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

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

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

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

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

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

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

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Endorsed by:

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

Source: Accountability Counsel

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NGO WORK

The mothers and daughters of the global south cannot celebrate the World Bank’s 80-year legacy of harm.

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Villagers near a coal-fired power plant at Suralaya village in Banten province, Indonesia, fill their buckets with water from a portable tank due to drought in September 2023. Photo by: Garry Lotulung / Reuters Connect.

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

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.

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 crisisgrowing 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.

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.

“If bank President Banga wants the institution to grow bigger, it should learn from the past as it looks forward.”

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.

Source: Devex

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Statement- Uganda: Seven Environmental activists brutally arrested, charged and released on police bail for protesting against the East African Crude Oil Pipeline Project

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On 27 May 2024, seven environmental human rights defenders were brutally arrested by armed police in Kampala, Uganda and charged by the Jinja Road police for unlawful assembly. This was reported by the Stop the East African Crude Oil Pipeline (StopEACOP) campaign on 29 May 2024.

The seven human rights defenders were peacefully protesting against the intended financing of the East African Crude Oil Pipeline Project (EACOP) by the Chinese government. According to the environmental human rights defenders, EACOP has caused severe human rights violations, poses significant environmental risks, and will contribute to the climate crisis. The EACOP is a project led by Total, spanning 1,443km from Kabaale, Hoima district in Uganda to the Chongoleani Peninsula near Tanga Port in Tanzania. It aims to transport oil from Uganda’s Lake Albert oilfields to global markets via the port of Tanga.

On 27 May 2024, seven environmental human rights defenders were brutally arrested by armed police in Kampala and charged by the Jinja Road police for unlawful assembly. The seven environmental activists were sitting outside the Chinese Embassy in Kampala in an attempt to present a letter of protest to the Chinese Ambassador expressing their complaints and demanding that his government refrain from funding an unfavourable project for them. Due to their arrest occuring before they had any chance of interacting with embassy representatives, their letter was not delivered. The peaceful protesters were violently rounded up by the police, who subsequently packed them in a vehicle and brought them to the Jinja Road police. The seven activists were released on police bail and were due to report back to the Jinja Road police station. On 18 May 2024, following several banks and insurance companies’ withdrawal from EACOP, Civil Society Organizations supporting energy just transition, climate and environmental conservatism, and land justice addressed the media and urged the Chinese President to rescind his interest in funding the project.

Local organizations have been denouncing that, in order to stifle complaints, silence protesters, and maintain pressure on those who defend climate, environment, and land rights, Ugandan authorities have turned to attacking and criminalising environmentalists, climate activists, and defenders of land rights. Uganda has recorded the most number of cases of violations against these human rights defenders, with 18 incidents documented in Africa, according to the Business and Human Rights Resource Center’s 2023 in their report titled People power under pressure: Human rights defenders & business in 2023. The majority of these attacks seem to center around the EACOP and the environmental human rights defenders campaigning against the project, which the State regards as a significant infrastructure initiative.

Front Line Defenders expresses its concern for the safety and security of the seven environmental human rights defenders and strongly condemns the recent instances of intimidation, criminalization and police harassment they have been subjected to, as it believes are an act of reprisal for their peaceful and legitimate work in defence of environmental and land rights in Uganda.

Front Line Defenders urges the authorities in Uganda to take the necessary measures to guarantee the security and protection of environmental human rights defenders during peaceful protests. The organisation also demands that the brutal arrest of these seven human rights defenders be condemned. Front Line Defenders calls Ugandan authorities to guarantee that all environmental and land human rights defenders, including human rights organisations working on environmental rights, are able to carry out their legitimate activities and operate freely without fear of police harassment.

Source: Frontline Defenders

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NGO WORK

TotalEnergies African legacy: 100 years of environmental destruction.

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TotalEnergies, the French petro giant company with a legacy of destruction on the continent, this year celebrates 100 years. To be clear, that is 100 years of profit, environmental destruction and damage to people’s lives.

The company’s damage is widespread, extensive and well-documented.

In 1956, TotalEnergies entered Africa, exploiting natural resources as it went along. In chasing down oil and gas, it has wreaked havoc on communities, land, and the environment.

A 2022 study by the Climate Accountability Institute found the total emissions attributed to the East Africa Crude Oil Pipeline totals 379 million tonnes of carbon dioxide, making TotalEnergies a key contributor to Africa’s carbon footprint.

As Charity Migwi, a senior campaigner at Oil Change International, a research, communication, and advocacy organisation, notes, the company has its hands on various projects on the continent.

The project noted above will have about 460km of pipeline in the freshwater basin of Lake Victoria, Africa’s largest lake, which directly supports the livelihoods of more than 40 million people in the region. On top of this, there are plans to extract oil from the fields in Uganda as well as the company’s prominent role in the Mozambique LNG Project, which is a major cause of carbon emissions

Closer to home, TotalEnergies has been given the go-ahead to explore for oil and gas off the south-west coast of South Africa, which sparked protests. As the company held its annual general meeting in Paris, France, protests by affected communities, civil society and activists in both countries took place.

Environmental justice group The Green Connection’s community mobilisation officer, Warren Blouw, said in a press release: “TotalEnergies and other oil and gas companies must consider the livelihoods of small-scale fishers, whose economic wellbeing is jeopardised by offshore oil and gas exploration. We must unite to protect Africa and its resources from those who only seek profit, at the cost of regular South Africans.”

Zinhle Mthiyane, of the South Durban Community Environmental Alliance, said: “We are protesting to protect the environment and prevent ocean pollution. Drilling for oil and gas in South African waters could degrade the environment, threatening livelihoods and cultural practices.”

One of those affected by TotalEnergies and its hunt for fossil fuels is Sifiso Ntsunguzi, a small-scale fisher from Port St Johns, on the Eastern Cape coast. Ntsunguzi made the trip to France to protest.

“We are in Paris to support the court case against TotalEnergies’ oil and gas projects. As a small-scale fisher and member of a coastal community, I do not support the exploration of oil and gas in the ocean. We use the ocean for cultural practices and as a means to sustain our livelihood. We are against exploration of gas and oil, as it may risk degradation of the environment and marine ecosystems, our livelihood and our health. I come from a fishing community and have become a fisher myself,” he said.

In another press release, environmental justice group Bloom wrote that TotalEnergies has been well aware of its climate harms as far back as the 1970s, yet the company still goes ahead with its oil and gas initiatives.

Initially, its strategy was to deny climate change, wrote Bloom. Now that it can no longer do so, it has changed tact and resorts to greenwashing, described by the United Nations as follows: “By misleading the public to believe that a company or other entity is doing more to protect the environment than it is, greenwashing promotes false solutions to the climate crisis that distract from and delay concrete and credible action.”

Total Energies portrays itself as a serious player in the renewable energy space and constantly punts its renewable efforts while going full steam ahead with its fossil fuel projects.

For example, it said of its project in the Northern Cape: “TotalEnergies and its partners are launching construction of a major hybrid renewables project in South Africa, comprising a 216 megawatt solar plant and a 500 MWh battery storage system to manage the intermittency of solar production.”

Bloom explained that chasing renewables is profitable but nowhere near as profitable as oil and gas, and it in no way negates the harmful search for and use of fossil fuels. For this reason Bloom and two other climate justice groups took TotalEnergies to court.

This case also hopes to halt the expansion of fossil fuel extraction. As The Guardian reports: “A criminal case has been filed against the CEO and directors of the French oil company TotalEnergies, alleging its fossil fuel exploitation has contributed to the deaths of victims of climate-fuelled extreme weather disasters. The case was filed in Paris by eight people harmed by extreme weather, and three NGOs.”

Joyce Kimutai, a climate scientist at the University Of Cape Town, said: “The fossil fuel industry will continue to undermine science, they will continue to expand their businesses,

they will continue to cause suffering to the people as long as they know that the law can’t hold them accountable.”

Whether the case will yield anything remains to be seen, but the important thing is people are standing up and fighting the harmful practices of these fossil fuel companies. International bodies like the UN climate change conferences yield very little results. It is up to us, the people on the ground, to unite for the good of our planet.

Source: mg.co.za

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