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Human rights defenders & business in 2022: People challenging corporate power to protect our planet.

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“All over the world the positive achievements of human rights defenders too often go unrecognised. Defenders are targeted because they confront powerful vested interests by protecting our natural resources and shared climate, defending labour rights, exposing corruption, and refusing to accept injustice. As we mark the 25th anniversary of the Declaration on Human Rights Defenders, States can and should do more to protect defenders, including by passing mandatory human rights and environmental due diligence legislation that requires businesses to engage in ongoing, meaningful engagement with defenders and other stakeholders.


– Mary Lawlor, UN Special Rapporteur
on the situation of Human Rights Defenders

Every day, people across the globe are taking action to protect their communities, environments, and livelihoods from irresponsible business practice and demanding that companies uphold their responsibility to respect human rights, sometimes at great personal cost. Our data tracking attacks against these human rights defenders reveals the majority are against people raising concerns about harm to our shared environment.

This includes community members using direct action to stop logging in conservation areas in Malaysia, Indigenous leaders in Mexico protecting rivers and local biodiversity from harms caused by hydroelectric projects, and journalists reporting on environmental pollution in Serbia.

Despite the significant challenges they face, defenders are achieving victories worldwide. In 2022 defenders in Sierra Leone successfully advocated for a new law protecting customary land rights and banning industrial development in protected and ecologically sensitive areas; environmental justice groups in Louisiana’s “cancer alley” in the United States halted two large petrochemical projects; garment workers in Pakistan’s Sindh province won a 40% increase in minimum wage; women human rights defenders were elected to senior political positions in Brazil and Colombia, and after years of advocacy by Indigenous women leaders and organisations, the Committee on the Elimination of Discrimination Against Women adopted General Recommendation 39 on Indigenous Women and Girls – the first language in a binding international treaty focused on the rights of Indigenous women and girls.

As we mark the 25th anniversary of the Declaration on Human Rights Defenders, we celebrate the courage, creativity, and commitment of these people, organisations, and communities across the globe who are protecting our rights and shared planet.

Yet, human rights defenders continue to face intolerable levels of risk and harm. In their vital work to promote human rights and protect the environment, they confront powerful actors and interests. They raise concerns about companies and investors engaged in irresponsible practice, governments failing in their duty to protect human rights, and other non-state actors profiting from environmental destruction. They do this work in increasingly restrictive environments, where anti-protest, terrorism, defamation, and “foreign agent” laws are used to silence dissent. According to CIVICUS, 2022 was marked by a serious decline in civic space, with only 3% of the world’s population living in countries with open civic space, where the freedoms of peaceful assembly, association, and expression are respected.

The scale of lethal and non-lethal attacks against people defending our rights, natural resources, and environment from business-related harms shows the failure of governments to protect human rights and that voluntary action by companies and investors is insufficient to prevent, stop, and remedy harm. It reinforces the need for mandatory human rights and environmental due diligence legislation grounded in safe, ongoing and effective rights-holder engagement, respect for the process of free, prior and informed consent (FPIC) of Indigenous peoples, and strong safeguards for human rights defenders, as well as further government action to protect the people who are at the forefront of protecting our planet.

Between January 2015 – March 2023, the Business & Human Rights Resource Centre tracked more than 4,700 attacks against human rights defenders raising concerns about harmful business practice. In 2022 alone, we tracked 555 attacks, revealing that on average more than 10 defenders were attacked every single week for raising legitimate concerns about irresponsible business activity. Three-quarters of attacks (75%) were against climate, land and environmental defenders. Over a fifth of attacks (23%) were against Indigenous defenders, who are protecting over 80% of the world’s remaining biodiversity, although they comprise approximately 6% of the global population.

This is just the tip of the iceberg. Our research is based on publicly available information and as many attacks, especially non-lethal attacks (including death threats, judicial harassment and physical violence), never make it to media sources and there is a significant gap in government monitoring of attacks, the problem is even more severe than these figures indicate.

Global picture

Attacks against human rights and environmental defenders occur in every region of the world. Since we began tracking in 2015, Latin America and Asia and the Pacific have consistently been the most dangerous regions for defenders.

In 2022, the highest number of attacks on defenders raising concerns about business-related harms occurred in Brazil (63 recorded incidents of attack, affecting one or more defender), India (54), Mexico (44), Cambodia (40), the Philippines (32), Honduras (31), Belarus (28), Peru (23), Colombia (20), and Uganda (17). Learn more about our research methodology.

Types of attacks

Defenders are subjected to a range of attacks, including both killings and non-lethal attacks, such as threats, smear campaigns, arbitrary arrest, strategic lawsuits against public participation (SLAPPs), and physical and sexual violence. Most (86%) of the attacks we tracked in 2022 were non-lethal, which are often precursors to lethal violence and warning signs to States to increase protection efforts.

Non-lethal attacks are generally left uninvestigated and unpunished, which can have a chilling effect on the work of defenders and promote impunity that feeds further violence where defenders persist in their critical work. The Esperanza Protocol, launched in December 2021 by civil society organisations and experts in international law, provides guidelines based on international human rights law to support the investigation, prosecution and punishment of threats against defenders by governments and ultimately create an enabling environment for the defence of human rights worldwide. While the protocol largely focuses on the duty of States, it also notes business actors must ensure their activities, actions, and omissions do not lead to threats against defenders and address any harms to defender

Peru

Oscar Mollohuanca Cruz was a former mayor of the Espinar district in Peru and a human rights and environmental defender. In 2012, alongside other community members, he raised concerns about environmental contamination and harm to human health related to copper mining in the region. 

In 2016, along with two other defenders, he was criminally indicted on charges of endangering public safety, obstruction of public services and disturbing the peace related to his activism and the protests in 2012. The three defenders faced eight years in jail for the first two charges and seven for the third one, in addition to fines of 27,000 EUR (100.000 soles). They were acquitted on 17 July 2017, however on 10 May 2018, the First Criminal Appeals Chamber of the Ica High Court of Justice overturned the acquittal and ordered the trial to be initiated once again.

In November 2021, Oscar participated in the National Campaign of Environmental Defenders in Peru where he shared his concerns about the lack of protection of defenders in the country and the urgent need for protecting the right to defend human rights. On 7 March 2022, Oscar was found dead with injuries on his body.

Judicial harassment

Many governments are not only failing in their duty to protect human rights but also actively targeting defenders through their legal systems or facilitating use of these systems by private actors to target defenders. Judicial harassment, which includes arbitrary detention, unfair trials, and other forms of criminalisation, continues to be prevalent worldwide. It also includes strategic lawsuits against public participation (SLAPPs), lawsuits initiated or brought by business actors against people and groups for exercising their rights to participate in, comment on, or criticise matters of public concern. Judicial harassment causes significant stress and harm to defenders and diverts time away from their human rights work while draining their resources. It can have a chilling effect, deterring others from speaking out against abuse. Jointly, these forms of judicial harassment comprised nearly half (47%) of the cases we tracked in 2022 and 51% of cases since 2015.

Bosnia & Herzegovina

Sunčica Kovačević and Sara Tuševljak are 25-year-old law students who formed a group comprised of local community members and activists organizing against the construction of small hydropower plants in the Kasindolska river in East Sarajevo, Bosnia and Herzegovina. This initiative raised concerns about the environmental and human rights impacts of hydropower plants operated by BUK d.o.o, a subsidiary of Belgian-based company Green Invest. In January 2022, Green Invest brought three defamation lawsuits, which bear the hallmarks of SLAPPs, against Sunčica and Sara and they have been threatened with further legal action.

The Resource Centre sought a response from Green Invest, which stated the lawsuits were filed to stop the defamation against the company. A rejoinder from Riverwatch, EuroNatur, Foundation Atelier for Community Transformation – ACT, Save the Blue Heart of Europe, and Stop Building Small Hydropower Plants on Kasindolska River expressed support for the defenders.

 

ACT – Foundation for social change

Gendered nature of attacks

During 2022, nearly one-quarter of attacks were against women human rights defenders. While defenders of all genders are targeted due to their human rights work, women human rights defenders challenging both corporate power and patriarchal gender norms often endure specifically gendered attacks. This includes online threats and harassment of a sexualised nature and smear campaigns criticising women for spending time on activism rather than caretaking in the home. In research by the SAGE Fund about women defending their lands, territories, resources and the climate from extractive projects, many women interviewed said the psychological harm from online smear campaigns was one of the most significant and long-term forms of structural harm they face.

These tactics are meant to stigmatise, isolate and silence women defenders. Due to patriarchal power dynamics, women human rights defenders often also face risks in different spheres, including in their societies, communities and families. They may experience discrimination or violence in the movements and organisations they work with, criticism from their families or communities for their human rights work, and intimate partner violence at home. While defenders of any gender face barriers to justice and remedy, these difficulties are compounded for women human rights defenders due to gender-based discrimination and violence, and even more challenging for women facing multiple forms of discrimination on the basis of race, ethnicity, ability and other identities.

Sector overview

Attacks against defenders occur in relation to almost every business sector in every region of the world. The four most dangerous sectors in 2022 related to natural resources. Short term profit-driven extractive approaches which have underpinned the global energy model are core drivers of attacks on defenders and have not provided many of the economic benefits or development promised to communities and countries.

Mining has consistently been the most dangerous sector for defenders since we began tracking in 2015, showing little progress to prevent attacks. Nearly 30% of attacks in 2022 were connected to mining, and the sector is even more dangerous for Indigenous defenders – 41% of attacks against Indigenous peoples in 2022 related to mining.

This is particularly concerning given that International Energy Association projections point to a six-fold increase in demand for transition minerals (e.g., copper, cobalt, lithium, nickel, manganese, zinc, as covered in our Transition Minerals Tracker, as well as rare earths) by 2040. In addition, a 2022 study found that half of the world’s resource base for crucial energy transition materials is located on or near Indigenous Peoples’ lands. Lithium mining is of particular concern: according to the study, 85% of current and planned lithium extraction projects are located on or near land managed or inhabited by Indigenous peoples.

Mining for transition minerals, as well as land-intensive renewable energy projects, are already causing widespread abuse of land, water and Indigenous peoples’ rights. Our Transition Minerals Tracker revealed the world’s biggest producers of six key minerals needed for the zero-carbon transition are largely failing to address risks and impacts on local communities, including attacks on civil society organisations and their leaders. This approach to the transition will also continue to fuel opposition, conflict, and result in delays to both projects and achieving our global climate targets. Such conflict has already resulted in at least 369 attacks on defenders related to renewable energy projects since 2015, including 98 killings. In addition, we have tracked at least 148 attacks related to transition mineral mining between 2010 and 2021, making up over a quarter of the 517 attacks recorded with links to renewable energy value chains – from mineral extraction through to installations.

Despite these risks, human rights and environmental defenders are at the forefront of advocating for a rights-respecting, more sustainable energy transition which does not replicate harmful extractive models of past and present. They are also innovating and reimagining the energy sector based on equity. We are seeing a small, but growing, adoption of equity model frameworks where renewable energy companies design projects with Indigenous communities based on the principles of co-ownership and sustainable shared benefit, which is essential for a rights-based and sustainable transition.

Perpetrators of attacks

As many attacks involve collusion between State, private sector and other non-state actors in contexts with high levels of impunity, perpetrators are often difficult to identify. In cases where attacks could be connected with a specific company or a business project (43% of total attacks in 2022), the highest number of attacks related to companies headquartered in India and the United Arab Emirates. Both countries have tried to position themselves as global and environmental leaders and are hosting major multilateral events in 2023 – G20 and COP28, respectively. In addition, Brazil, set to host the G20 presidency in 2024, is the most dangerous country overall for defenders raising concerns about business. This worryingly signals that the countries charged with steering collective action on climate and global economic and financial stability are failing in their duty to protect human rights and to hold companies headquartered in their countries to account when they violate the rights of defenders.

The five companies whose operations, value chains, or business relationships were connected to the highest numbers of attacks in 2022 were JSW Steel Ltd. (India), Otterlo Business Corporation (UAE), TotalEnergies (France, East African Crude Oil Pipeline majority shareholder), Inversiones los Pinares (Honduras), and NagaCorp Ltd and its subsidiary NagaWorld (Cambodia) (more information about the allegations can be downloaded here). These include any attacks against defenders raising human rights concerns about these companies’ operations, value chains, or business relationships, even if the company did not perpetrate the attack directly.

We invited these companies to respond. JSW Steel Ltd. and TotalEnergies responded; their full responses are available here. Otterlo Business Corporation, Inversiones los Pinares, and NagaCorp did not respond.

There are many ways companies can be involved with attacks on defenders, including:

  • Calling police or state security forces to disperse a peaceful protest at one of their operation sites;
  • Threatening, firing or calling for the arrest of union leaders;
  • Cooperating with state repression, such as by providing services or products that enable surveillance of journalists and other defenders; and
  • Initiating lawsuits against defenders for defamation, damages or incitement to commit a felony; and
  • Lobbying for policies that restrict civic freedoms, such as “anti-protest” laws and actions that lead to criminalisation of defenders.

Less obvious tactics to silence defenders and undermine their rights include providing incentives for some community members to create divisions, obstructing unionisation, disseminating distorted information about projects, lobbying against regulation intended to protect human rights and the environment, and exploiting governance gaps for corporate benefit, among others.

According to the UN Guiding Principles on Business and Human Rights and subsequent guidance, if business actors are causing or contributing human rights abuse affecting defenders, their responsibility is clear-cut: end the abuse and address and remedy any harm. Even in cases where there are no apparent direct links between companies or investors and attacks, business actors with operations, supply chains, business relationships and/or investments are expected to proactively use their leverage to promote respect for the rights of defenders and civic freedoms. In addition, restrictions on civic freedoms signal riskier contexts for investment and economic activity and create an “information black box” for companies and investors, making it more difficult to engage in robust human rights due diligence.

Other non-state actors involved with attacks on defenders include illegal miners, loggers and organised criminal groups. Illegal mining and logging – extraction of these natural resources undertaken without appropriate land rights, exploration licenses or transportation and other permits – are often associated with significant human rights abuses, environmental harm and corruption. Lack of transparency in precious metal supply chains, weak regulation in both producing and consumer countries, the potential for significant profit, and high levels of impunity fuel exploitation in this sector.

People who raise concerns about illegal mining and logging are protecting their land, clean water, and biodiversity; combating pollution and deforestation; and helping to address the climate crisis. They often face threats and violence from those involved with this illegal exploitation of resources. While companies are not direct perpetrators of these attacks, these illegally extracted resources often end up in their supply chains, showing a need for stronger human rights due diligence among sourcing companies.

State actors

Among the cases we tracked where information was publicly available about alleged perpetrators of attacks, the police were named most frequently, followed by the judicial system. The data we uncovered shows how governments are failing in their duty to protect rights and, further, are actively using agents and arms of the State – police, armed forces and the judicial system – to try to silence and stop human rights and environmental protection work. According to the UN Working Group on Business and Human Rights, governments have a duty to investigate, punish and redress all forms of threats and attacks against human rights defenders in a business context, yet many have a vested interest in these attacks happening under the radar given their involvement. In addition, very few States are collecting official data on lethal and non-lethal attacks.

Advances in legislation and voluntary commitments

Over the past two years, there have been several significant developments related to business and human rights defenders in both soft and hard law, driven by years of civil society advocacy. In 2021, the seminal interpretation of UNGPs by the UN Working Group on Business and Human Rights clarified the normative responsibility of business actors to respect the rights of defenders and highlighted the critical role played by defenders in human rights due diligence processes and in enabling business enterprises to understand the concerns of affected stakeholders. In addition, the Escazú Agreement – the first legally binding instrument in the world to include provisions on environmental human rights defenders and the first environmental agreement adopted in Latin America and the Caribbean – entered into force.

Milestones in 2022 and 2023 include:

  • Adoption of General Recommendation 39 on Indigenous Women and Girls by the Committee on the Elimination of Discrimination Against Women – the first language in a binding international treaty focused on the rights of Indigenous Women and Girls. The recommendation also acknowledges that Indigenous women and girls are at the forefront of demand and action for a clean, safe, healthy and sustainable environment.
  • Inclusion of strengthened stakeholder consultation requirements and the language of human rights defenders in the European Union corporate sustainability due diligence legislation text approved by the European Parliament’s Committee on Legal Affairs (JURI) on 25 April 2023, making it more likely that the final text of this historic corporate accountability legislation could include requirements related to defenders. At the same time, the language in the JURI committee’s position is in some ways weaker than the text proposed by lead MEP Lara Wolters in her earlier draft report. The EU Council’s General Approach adopted by Member States on 1 December 2022 also includes language on defenders and explicitly mentions them as stakeholders whose rights or interests could be affected by corporate activity.
  • Appointment of former UN Special Rapporteur on Human Rights Defender Michel Forst as the first-ever Special Rapporteur on Environmental Defenders under the Aarhus Convention, which protects the right to live in a healthy environment in the European Union. This is the first such mechanism specifically safeguarding environmental defenders to be established within a legally binding framework either under a UN system or other intergovernmental structure.
  • Consultations on the revision of the OECD Guidelines on Multinational Enterprises, in which civil society groups have urged strengthening the text on reprisals and explicitly including “human rights defenders”.
  • Several corporate and government commitments to the protection of civic space and human rights defenders as part of the US Summit for Democracy.

These and other developments signal momentum towards recognition of the need to prevent and address attacks against defenders raising concerns about business-related harms, including among companies themselves. For example, Hewlett Packard Enterprises enacted a policy commitment to respect the rights of marginalised groups (including defenders) in January 2022, and TotalEnergies published information about the actions it has taken with respect to human rights defenders and freedom of expression in Uganda (see also TotalEnergies EP Uganda’s human rights policy). In addition, the Voluntary Principles Initiative, a multi-stakeholder initiative that guides oil, gas and mining companies on how to conduct their security operations in a manner that respects human rights, will release guidance on defenders in 2023.

The scale and severity of attacks on people across the globe protecting our rights and environment clearly show the need for urgent action. We call on States to fulfil their duty to protect the rights of defenders and for business actors to respect the rights of defenders by acting on these recommendations.

 

Recommendations for states

  • Pass and implement legislation recognising the right to defend rights and the vital role of defenders, both individual and collective, in promoting human rights, sustainable development, and a healthy environment and committing to zero-tolerance for attacks (more detail recommendations available here). This must include legal recognition of the specific rights of Indigenous and Afro-descendant peoples (more detailed recommendations  available here).
  • Accede to or, if already ratified, fully implement key international and regional standards that protect the civic freedoms of defenders, including those raising concerns about harmful business practice.
  • Pass national laws to implement the UNGPs, including mandatory human rights due diligence legislation, and consult with defenders at all stages of this process. This legislation should mandate that business actors engage in ongoing safe and effective consultation with defenders and other rightsholders potentially or directly affected, should be an integral part of climate mitigation and adaptation plans, and should be aligned with the UN working group’s guidance on defenders and other key standards mentioned above (more detailed recommendations available here).
  • Collect and report data on non-lethal and lethal attacks to inform more effective protection mechanisms and passing anti-SLAPP legislation to prevent companies silencing defenders (more detailed recommendations available here).
  • Ensure effective remedy for violations when they occur, including by strengthening judicial systems to hold businesses accountable for acts of retaliation against defenders and actively participating in investigation and prosecution of those responsible for attacks.
  • Move towards supporting the adoption of a binding United Nations treaty on business and human rights and ensure that it explicitly recognises the risks defenders face and their right to defend human rights.

Recommendations for companies

  • Adopt and implement policy commitments which recognise the valuable role of defenders, reference specific risks to defenders, ensure effective engagement and consultation with defenders at all stages of the due diligence process and commit to zero-tolerance for reprisals throughout the company’s operations, supply chains and business relationships.
  • Create public commitments to respect fundamental rights with particular attention to rights often abused in connection with attacks on defenders, such as violations of land and Indigenous peoples’ rights.
  • Engage in and report on the results of human rights and environmental due diligence that integrates a gender perspective throughout and ensure effective access to remedy for those harmed by business activity, in accordance with the UNGPs, the UN Working Group’s guidance on ensuring respect for defenders, and the UN Working Group’s gender guidance.
  • Recognise that Indigenous defenders are disproportionately at risk, respect Indigenous peoples’ rights, grounded in their rights to self-determination; lands, territories, and resources; and right to free, prior, and informed consent, including their right to define the process by which FPIC is achieved and to withhold consent (more detailed recommendations available here).
  • Publicly recognise that defenders have a right to defend human rights, are essential allies in assisting businesses to adhere to their responsibilities under the UNGPs.

Recommendations for investors

  • Publish a public human rights policy which recognises the valuable role of defenders in identifying risks associated with business activities and commits to a zero-tolerance approach to attacks against defenders. Clearly communicate the human rights expectations included in this policy to portfolio companies, including that companies:
    ‣ disclose human rights and environment-related risks;
    ‣ engage in ongoing consultation with communities, workers and defenders;
    ‣ have policies and processes to respect Indigenous peoples’ rights (including land rights and free, prior and informed consent);
    ‣ respect the rights of defenders; and
    ‣ ensure effective access to remedy when harm occurs.
  • Undertake rigorous human rights and environmental due diligence that integrates a gender perspective throughout and review potential investees for any past involvement with retaliation. Avoid investing in companies with this track record.
  • Use leverage with investee companies which cause, contribute to, or are directly linked to human rights and environmental harms, including attacks on defenders, so that the company mitigates negative impacts and provides access to remedy to those affected.

Source: Business & Human Rights Resource Centre

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Bone dry: Agribusiness’ African water grab

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Since the early 2010s corporations have acquired over 7 million hectares of land for large-scale, industrial farms in sub-Saharan Africa, with most of these projects focused on producing water-intensive crops in already water-stressed regions. While the media spotlight is often on climate change-induced droughts, little is being said about the corporate-driven water scarcity these projects are inflicting upon people across Africa. Driven by the goal of expanding export production of water-intensive crops, governments are auctioning Africa’s water resources to the highest bidder. The new rush for land on the continent to grow trees for carbon credits is making this worse.

Water plundering

Only in the last 8 years, companies have signed land deals for over 5 million hectares for water-hungry plants in Africa. Take, for example, the New York-based company African Agriculture Holdings. It planned to use massive amounts of water from the Senegal River– the main water source for Dakar and several other major cities in Senegal, to produce alfalfa for export to South Korea and the Gulf states on 25,000 ha of land within a protected wetland. The company also planned to grow alfalfa on up to 500,000 hectares in neighbouring Mauritania, one of the most water stressed countries on the planet, and to plant a million water-hungry acacia trees in Niger to generate carbon credits. While it now appears that the company is heading for financial ruin, its CEO has already announced a new venture to grow maize on over 600,000 hectares in central Africa.

Development banks, like the African Development Bank (AfDB) and the World Bank, are working with African governments to bankroll a massive rollout of new irrigation projects across the continent to facilitate more of these agribusiness investments. In Tanzania, for instance, the government and the AfDB have budgeted hundreds of millions of dollars of public funds for large-scale irrigation projects with the private sector, with a stated goal of irrigating 8.5 million hectares by 2030– which is more than today’s total irrigated land area in all of sub-Saharan Africa.

 

In Kenya, President Ruto has pledged nearly US$500 million for irrigation projects nationwide, including the Rwabura irrigation project in Kiambu county, the Iriari project in Embu as well as the Kanyuambora irrigation project. The Kanyuambora, like the others, will draw water from the Thuci river and irrigate 400 hectares, which will be used to farm crops such as horticultural produce.

One company that intends to profit big from this expansion of irrigation in Tanzania, Kenya and other countries in eastern and southern Africa is South Africa-based Westfalia. The company, which is particularly active in avocado production, controls 1,200 hectares in South Africa and 1,400 in Mozambique. With support from South Africa’s government-owned Industrial Development Corporation and the World Bank’s International Finance Corporation, Westfalia is promoting the expansion of the avocado industry in countries such as Mexico, Peru, Chile and Colombia, where avocados have already fuelled a severe water crisis. Replicating this model in other African countries promises to create a similar situation.

Africa’s experience to date with large-scale irrigation projects is dismal. Most of the projects implemented over the past decades failed or are in poor condition. And many of the so-called success cases have caused more harm than good. Consider the irrigation project in Lake Naivasha, Kenya, which triggered a boom in foreign investment in flower farms in the 1980s and 1990s that serve the European and Chinese markets. Only six farms now consume over half of the water volume used for irrigation in the lake’s basin. The impact of the flower farms range from pesticide pollution, to biodiversity loss, and hampering access to safe and clean water for local people. In return there have been few benefits, with workers toiling in gruelling and hazardous conditions for meagre wages and the companies avoiding taxes.

In Morocco fruit exports-primarily destined for European and UK markets-are driven by water hungry crops such as berries, watermelon, citrus and avocados. Between 2016 and 2021 these exports more than doubled. The biggest beneficiaries of this boom are corporations as Les Domaines Export, belonging to the country’s elite, alongside foreign companies like Surexport and Hortifrut, all backed by financial players, including pension funds and development banks. Today, Morocco has more irrigated land area than any other country in Africa, aside from Egypt.

A pastoralist from Moroto one of the most dry areas in Uganda looking after his herd. Pastoralists in this region move long distances to look for pasture and water for their herds.By Nobert Petro Kalule.

Export oriented industrial agriculture consumes 85% of the country’s water resources, intensifying the severe water stress gripping the kingdom, even as the country endures six consecutive years of drought. To cope with the crisis, the government announced the end of fruit subsidies. Yet, the measure will have little impact on large farms, since they have the financial capacity to continue with their operations, whereas small farmers will be the most affected. Other plans include investing in desalination plants. But the high energy and environmental costs make it far from a sustainable long-term solution.

On the opposite end of the continent, South Africa – one of Africa’s richest economy – has long struggled with a persistent water crisis. This is largely due to the fact that 65 percent of the country’s water resources are allocated to industrial agriculture.

Africa’s water custodians

The impact of industrial agriculture’s thirst for water is felt most acutely by African women. Already tasked with managing households, caring for families and farming for food, women and young girls are also responsible for collecting all the water needed for both their homes and farms.

As such, they bear the heavy burden of trekking long distances – sometimes multiple times a day – to collect water. It is estimated that African women collectively spend about 40 billion hours annually fetching water. As more of their water sources are diverted for use on export-oriented industrial farms, it will make it even harder for them to access the water they need for their households.

Paradoxically, those most affected by the water issues affecting the continent may also be the ones with the solutions. Rural women possess invaluable knowledge about local water sources, their usage, storage and conservation. They know, for example, ways of recycling water for washing, irrigation and livestock, like the women pastoralists of the Anuak people in Ethiopia’s Gambela region, know how and when to move their animals from wetter areas to drier ones in the rainy season, allowing local rivers to replenish and maintain its fertility.

In Kenya, Martha Waiganjo, a farmer from the dry lands of Gilgil, is one of many smallholder farmers working with the Seed Saver’s Network (SSN) to take advantage of rain water harvesting and conservation techniques as part of their agroecological practices. Through rain water harvesting, farmers like her are able to collect, store and conserve run off rain water for later use.

The run off water is stored in manually dug up dams that are lined with an anti-seepage layer of plastic commonly known as a dam liner. For Martha, her dam allows her to store close to 40,000 litres of water for her sustenance throughout the year. “[…] Water harvesting has been of great improvement on our farms, we don’t need the rain to plant. We use the water for irrigation and domestic use. The most important thing in water harvesting is that when the area is dry we use the water not only for farming but for the needs of the whole community. It is also of great importance to livestock farming.”[1]

In 2021, the UN estimated that nearly 160 million people in Sub-Saharan Africa (14% of the population) were affected by water scarcity and stress, and, with the effects of climate change now kicking in, the numbers are expected to be even higher in 2025 and beyond.

The fixation of governments, development banks and corporations on large-scale irrigation projects for industrial agriculture in Africa has to end. Water needs to instead be in the hands of the small-scale food producers who feed the continent and who are best able to develop solutions to the challenges posed by climate change.

Cover photo: Kenya 2011. Colin Crowley/Save the Children/ Creative Commons/Flickr

Original Source: Grain

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Tanzanian High Court Tramples Rights of Indigenous Maasai Pastoralists to Boost Tourism Revenues

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  • Tanzanian High Court has dismissed a case filed by Maasai communities to return land violently seized by the government in June 2022 to establish the Pololeti Game Reserve for trophy hunting by the Emirati Royal Family in Loliondo.
  • In violation of Tanzanian law, impacted Maasai communities were neither consulted nor compensated for being forced from their land, critical for over 96,000 people living in legally registered villages in the area.
  • The ruling sets a dangerous precedent for Indigenous land rights across Tanzania and calls into question the independence of the judiciary that openly cited tourism revenues as a factor in its decision.

On October 24, 2024, the High Court of Tanzania dismissed a case (Misc. Civil Cause No. 18 of 2023) from impacted Maasai pastoralists challenging the creation of the Pololeti Game Reserve, which has resulted in crippling livelihood restrictions and widespread evictions to allow for trophy hunting in the area by the Emirati Royal Family. The shocking ruling deals a blow to Indigenous land rights across Tanzania and raises serious questions regarding the independence of the Tanzanian judiciary.

“The ruling has far-reaching consequences not only for the Maasai of Loliondo but to all people near protected areas. With this ruling, Maasai in Monduli, Simanjiro, Longido, and Ngaresero are now also at the risk of eviction without compensation,” said Denis Oleshangay, one of the advocates representing the community in the case.

On June 8, 2022, the government forcefully seized 1,500 square kilometers of land in Loliondo to create the Pololeti Game Controlled Area for the exclusive use of the Emirati Royal Family. Maasai communities protesting the theft of their land were met with violent retaliation by security forces who opened fire on the protestors. At least 30 people, including women, children, and elderly, were wounded. One elderly man was shot and remains missing over two years later while his family is still seeking answers. Thousands were displaced and fled to Kenya where they faced hunger and sickness. To suppress dissent, community members and civil society leaders have been criminalized and imprisoned for months on false charges.

Presiding over the case, Judge N.R. Mwaseba ruled that the needs of local communities should not take precedence over the value of the land to the economy. “The decision to promulgate the Pololeti Game Reserve was executed in good faith by the Government with a view to protect and ensure sustainable conservation in order to protect the natural resources, including the wild animals as a major source of foreign currency in our country…I have demonstrated above that the tourism sector is among the giant sectors contributing heavily to the national budget. It deserves close protection, including protection of the areas reserved for that purpose.”

In September 2023, in response to a separate case brought by impacted villagers (Misc. Civil Cause No. 21 of 2022(link is external)), the High Court of Tanzania ruled that because communities were not properly consulted by the Ministry of Natural Resources and Tourism (MNRT) prior to the land use change, the Pololeti Game Controlled Area was illegal. The victory was short lived as President Samia Suluhu Hassan had also issued a separate decree (GN No. 604 of 2022) to upgrade the same area to become the Pololeti Game Reserve in October 2022. While communities defeated in court the first attempt by the MNRT to seize their land, they were forced to file another case (Misc. Civil Cause No. 18 of 2023) against the President’s Pololeti Game Reserve decree. This was dismissed despite questionable new evidence proving adequate consultation by the government.

“The discrepancy in rulings by the High Court demonstrates how the government can keep shopping for judges until it gets a favorable outcome, making a mockery of justice,” said Anuradha Mittal, Executive Director of the Oakland Institute. “Impacted communities must scramble to take action in the courts and even when they win, the government can still circumvent the ruling by issuing another decree.”

In the dismissed Misc. Civil Cause No. 18 of 2023, advocates for the communities documented how the creation of the game reserve has impacted over 96,000 people whose livelihoods depend on access to land for grazing and watering cattle. Pastoralists have faced massive fines and had livestock arbitrarily seized and killed by wildlife authorities despite the fact that pastoralists play a vital role in protecting the ecosystem. Over a dozen villages are now considered illegal within the Game Reserve, while villagers were neither consulted nor compensated for losing their lands, as required by Tanzanian law.

Live ammunition fired by Tanzanian security forces during demarcation of the Pololeti Game Controlled Area in June 2022

Despite international condemnation of the government’s violent land demarcation to create the protected area in June 2022, the Judge shockingly concluded that “The allegation that the state apparatuses such as police, army, wildlife rangers harassed the inhabitants of the promulgated area is not substantiated. The featured videos do not show whether they relate to establishment of GN No. 604 of 2022.”

The United Arab Emirates (UAE)-based Otterlo Business Company (OBC) – which runs hunting excursions for the country’s royal family and their guests – will reportedly control hunting in the area despite the company’s past involvement in several violent evictions of the Maasai, including in 2017, burning of homes, and the killing of thousands of rare animals in the area.

“When a government recklessly violates the rights of its citizens, and domestic courts offer little hope for redress, international scrutiny and action is paramount. The US and other donor governments who finance so-called conservation in Tanzania with tax-payer money must take immediate action to help secure justice or be held accountable for their complicity,” Mittal concluded.

Advocates for the impacted villagers have already filed a notice of intention to appeal the ruling.

Original Source: oaklandinstitute.org

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Conference of the Parties to the Convention on Biological Diversity (COP16): Solutions for companies, losses for communities and biodiversity

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The Conference of the Parties (COP16) to the Convention on Biological Diversity (CBD) is being held from October 21st to November 1st in Colombia. This initiative has failed in its goal of halting the alarming loss of biodiversity. For 30 years, instead of putting an end to extractive companies’ destruction, the CBD’s proposals have worsened the situation – through actions that have undermined both the sovereignty of Indigenous Peoples and communities, and their ability to remain in the territories they inhabit and protect.

The destruction of biodiversity to feed corporate greed is readily apparent through alarming facts and figures: 54 percent of wetlands have disappeared since 1900; land degradation from human activities is causing the extinction of one sixth of all species; and 50 percent of agricultural expansion between 1980 and 2000 occurred on razed areas of tropical forest (1). In Asia, oil palm plantations have been the main driver of forest loss during this period.

32 years ago, during the Earth Summit held in Rio de Janeiro, Brazil, more than 170 countries pledged to take measures to halt this destruction. To this end, they signed the Convention on Biological Diversity (CBD). However, this initiative has failed spectacularly.

Despite their numerous declarations in support of taking action, and their adoption of goals and targets, governments have shown no real interest in taking the necessary measures to stop the destruction of biological diversity. By way of proof, one only has to review the targets established for the decade between 2010 to 2020, known as the Aichi Targets: none of them has been achieved.

The 16th Conference of the Parties (COP) to the CBD is being held in Cali, Colombia, from October 21st to November 1st, 2024. During this gathering, government negotiators aim to evaluate the countries’ progress in achieving the new targets set for the year 2030, which are included in the so-called Global Biodiversity Framework. Yet, over 85% of the countries missed the deadline to submit their new commitments before the start of the COP, revealing their ongoing lack of commitment (2).

To stop devastating biodiversity loss and try to reverse it, it would be necessary to put an end to the destruction in the first place. This destruction is caused by extractive oil companies, mining, agribusiness, plantations, hydroelectric dams, and other industries, as well as by other economic sectors that secondarily benefit from these destructive activities – such as airlines, banking, finance, investors, etc. Yet instead of stopping the destruction, the proposals implemented by the CBD tend to worsen the situation – through actions that undermine both the sovereignty of Indigenous Peoples and communities, and their ability to remain in the territories they inhabit and protect.

One of the concrete ways in which the CBD causes this kind of conflict is through the target known as “30 x 30,” which was promoted by large conservation NGOs. Its objective is for 30 percent of the planet – including the world’s land, fresh waters and oceans – to be declared as protected areas by 2030. However, this objective does not take into account the suffering and resistance of thousands of communities affected by the imposition of conservation areas in their territories – and the serious violations of their rights this has caused. Far from being a solution, this model of conservation without people actually generates conflict and violence, costing lives in the communities that lose control of the territories they inhabit.

Another major and worrisome threat coming from the Convention on Biological Diversity (and the corporate influence over it) is the inclusion of biodiversity offsets and credits as a legitimate mechanism to “repair” the destruction that companies have caused.

Through offsets, polluting industries assume the right to destroy territories, with the excuse that these damages and losses will be “offset” elsewhere on the planet. However, this is not possible. In a recent Statement, hundreds of civil society organizations warned that “biodiversity offsets can create conflicts over the right to own and use lands, fisheries and forests, and can compete with agroecology and smallholder agriculture, undermining food sovereignty. [These offset projects] will likely drive land grabbing, the displacement of communities, increased inequality in access to land, and human rights violations – just like carbon offsets do.”

This Statement warns that biodiversity offsets and credits seek to imitate carbon offsets and credits. But not only are they replicating the faults of carbon offsets and credits; biodiversity credits and offsets intensify negative impacts by including innumerable forms of life in a strategy of financialization. So far, these mechanisms have proven to benefit large corporations that continue to pollute – such as oil, mining and airline companies. They also benefit the associated chain of managers, certifiers, consultants and financiers that implement these mechanisms. Meanwhile, communities are suffering from the deception and impacts of these mechanisms, which have been widely documented by academia, the press, and other sectors.

We invite you to read the full statement, which also presents alternative proposals to another key point on the COP16 agenda: the financing of strategies to stop biodiversity loss.

This bulletin also includes articles about how tree plantations and offset projects are expanding and occupying territories, as well as other articles celebrating the resistance of communities.

One of the articles, from Gabon, documents the power of community resistance to Sequoia’s attempts to install 60,000 hectares of eucalyptus plantations in the Bateke Plateau region that would be used to generate carbon credits. Another article from the Republic of Congo describes how oil companies are grabbing land to set up tree plantations for the carbon market, so that they can greenwash their image. A third article reports from two provinces in Mozambique where eucalyptus plantations have obliterated the biological and genetic diversity of the machambas (traditional cultivation areas). In the wake of the pulp industry, major homogenization occurs, and the expression of the genetic diversity of seeds and local varieties disappears.

Another article analyzes the Thai government’s strategy to implement an offset-based climate policy, a concept which is inherently contradictory and which expands corporate control over community lands. And now the Thai government wants to extrapolate this idea from the climate and apply it to biodiversity. These offset projects would be carried out in “green areas” that would cover more than 50 percent of the country.

Finally, we present the third episode of the podcast entitled “Women’s Struggles for Land,” which aims to highlight the voices of women and their multiple forms of resistance to the occupation of their territories. This third episode, from Indonesia, was jointly produced with the organization, Solidaritas Perumpuan, and it recounts the experiences of women in the Kalimantan region facing plantation projects and REDD projects.

This collection of cases reveals how the kinds of actions proposed at the COPs affect people’s sovereignty over the territories they inhabit. Their sovereignty is indispensable in stopping the biodiversity crisis. In light of this situation, many peoples and communities around the world are reclaiming control of their territories and are fighting to defend them. In so doing, they are defending biological diversity and life itself!

(1) Estado actual y resultados de la IPBES | Biodiversidad Mexicana
(2) COP16: More than 85% of countries miss UN deadline to submit nature pledges – Carbon Brief

Orginal Source: World Rainforest Movement (WRM)

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