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EU vote on corporate sustainability due diligence fails to fully recognise key role of human rights defenders

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JOINT STATEMENT

Last week the European Parliament’s legal affairs (JURI) committee adopted its position on the proposed EU Corporate Sustainability Due Diligence Directive. Amid strong pressure, the text is a significant step towards ensuring mandatory human rights and environmental due diligence across the full value chain. It includes several important improvements and goes a long way towards aligning with the UN Guiding Principles on Business & Human Rights and OECD Guidelines for Multinational Enterprises.

However, as organizations working closely with Human Rights Defenders (HRDs) across the globe, we are concerned that the text, compared to the European Parliament (EP) Rapporteur’s draft, the human rights, development and environment committees’ opinions and other positions, constitutes a missed opportunity to explicitly recognise and protect defenders as affected and legitimate stakeholders.

Defenders play a critical role in protecting human rights and the environment, but their work exposes them to enormous risks, too often resulting in reprisals and tragically the loss of life.

In 2022, Front Line Defenders and its HRD Memorial partners documented the death of 401 defenders worldwide – 48% of whom were HRDs defending land, environmental and indigenous peoples’ rights.

Business & Human Rights Resource Centre (BHRRC) documented over 4,700 attacks on defenders related to business activities since 2015, which highlights this is a salient human rights issue in many business sectors. In a report released on Wednesday, BHRRC shows that 555 attacks took place in 2022 alone, revealing that on average more than 10 defenders were attacked every single week for raising legitimate concerns about irresponsible business activity. Indigenous defenders and communities continue to face disproportionate risks. Additionally, BHRRC data shows that approximately 1/3 of all attacks in 2020 stem from a lack of consultation or the failure to secure the free, prior and informed consent (FPIC) of affected indigenous peoples and affected local communities with customary tenure rights. In many cases, attacks can be traced directly back to business actors: for example, strategic lawsuits against public participation (SLAPPs) are one well-documented tactic used by businesses to stop people raising concerns.

At the same time, while there is growing business acknowledgement of HRDs as affected stakeholders, the particular risks and impacts they face are still not sufficiently recognised by many EU companies. The 2021 UN Working Group on Business & Human Rights’ authoritative guidance clearly states that lead firms may cause, contribute to or be linked to such impacts across their value chains.

In light of the above, the final JURI text, despite promising elements regarding stakeholder engagement, reference to the Aarhus Convention and FPIC, as well as removal of some obstacles to access to justice, misses out on covering human rights defenders more comprehensively and explicitly beyond ‘other stakeholders’ to be consulted. There must be no ambiguity regarding the urgency of engaging with HRDs and ensuring their protection from retaliation and other adverse impacts as affected stakeholders.

A recent Front Line Defenders report documented three case studies – from Colombia, India and Uganda – demonstrating how HRDs and their communities would be better protected by a strong EU Directive that explicitly places defenders at its core.

For ILC, the protection of land and environmental defenders remains a top priority. The draft EU law is a huge step forward for communities across the globe. But to be effective it must be explicit in protecting Human Rights Defenders and how one can enforce those rights in case of violations
Eva Maria Anyango Okoth, HRD from Kenya, and the Senior Program Officer for Africa at the International Land Coalition (ILC)

As the negotiations move to the next step, the plenary vote in the European Parliament and then the trilogue negotiations, we reaffirm that to fully protect and recognise HRDs, it is critical that the legislation avoids ambiguities in protections and retains strong language that had been included in earlier drafts, including the EP Rapporteur’s proposal and the opinions from the human rights, development and environment committees. At a minimum we recommend that the final text of the Directive as agreed by co-legislators:

  • explicitly includes Human Rights Defenders as affected stakeholders in the corresponding stakeholder definition and covers them as such in provisions on mandatory stakeholder engagement, grievance mechanisms and non-retaliation;
  • similarly recognises organizations protecting human rights and the environment in the same definition and provisions; and
  • includes the UN Declaration on Human Rights Defenders, which breaks down key human rights for the specific context of defenders, in the Annex, along with important additional references e.g. to the Escazú Agreement.

We also point to concerns outlined by civil society organizations about the text’s remaining shortcomings regarding access to justice and other areas, both for defenders and all other rightsholders.

Source: Business & Human Rights Resource Centre

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NGO WORK

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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New billion-dollar loans to fossil fuel companies from SEB, Nordea and Danske Bank.

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After thousands of protests, Swedbank has stopped lending to oil companies, as Handelsbanken has done before. But SEB, Danske Bank and Nordea continue to pump billions into the fossil fuel industry, despite the banks’ climate promises. This is shown by our and the Swedish Society for Nature’s New Review.

– The banks must stop financing the hunt for more fossil fuels, it completely undermines the climate transition. I don’t think Swedish bank customers appreciate their money were used in this way, says Jakob König, who heads the Fair Finance Guide.

60 new billions to fossil fuel companies

The New Report Banking on Thin Ice 3 shows that SEB, Nordea and Danske Bank, despite promises of climate responsibility, have given over SEK 60 billion in new loans to fossil fuel companies in the last two years. This is almost four times the Swedish government’s total climate and environmental budget for 2025. Almost SEK 22 billion has gone to companies drilling for new oil and gas discoveries. Expanding the extraction of fossil energy is contrary to the climate goals of the Paris Agreement.

“The banks have long responded to criticism by saying that they are helping the oil companies to adjust. But the companies are in the completely wrong direction by increasing their extraction instead of phasing it out. Now the banks must stop the loans just as Handelsbanken and Swedbank have done, says Karin Lexén, Secretary of the Swedish Society for Nature Conservation.

Funding oil exploration in the Arctic and Africa

The Swedish-financed oil hunt is ongoing in several parts of the world. Eight billion SEK has gone to companies looking for more oil discoveries in the Norwegian Arctic, where nature is particularly sensitive and species such as seals, dolphins and whales are threatened by extraction. Last year, Norway quadrupled the number of extraction licenses sold in the Arctic compared to the year before. A of majority the licensees were by purchased Norway’s Aker BP, which is also the oil company that has been the largest loan from Swedish banks, a total of seven billion SEK from SEB and Nordea.

The banks have also lent SEK 5.7 billion to companies drilling for oil in African countries. Extraction there is becoming all risky as companies seek ever greater depths to find new deposits. In Namibia, oil drilling at depths of up to 3,000 meters. Other countries where the Swedish-financed companies are active are Congo, Ghana, Nigeria and Aquatorial Guinea.

Swedbank stops oil loans

The report, however, shows that Swedbank has stopped lending to oil companies, just as Handelsbanken did two years ago. This is likely a result of the thousands of customer protests that our previous reviews have given rise to, as well as the motions that have been put forward at the banks’ general meetings. Swedbank and Handelsbanken are now among a small group of banks in the world that have stopped lending to oil companies.

– It is gratifying that another major Swedish bank has become an international role model when it comes to sustainable financing. Now more must follow suit and take responsibility, because there are still large fossil fuel companies that receive loans to continue operations that exacerbate the climate crisis, says Karin Lexén.

Original: fairfinanceguide-se

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World Bank Project Cancelled in a Landmark Victory for Tanzanian Villagers

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—FOR IMMEDIATE RELEASE—

January 21, 2025; 9:00 AM PST

Media Contact: amittal@oaklandinstitute.org, +1 510-469-5228

  • In a major victory for Tanzanian pastoralists and farmers, the World Bank funded REGROW project, which enabled extrajudicial killings, human rights abuses, livelihood restrictions and forced evictions to expand Ruaha National Park (RUNAPA) is cancelled.
  • Amidst an ongoing investigation by the independent Inspection Panel, the Bank first suspended the project in April 2024, citing the Tanzanian government’s noncompliance with safeguards for resettlement and grievance mechanisms.
  • The cancellation comes after nine United Nations Special Rapporteurs expressed their concerns and demands to the Tanzanian government and the World Bank around forced evictions and human rights abuses linked to the project.
  • Over 84,000 people in 28 villages remain at risk of eviction, abuses, and livelihood restrictions. Impacted communities call on the World Bank and the government of Tanzania to cancel the park expansion so they can remain on their lands and reclaim their lives.

Oakland, CA – The World Bank’s US$150 million Resilient Natural Resource Management for Tourism and Growth (REGROW) project in Tanzania is cancelled. The decision came after 16 months of advocacy by the Oakland Institute to hold the Bank accountable for enabling the expansion of RUNAPA and supporting TANAPA, the paramilitary Tanzania National Parks Authority. Its rangers are responsible for egregious human rights abuses, including extrajudicial killings and crippling livelihood restrictions that have terrorized farmer and pastoralist communities in the Mbarali District. The expansion of the Park from one to over two million hectares threatens over 84,000 people.

“This landmark decision is a major victory for the villagers who courageously stood up to stop the project,” said Anuradha Mittal, Executive Director of the Oakland Institute. “Though forced to stop funding the terror it unleashed, the Bank must now urgently address the serious harms it has enabled and respond to the demands of the communities whose lives are on hold.”

Villagers mobilizing against World Bank-funded evictions in Tanzania

When initially informed of the abuses and violations of its own safeguards in April 2023, the World Bank failed to take action. In June, the Institute filed a request for inspection on behalf of the impacted villagers with the Bank’s Inspection Panel and followed up in September 2023 with a widely covered report, Unaccountable & Complicit.

As a result, the Inspection Panel launched an investigation in November 2023. Amidst the investigation, in a rare move, the World Bank suspended disbursements to the project in April 2024, citing(link is external) the Tanzanian government’s “non-compliance with their Environmental and Social (E&S) obligations… non-compliance related to involuntary resettlement planning activities taking place in RUNAPA,” as well as the absence of a grievance redress mechanism. Continued advocacy led to the project being eventually cancelled in November 2024.

Additional pressure(link is external) to hold the Tanzanian government and the World Bank accountable came from nine United Nations Special Rapporteurs who urged “all necessary interim measures … to prevent any irreparable harm” to affected villagers.

“The initiative of the UN experts is vital given the extent of abuses inflicted by paramilitary rangers on local communities in a country where there is no rule of law,” continued Mittal. “The government and the Bank must be held accountable for the harms caused by their disregard for basic human rights for the sole purpose of increasing tourism revenue,” she concluded.

Impacted communities are demanding the following actions:

  1. Removal of beacons placed marking the expansion of the park and to officially revert park boundaries to the 1998 borders established by GN 436a.
  2. Provide comprehensive compensation for damages incurred by livelihood restrictions and violence inflicted by TANAPA rangers, including:
    1. Value of fines paid by pastoralists to reclaim cattle illegally seized.
    2. Value of cattle auctioned.
    3. Compensation for the loss of agricultural production for three seasons (2023, 2024, 2025).
    4. Compensation for the victims of violence and killings by TANAPA.
  3. Establish a multistakeholder independent mechanism to oversee reparations.
  4. Restore social services to villages impacted by GN 754.
    1. Complete construction on Luhanga Secondary School and provide it with government teachers.
    2. Reopen Mlonga Primary School that was closed in October 2022.
    3. Ensure all villages located within GN 754 boundaries are provided with the power, water, and social services they are entitled to like other villages.

“We call on the World Bank to fully assume its responsibility and urgently take these necessary steps to answer our pleas for justice. Our lives are on hold as the threat of eviction looms over us every single day. Our livelihoods have been undermined for years, our children are out of school, our farms sit fallow and our cattle are still being forcibly seized. We cannot continue living like this. The Bank must adequately address our past and ongoing suffering.”

– Statement by impacted villagers in Mbarali, January 2025

Source: oaklandinstitute.org

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