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EACOP: East African Court of Justice will hear arguments on court’s jurisdiction

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4 April 2023, Arusha: Tomorrow, 5 April 2023, the East African Court of Justice (EACJ) will hear arguments for and against the objection to the court’s jurisdiction filed by Secretary General of the East African Community, the Republic of Tanzania and Republic of Uganda in response to the case challenging the construction of the East African Crude Oil Pipeline (EACOP) until the questions of environmental, social justice, and climate justice concerns
raised in the case are heard and determined.

On 6 November, 2020, Natural Justice, Africa Institute for Energy Governance (AFIEGO), Centre for Strategic Litigation and the Centre for Food and Adequate Living Rights (CEFROHT) Limited filed a case against the governments of Uganda and Tanzania and the Secretary General of the East African Community (EAC), challenging the construction of the EACOP at the EACJ. The applicants also applied for a temporary injunction to stop the construction of the EACOP until the questions of environmental, social justice, and climate justice concerns raised in the case are heard and determined. This application is yet to be determined by the Court.

The Applicants’ case is premised on grounds that the EACOP project contravenes various provisions of the treaty of the East African Community; the Protocol for the Sustainable Management of the Lake Victoria Basin; the African Charter on Human and People’s Rights; the African Convention on Conservation of Natural Resources; the post2020 Convention on Biological Diversity and the Paris Climate Accords. Moreover, the applicants contend that the project proponents, including French oil giant Total Energies, China’s National Offshore Oil Corporation, and the states of Uganda and Tanzania did not conduct effective and meaningful public participation and consultation, and neither did they conduct both human rights and climate impact assessments before the commencement of the EACOP project.

If the preliminary objection on the court’s jurisdiction is successful, the case shall be dismissed, and if the court determines that it has jurisdiction, then the matter shall proceed, and will be heard on merits. Given continuing community concerns and the emerging science from the IPCC on worsening climate impacts on vulnerable countries, we hope the court will make a swift determination and consider this important case on its merits.” Mark Odaga, Attorney, Natural Justice.

“EACOP and Tilengaaffected communities in Uganda were disappointed in February 2023 when the French courts dismissed the duty of vigilance case against TotalEnergies without hearing the case on its merits. Today, their hope lies with the judges at the EACJ and were main hopeful that the court will dispense justice.” Diana Nabiruma, Senior Communications Officer, AFIEGO.

“Our concern lies with the communities who have been subjected to human rights violations and abuses before the construction of the East African Crude Oil Pipeline (EACOP) has begun. This, coupled with the potential dangers of EACOP to livelihood and biodiversity across the region, requires a swift and just resolution. A favourable ruling would send a strong message to financiers and investors that relentless profiteering and extraction, at the expense of human rights, substantive freedoms and sustainability, will not go unchallenged in Africa.” Zaki Mamdoo, StopEACOP Campaign Coordinator.

“The recent IPCC synthesis report reminds us that projects like EACOP fly in the face of the Paris Accords and the urgent need for all states to divest immediately from fossil fuels. We hope that through regional courts and the rule of law, the people of East Africa and the Global South will be safeguarded from oil giants and profit hungry investors when states do not fulfil their obligation to protect the human rights of their citizens.” Nyaguthii Chege, East Africa Hub Director, Natural Justice.

Source: afiego.org

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The Great “Green” Heist: When Artificial Intelligence and Arms Dealers Seize the Minerals of the South

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By Franck Zongwe Lukama, Congolese journalist and researcher, leads the independent media KilaloPress in DRC.

We were sold a simple equation: to save the planet, we must dig. Dig faster, deeper, extracting from the earth the cobalt, lithium, or copper needed for solar panels and electric vehicles. Yet, this climate rescue rhetoric conceals a staggering statistical deception. Today, 70% of global demand for critical minerals does absolutely nothing to support the energy transition. These resources end up in aerospace, communication technologies, and, above all, weaponry. Sectors that, ironically, exacerbate the global ecological crisis. The green revolution has become the perfect smokescreen, the moral veneer for a very different kind of war.

Far from the promises of sustainable development touted by the World Bank, the current scramble is driven by a strict logic of geopolitical power. A damning report from the California-based Oakland Institute exposes this global scheme. The report reveals an unprecedented and formidable convergence of interests between the American military-industrial complex and the giants of Silicon Valley. With the Pentagon openly pivoting toward a combat strategy focused on artificial intelligence (AI), securing supply chains is no longer a matter of ecology, but a question of survival in the face of Chinese influence. The United States is not seeking to reduce carbon emissions; it is seeking to guarantee its technological and military supremacy.

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Artisanal Coltan - manganese - cobalt mining in Mudere mine under control of Nyatura militia, town of Rubaya, North Kivu region (Democratic Republic of Congo, Africa). Photo: Erberto Zani.

The real winners of this frantic race wear suits far removed from environmental activism. Trillions of dollars are flowing into new alliances that intertwine AI-driven mining companies, like KoBold Metals—backed by billionaires such as Bill Gates—and companies specializing in cutting-edge defense technologies, like Palantir and Anduril, not to mention the networks of influence close to the Trump family. For these players, the discourse of climate emergency acts as a powerful public relations tool. It justifies massive and accelerated extraction that would otherwise provoke international outrage.

Local communities and Indigenous populations find themselves on the frontlines, forced to resist an extraction machine that has the audacity to justify their suffering by claiming it is necessary to save the world.

And the price of this hypocrisy is being paid in full throughout the Global South. In the Rubaya hills, in the Kolwezi copper belt, as in the Indigenous territories of Latin America and Asia, the promise of “prosperity” translates into a terrifyingly familiar tragedy. Land grabbing, forced displacement, devastating groundwater pollution: the plundering of ecosystems and human lives is accelerating. Local communities and Indigenous populations find themselves on the frontlines, forced to resist an extraction machine that has the audacity to justify their suffering by claiming it is necessary to save the world. Today, opposing the destruction of one’s village by a multinational mining company risks being accused of hindering the fight against climate change. The rhetorical trap is devastatingly effective.

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Artisanal Coltan - manganese - cobalt mining in Mudere mine under control of Nyatura militia, town of Rubaya, North Kivu region (Democratic Republic of Congo, Africa). Photo: Erberto Zani.

The long-term consequences of this diversion are alarming. The exponential surge in demand generated by future AI data centers, mass surveillance, and global rearmament will mathematically deplete available reserves. Every ton of copper, nickel, or cobalt consumed by combat drones or algorithmic data processing servers is a ton diverted from the production of renewable energy infrastructure. We are not equipping the energy transition; we are cannibalizing it to militarize our future.

We are not equipping the energy transition; we are cannibalizing it to militarize our future.

If no strict regulations are put in place to curb this rampant mining frenzy, hundreds of new mines will spring up in the coming years, causing irreversible damage on an unprecedented scale. The question facing citizens today, from Kinshasa to Washington, is no longer whether we will have enough minerals to save our atmosphere. It is why we are willing to sacrifice millions of lives and destroy our lands to fuel next-generation algorithms and weapons. In ten years, when the Global South is nothing more than a vast crater serving a militarized hyper-technology, it will be too late to realize that the planet was never the priority.

Photos: Artisanal Coltan – manganese – cobalt mining in Mudere mine under control of Nyatura militia, town of Rubaya, North Kivu region (Democratic Republic of Congo, Africa). Erberto Zani – stock.adobe.com

Source: oaklandinstitute.org/

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EU: IPI welcomes action against 14 states over Anti-SLAPP Directive delays

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EU states must introduce robust measures to protect journalists and media from vexatious litigation

The International Press Institute (IPI) today welcomes the infringement proceedings initiated by the European Commission against 14 EU Member States over their inaction or delays in transposing the Anti-SLAPP Directive.

The countries included are Austria, Bulgaria, Czech Republic, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Romania, Slovakia and Spain.

The EU infringement proceedings were initiated on 15 July, with letters of formal notice sent to these Member States for failing to notify about progress made in implementing the Directive. States now have two months to respond and update about measures taken or could eventually face legal action at the European Court of Justice.

The Anti-SLAPP Directive introduced EU-wide rules which protect journalists and civil society actors from manifestly unfounded or abusive civil proceedings with cross-border implications, including early dismissal tools and remedies for targets of SLAPPs. It was adopted in April 2024 and the transposition deadline was 7 May 2026.

Monitoring by IPI shows that while in some of the countries identified, such as Greece and Spain, steps have been taken to prepare for the transposition and bills are actively in development and reportedly close to being presented to or adopted by parliament.

In others such as Bulgaria and Portugal, initial work done to develop legislation has been delayed by institutional changes, changes in governments or political instability, though transposition work remains ongoing.

In other states, such as Italy and Hungary, little to no measurable progress has yet been made on transposition. However, with the new Tisza government in Hungary driving forward media freedom reforms, there is hope the new administration will introduce initial anti-SLAPP measures in the next legislative package identified for the autumn.

While Ireland has been actively working to tackle SLAPPs through legal reforms, and passed the Defamation Bill in 2024, further legislation is required to fully transpose the Anti-SLAPP Directive during its Presidency of the Council of the EU.

Although these 14 countries have been identified in the EU action, monitoring and analyses show that the overall picture for implementation of the Directive across the EU remains fragmented and uneven.

According to the European Anti-SLAPP Monitor, almost all EU Member States missed the May 2026 transposition deadline, with only a handful fully implementing on time.

IPI notes that even in those Member States where the Directive was implemented, such as Malta, these reforms only included minimum standards protecting against cross-border cases, and failed to include measures to safeguard against domestic SLAPPs.

In the wake of the EU’s opening of initial infringement action, IPI renews our call – made previously with Media Freedom Rapid Response (MFRR) partners – for Member States to demonstrate their commitment to media freedom by accelerating their legislative processes in protecting against SLAPPs. This includes the 14 countries identified by the EU Commission and those in which reforms have been presented but not yet adopted.

Crucially, legislative reforms should both fully reflect both the letter and the spirit of the Anti-SLAPP Directive and introduce the substantive and procedural safeguards set out in the EU and Council of Europe Recommendation on SLAPPs.

A model here should be Poland, where last month the President approved a law which covers both domestic and cross-border SLAPPs, ensuring implementation of both EU Directive and Council of Europe Recommendation.

Member States which continue to delay or fail to transpose the directive should face legal action from the Commission, which must use all tools at its disposal to help safeguard media freedom across the bloc.

IPI, which has advocated at the EU and national level for measures to protect journalists and media from SLAPPs, will continue to monitor implementation in collaboration with European partners, including through MFRR media freedom missions.

Source: ipi.media/

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NGO WORK

No Heritage Without its People: Why Ngorongoro Cannot be a World Heritage Site and an Eviction Zone

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The Tanzanian government, under the guise of “conservation,” restricts Maasai livelihoods and denies access to essential services forcing Indigenous residents away from their ancestral lands and turning their heritage into a playground for safari tourists.

As the 48th Session of the World Heritage Committee begins July 19, UNESCO continues to legitimize the continued forced displacement of the Maasai from Ngorongoro. If UNESCO cannot ensure that the World Heritage designation protects the rights of its Indigenous custodians, then the Committee must remove the Ngorongoro Conservation Area from the World Heritage List.

Increased international pressure is imperative to hold UNESCO accountable and protect the lives and rights of the Maasai!

Read our Open Letter to the World Heritage Committee.

Source: oaklandinstitute.org

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