’s when he was arrested by the security guards. They accused Mr. Mokwe of “stealing palm nuts belonging to the plantation” and forced Mr. Mokwe to take them to his house to search the premises and find the “nuts”. Following the search, they found no nuts or oil at Mr Mokwe’s home. However, the security guards decided to take Mr Mokwe to the Lokutu police station. Considering this arbitrary arrest and in the absence of any offence, Mr Mokwe refused to follow them. The security guards then tried to take him by force to the Lokutu police station.

When Mr. Mokwe resisted, the security guards beat and kicked him and then took him by force, handcuffed, to the Lokutu police station (25 km away).  

On arrival at the police station, the commander reportedly demanded that Mr Mokwe be immediately taken to hospital as his health was in a critical state. Unfortunately, at the hospital, due to a lack of medication, Mr Mokwe was unable to receive the necessary care. He therefore returned to his village in Yakote. He died on February 21, in Yakote/Mosite, of the injuries sustained when beaten by the PHC security guards.

In an act of protest and desperation, Mr Mokwe’s family took his body to the Lokutu police station the next day to seek justice. But the Lokutu local police commander refused to allow the body to be taken to the police station because, according to him, the security guards of PHC were responsible for Mr Mokwe’s death, not the police. The body was then taken to the PHC workers’ camp in Lokutu, where it remained during the day of February 22nd, in the presence of some relatives. 

Receipt for the loan of US$100 provided by PHC towards the costs of Blaise Mokwe’s funeral.

PHC made a contribution of 200,000 FC (US$100) to the funeral expenses of Mr Mokwe. Subsequently, PHC requested that an acknowledgement of debt be signed by Mr Mokwe’s elder brother, committing him to reimburse PHC for the payment of the advance to cover funeral expenses. Subsequently, sources confirm that representatives of PHC acknowledged that Mr Mokwe’s death was linked to the assault and beatings he suffered at the hands of its security guards. 

This is understood to be what motivated the company to promise the family an additional indemnity of 500,000 FC (US$300) to cover the funeral expenses.

Mr. Mokwe was buried on 22 February at the end of the day.

Original source: RIAO-RDC

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Joint CSO Statement Calls on IFC and MIGA to Strengthen its New Approach to Remedial Action Policy

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IFC and MIGA’s proposed Approach to Remedial Action was supposed to explain how the institutions would address the well-known human rights and environmental harms caused by some of their investments. Instead, IFC and MIGA’s response to the well-documented remedy gap is to publish a short paper that heralds its existing prevention and mitigation practices and does not admit that the institutions have a human rights obligation to remedy harms to which they have contributed. Thankfully, the document is only a proposal subject to public consultations, and we call upon IFC and MIGA to make significant changes.

IFC and MIGA have known for years that some of their investments cause environmental and social harm and that under international human rights standards, those who contribute to harm should contribute to providing remedy. An independent expert review, led by a former IFC president and requested by the World Bank’s board, confirmed this standard and recommended that the institutions contribute to and promote access to remedy for project-related harms. The review deemed IFC and MIGA’s current accountability system inadequate and remedial actions practically nonexistent. We are surprised, therefore, that the Approach to Remedial Action commits to very few new actions.

The proposed Approach includes some necessary elements, including a commitment from IFC and MIGA to facilitate and support clients’ remedial actions, explore and pilot arbitration, and exercise leverage over clients, including through contractual provisions and the use of various financing instruments. IFC and MIGA largely failed to respond to the board’s assignment, however, as they left out the following necessary components:

  1. Types of remedy: Despite “Remedial Action” in its title, the proposed Approach does not provide a plan for delivering any type of remedy. Further, the draft policy does not include any examples of remedy that IFC and MIGA have provided in the past or how IFC and MIGA will contribute to and promote specific types of remedy available in the future. Remedy can take many forms, including compensation, apology, rehabilitation, satisfaction, and commemoration, among others. The Approach must detail how IFC and MIGA are prepared to provide each type of remedy when the circumstances arise.
  2. Financial contribution by IFC and MIGA: Even though it is evident that remedy often costs money, “the Approach does not contemplate a systemic process for the financing of direct contribution to remedial action” (page v). This is a major gap. IFC and MIGA refer vaguely to directly financing remedy in “exceptional circumstances,” but don’t define them. IFC and MIGA don’t even commit to directly remedying the cases in which its accountability mechanism, the Compliance Advisor Ombudsman (CAO), found that projects did not comply with the IFC’s own Sustainability Policy and, as a result, contributed to harm. In line with the recommendations of the external review and per international standards, IFC and MIGA are obligated to financially contribute to remedy when their actions or inactions contribute to harm or when a client cannot provide financial contributions.
  3. Access to remedy after the end of a project: While the proposed Approach to Remedial Action references its draft Responsible Exit Principles, it does not describe specific actions IFC and MIGA will take to provide access to remedy after a project is complete. We expect IFC and MIGA to commit to not exiting a project subject to an ongoing CAO process without the consent of community complainants or until all remedial actions have been delivered to communities, commitments not included in the draft Responsible Exit Principles. This directly contradicts established norms and must be amended accordingly. Further, the proposed Responsible Exit Principles fail to adequately recognize the importance of including impacted communities as full stakeholders in the process. Delivering responsible exit depends on IFC and MIGA’s ability to provide holistic and inclusive remedy in line with communities’ expectations.
  4. Addressing the past: Even though IFC and MIGA’s failure to remedy harm in the past is the impetus for this proposed Approach, the institutions appear to only commit to implementing their remedial obligations going forward, with the document stating that IFC and MIGA would implement this approach to “new” projects. This fails the communities who are currently experiencing harm and need remedy.

The Approach to Remedial Action is risk-averse from an institutional perspective but expects a risk tolerance from rightsholders. Communities adversely affected by development projects have a right to remedy that is co-designed by them. Prioritizing the bottom line over the people these development institutions serve is unacceptable and a missed opportunity.

IFC and MIGA have an opportunity to demonstrate leadership among development finance institutions and the wider financial sector by bringing this proposal in line with prevailing international human rights norms. A failure to do so would mark a concerning precedent and setback for the realization of the right to remedy. We hope that IFC and MIGA provide sufficient opportunities for civil society and project-affected communities to provide feedback on the draft policy, and deliver a revised proposal that meets the moment.

—–

Endorsed by:

  • Accountability Counsel
  • Bank Information Center
  • Center for International Environmental Law (CIEL)
  • American University Center for Human Rights and Humanitarian Law
  • Sustentarse (Chile)
  • Association of ESPOD Morocco
  • Inclusive Development International
  • NGO Forum on ADB
  • Recourse
  • ATGL Tunisia
  • Social Justice Platform
  • Studies and Economic Media Center
  • Oxfam
  • Yemeni Observatory for Human Rights
  • Green Development Advocates (GDA)
  • Foundation for Environmental Management and Campaign against Poverty (FEMAPO)
  • Observatory of Food Sovereignty and Environment
  • Observatoire d’Etudes et d’Appuis a la responsabilité Sociale et Environnementale (OEARSE)
  • Centre for Citizens Conserving Environment & Management (CECIC)
  • Centre for Nature Conservation and Development (CNCD)
  • Synaparcam (Synergie Nationale des Paysans et Riverains du Cameroun)
  • Bretton Woods Project
  • TINDZILA
  • Espace de Solidarité et de Coopération de l’Oriental
  • Wedyan Association For Society Development
  • Association Talassemtane for Environment and Development (ATED)
  • Resonate! Yemen
  • Lumière Synergie pour le Développement (LSD)
  • IFI Synergy Group
  • Gender Action
  • urgewald
  • Community Assistance in Development (COMAID)
  • Crude Accountability
  • Interamerican Association for Environmental Defense (AIDA)
  • Fundeps – Fundación para el Desarrollo de Políticas Sustentables
  • Action Research for Rural Development (RADER)
  • Global Labor Justice-International Labor Rights Forum (GLJ-ILRF)
  • International Trade Union Confederation
  • International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF)
  • Centre for Financial Accountability, (India)
  • Just Ground
  • Util
  • Abna Alnazihein Organization
  • Social Justice Platform
  • Yemeni Observatory for Human Rights

Source: Accountability Counsel

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Press Release – CICDHA: UN Human Rights Committee calls on China for mechanisms to investigate and punish harmful activities of its companies and banks abroad

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This past February, a delegation of 11 Latin American civil society organizations from the Collective on Chinese Finance and Investment, Human Rights and Environment (CICDHA) and representatives of affected communities, in collaboration with the International Service for Human Rights (ISHR) and FIAN International, participated in the third evaluation of the People’s Republic of China (PRC) by the United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR), in Geneva. The organizations requested the CESCR to recommend that the PRC respects, protects and fulfills its extraterritorial obligations related to economic, social, cultural and environmental rights contained in the ESCR Covenant and other UN instruments it has signed and recognized. This obligation includes the activities of Chinese state-owned and semi-state-owned companies and banks, as well as projects in which they participate in Latin America.

Last January, CICDHA and ISHR submitted to CESCR a report documenting the impacts of Chinese corporate activities in 14 projects developed in 9 Latin American countries: Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Mexico, Peru and Venezuela. The report demonstrates violations of the rights of indigenous peoples, the right to health, a healthy environment, water, food, housing, labor rights, and various civil and political rights, which are protected by UN treaties, covenants and conventions. Furthermore, the report states that “…China is one of the largest investors in Latin America and has an enormous responsibility to avoid the negative effects of the projects in which its companies participate or which are financed by its banks”.

Marco Antonio Gandarillas, from Latinoamérica Sustentable and member of CICDHA, said “All the projects analyzed are located in areas of high social conflict, great environmental and cultural diversity, particularly in indigenous territories; it is for this reason that the evaluation of the ESCR Committee is crucial for the future of Chinese investments and financing in the region”.

The Collective on Chinese Finance and Investment Human Rights and Environment (CICDHA in Spanish), has been working since 2018, documenting cases and reporting to various international bodies on the systematic non-compliance of China’s extraterritorial human rights obligations in its business activities in Latin America.

During the dialogue with the Chinese state representatives on February 15, CESCR President Michael Windfuhr echoed civil society’s concern by posing the following questions:

“What kind of binding regulations does China put in place to ensure that state-owned companies do not further undermine the human rights of people in other countries? How do victims of human rights abuses [by Chinese business actors operating abroad] access avenues of accountability or grievance mechanisms? How do they assess environmental, social and human rights impacts and mitigate risks and avoid harm [from Chinese funding and international cooperation]?”

The Concluding Observations of March 3rd, 2023, show that the CESCR welcomed several of the suggestions made by  CICDHA and expressed its concern “about the insufficiency of the legal obligations of companies under the jurisdiction of the State party to exercise due diligence on human rights” and recommended that the PRC ensure that companies and banks abroad “are held accountable for violations of economic, social and cultural rights, paying special attention to the territorial rights of indigenous and peasant farmers and the environmental impact…. and that follow-up and control mechanisms be established to investigate and sanction their harmful activities”.

The CESCR also asked the PRC to ensure that victims of abuses have access to effective complaint mechanisms and adequate redress. In addition, it urged the PRC to take steps, in particular with companies involved in the extraction of commodities and construction of infrastructure, “to ensure the legal accountability of corporate entities…in relation to violations of economic, social and cultural rights in the context of their activities abroad.”

The CESCR’s recommendations help pressure the PRC to establish mechanisms to monitor, investigate and sanction human rights abuses by Chinese business and financial activities outside Chinese territory. In addition, they seek to have the PRC enact policies that oblige Chinese companies and financiers to adopt measures to repair, redress and remedy current impacts and to establish monitoring mechanisms to prevent future impacts.

“Having the Committee recommend that Chinese companies and banks be held legally responsible for human rights abuses arising from their operations abroad is not only a step forward in protecting Chinese investment, but also in guaranteeing human rights in any context of transnational capitalism,” said Sofía Jarrín of Amazon Watch, a CICDHA member organization.

CICDHA welcomes the concluding observations of the CESCR, and considers the results of the assessment to be a substantial step forward towards greater accountability for human rights.

Source: amazonwatch.org

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“Development” Projects Yield Starvation and Death in Ethiopia’s Lower Omo Valley

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In a new report, Dam and Sugar Plantations Yield Starvation and Death in Ethiopia’s Lower Omo Valley, the Oakland Institute sounds the alarm on the severe humanitarian crisis faced by Indigenous tribes in the Valley and urges government and aid agencies to provide relief assistance.

With attention centered on the civil war in the country over the last two years, the hunger and health crisis in the Omo Valley caused by the Gibe III Dam and the Kuraz Sugar Development Project has gone ignored.

For years, the Oakland Institute has alerted on the threats posed to the local population — with their traditional livelihoods, environment, and lands destroyed by the so-called “development” projects. New field research now confirms the disastrous impacts as the situation rapidly deteriorates with Indigenous children dying of disease and starvation.

“The very survival of the Kwegu, Mursi, Bodi and other tribes is under threat. Acute hunger is common with the dam’s blockage of the annual flood — a natural event that the inhabitants of the valley relied on for centuries for cultivation — compounded with their loss of land to the sugar plantations,” said Anuradha Mittal, Executive Director of the Oakland Institute. Malnourished villagers are also suffering from deadly diseases — chickenpox and measles outbreaks, malaria, and leishmania. Contamination of the Omo River and its tributaries has led to a resurgence of cholera and polluted drinking water with chemicals, worsening the health crisis. The cattle, wild game, and fish that communities traditionally relied on for subsistence have disappeared. The economic opportunities the projects were supposed to generate have not materialized — exacerbating poverty in the region.

Given this dire situation, it is imperative for the Ethiopian government and humanitarian agencies to immediately turn their attention to the Omo Valley and provide urgent food, water, and medical assistance. “The Indigenous communities of Lower Omo—many forcibly evicted under the previous regime to make way for the construction of the Gibe III Dam and sugarcane plantations— today face starvation and death. Beyond immediate relief, addressing past abuses is essential. After years of broken promises and widespread abuse, any future development in the Lower Omo will have to be based on respect and protection of Indigenous rights,” concluded Mittal.

Source: oaklandinstitute.org

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