Connect with us

NGO WORK

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

Published

on

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

Continue Reading

NGO WORK

Opinion: Why we cannot celebrate the World Bank’s 80-year anniversary

Published

on

This July, the World Bank Group celebrates its 80th anniversary. But for women and communities across the Global South there is nothing to celebrate. In this op-ed originally published by Devex on 19 July 2024, three close partners of the Coalition (Titi Soentoro from Aksi!, gender, social and ecological justice” – Indonesia; Verónica Gostissa from Asamblea Pucara – Argentina; and Mbole Veronique from Green Development Advocates – Cameroon) share stories from their countries showing how the World Bank is exacerbating the exact problems it claims to solve.

This July, the World Bank Group celebrates its 80th anniversary. But for us — women rights defenders from Asia, Africa, and Latin America — there is nothing to celebrate.

While the World Bank is proudly presenting its successes in fighting poverty and building a greener future, the stories of communities in our countries paint a very different picture. From recent controversial projects to old ones where communities never found justice, the World Bank has a 80-year legacy of harm and impoverishment.

The negative impact of development projects can be long lasting. In 1985, the World Bank funded the Kedung Ombo Dam in Indonesia. Over 27,000 people were forcibly and violently evicted, with the military threatening those trying to resist. Forty years later, the harm inflicted remains unaddressed. Resettled women don’t have close access to water sources, health facilities, and a market. Pregnant women have failed to get checkups, while children have often dropped out of school and are being forced into early marriages. Yet, despite acknowledging the harm it caused, the World Bank keeps replicating old mistakes.

 

thumbimage

Nachtigal hydropower project. Photo: World Bank Group

 

In 2022, a community in Cameroon filed a complaint raising serious concerns about the World Bank-funded Nachtigal hydroelectric project, one of the largest dams in Central Africa. Imposed without people’s participation, the project is destroying livelihoods, taking lands, causingdeforestation, and destroying sacred sites. Our Cameroonian sisters are particularly affected: They have lost access to the forests where they used to pick medicinal herbs and other key natural resources. The complaint process has come to an end, but the hopes for justice are extremely limited. The investigations conducted by the bank’s accountability mechanisms are known to be extremely lengthy — and only rarely lead to some remedy.

Civil society has been calling on the World Bank Group to strengthen its safeguards and accountability mechanisms, which are currently falling short of a human rights-based approach. But for every step forward, there has been a step back. Moreover, safeguards have often been used as a pretext to protect the institution from the international human rights legal system and to avoid applying more stringent standards.

Under its new president, Ajay Banga, the World Bank has been undertaking a series of reforms, to become bigger and bolder in its response to climate change. But the bank’s actions appear to indicate more of the same. Beyond the catchy slogans, the World Bank is still replicating a top-down and neocolonial development model that ends up exacerbating the exact problems the bank claims to solve. For example, in Indonesia the World Bank Group — despite its pledges to address climate change — is funding the expansion of the Java 9 and 10 plants, considered the largest and dirtiest coal plants in Southeast Asia.

In its 80 years of existence, it is our view, as shared with other civil society groups, that the World Bank has fueled the spiraling debt crisis, growing inequality, and climate change, with a disproportionate impact on women and children. Some stories — like the scandal of the child sex abuse case in Kenyan schools funded by the World Bank — have hit the headlines. Others, unfortunately, have remained largely unreported.

 

litio catamarca comunidad indigena. fallo 001

Indigenous activists in the Salar del Hombre Morto. Credit: Susi Maresca

 

Last year, the International Finance Corporation — the World Bank’s private arm — approved a  $180 million loan to Allkem, for its Sal de Vida lithium mining project in Argentina’s Salar del Hombre Muerto. On paper, this investment falls under the bank’s green portfolio, because lithium is needed for the electric car batteries. In reality, this project has a catastrophic environmental impact, dried up one of the most important rivers in the area,, and violates the rights of the local Indigenous communities.

Before the project was approved, local communities and civil society organizations had sounded the alarm bell. They had prepared briefings on the project’s impacts and engaged with IFC to raise their concerns. But despite being recognized as “beneficiaries,” local communities say they are routinely ignored or silenced. The bank approved the loan without the community’s consent and did not take any action when local activists were threatened and criminalized.

As women defenders and caregivers, for generations we have been protecting our ecosystems sacrificed in the name of development and cared for our communities harmed under the pretext of economic growth. For generations, we have stood in solidarity with our sisters and brothers across the world who have been demanding a different type of development.

The World Bank cannot get it right by putting blinders on the past. The evicted Indonesian communities will not get their flooded land back. The women in Cameroon will not be able to access their precious medicinal herbs, as their forests have been cleared. And the Indigenous people in the Salar del Hombre Muerto lost their meadow near the river Trapiche, which dried up because of the huge volumes of fresh water used to extract lithium. But the World Bank is still on time to withdraw from controversial new projects, to provide remedy to the harmed communities, to speed up the investigation processes, and to seek meaningful consent before building something. Eighty years are enough. If bank President Banga wants the institution to grow bigger, it should learn from the past as it looks forward.

Original Source: Coalition for Human Rights In Development.

Continue Reading

NGO WORK

New publication: Promise, divide, intimidate, and coerce: Tactics palm oil companies use to grab community lands. Summary Edition

Published

on

Recently, the Informal Alliance against industrial oil palm plantations in West and Central Africa has launched a new summary edition of the booklet “Promise, divide, intimidate, and coerce: Tactics palm oil companies use to grab community lands”.

Recently, the Informal Alliance against industrial oil palm plantations in West and Central Africa has launched a new summary edition of the booklet “Promise, divide, intimidate, and coerce: Tactics palm oil companies use to grab community lands”.

This new edition consists of a collection of more than 20 tactics that oil palm companies use to grab people’s land for plantation expansion. It is the result of many years of experience of community activists and grassroots groups who have been struggling to resist the corporate takeover of community lands.
Although the focus is on the tactics of oil palm corporations, many similarities exist with other industries and sectors involved in land grabs and extractivism. The booklet is available in French here, and in English here. If you think the booklet would be useful in other languages too, do not hesitate to let us know!

The the long version, from 2018, is available here: French / English.

Source: World RainForest Movement.

Continue Reading

NGO WORK

Global Witness condemns escalating arrests of climate campaigners in Uganda

Published

on

A total of 96 cases of people being detained or arrested for opposing the controversial East Africa Crude Oil Pipeline (EACOP) have been reported in the past nine months, with the number of arrests skyrocketing in recent months.

In December, Global Witness released a report ‘Climate of Fear’ documenting reprisals against land and environmental defenders challenging plans to build the world’s longest heated crude oil pipeline through both Uganda and Tanzania. At the time, 47 people had been arrested for challenging the pipeline in Uganda between September 2020 and November 2023. Double the number of incidents have since been reported in less than a year.

Reports of attacks and threats have continued despite the French oil major behind the project TotalEnergies “expressing concern” to the Ugandan government over arrests in May 2024. Since then, the state crackdown has stepped up against a civil society mobilising to protest the pipeline.

Global Witness is calling on TotalEnergies to meet prior public commitments to respect the rights of human rights defenders and to take immediate action to end the violent crackdown on climate campaigners in Uganda.

Hanna Hindstrom, Senior Investigator at Global Witness’s Land and Environmental Defenders campaign, said:

“The tsunami of arrests of peaceful demonstrators fighting EACOP has exposed the limits of TotalEnergies’ commitment to human rights.

“The company cannot in good conscience press ahead with the pipeline while peaceful protesters are being attacked for exercising their right to free speech. It must adopt a zero-tolerance approach to reprisals.”

On 9 August, 47 students and three drivers were intercepted on their way to protest the pipeline and diverted to a police station. Just six weeks earlier, 30 people were arrested outside the Chinese embassy. In early June, environmental campaigner Stephen Kwikiriza was abducted and detained by the army, who reportedly beat him and dumped him on the side of a road a week later.

NGOs working on environmental conservation and oil extraction have also reported that their offices have been raided, and their staff intimidated and harassed, which has deterred many from speaking out about the pipeline.

Hindstrom added:

“Climate activism is under threat around the world, while fossil fuel companies quietly benefit. European oil companies cannot absolve themselves from responsibility while their investments fuel climate destruction, reprisals and violence overseas.”

Original Source: globalwitness.org

Continue Reading

Resource Center

Legal Framework

READ BY CATEGORY

Facebook

Newsletter

Subscribe to Witness Radio's newsletter



Trending

Subscribe to Witness Radio's newsletter