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STATEMENTS

Joint Statement on World Bank Accountability Mechanism’s Decision to Limit Application of Operating Procedures

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Accountability Counsel, along with other civil society organizations, expresses alarm over a recent announcement by the World Bank Accountability Mechanism that its final operating procedures would not apply to all of its cases. The final operating procedures, published in December 2022, state that they “apply immediately upon issuance” and “supersede the DRS interim operating procedures” and thus we expected them to apply to ongoing cases. However, on March 6th the Accountability Mechanism Secretary, who is responsible for issuing and interpreting mechanism procedures, clarified that the final operating procedures would not apply to two ongoing cases.

The announcement reads: “The Accountability Mechanism Operating Procedures supersede the DRS Interim Operating Procedures, originally issued in October 2021. The DRS Interim Operating Procedures continue to apply in full in cases where the Parties commenced mediation prior to the issuance of the AM Operating Procedures […] Specifically, DRS cases 21/01/DRS and 21/04/DRS.” Those two cases are: Uganda (Second Kampala Institutional and Infrastructure Development Project (KIIDP-2) (P133590)) and Nepal (Nepal-India Electricity Transmission and Trade Project (P115767) and its Additional Financing (P132631)).

We disagree with the Accountability Mechanism Secretary’s decision not to apply the final operating procedures to these two cases for the following reasons:

  • Communities in these two cases are given fewer accountability options. The final operating procedures clarify that eligible issues unresolved by dispute resolution can be investigated by the Inspection Panel. While the interim procedures did not prohibit this so-called partial resolution option, they also did not expressly state that the process was available. By restricting the application of the final operating procedures, the Accountability Mechanism Secretary has decided not to permit eligible unresolved issues to be investigated for two cases if an agreement on some issues is reached.
  • This leaves a potential accountability gap for the World Bank regarding two projects. While a dispute resolution process is typically undertaken by affected communities and borrowers, the Inspection Panel investigates the World Bank’s own compliance with its policies and procedures. The Accountability Mechanism’s decision to not permit eligible unresolved issues to go to compliance for two projects means that there could be noncompliance that goes unexamined and unresolved.
  • The decision is inconsistent with good practice. Typically, new operating procedures apply to all cases as soon as they are published. Consistent with that good practice, the World Bank Inspection Panel is applying its December 2022 operating procedures to all cases immediately.

Dispute resolution is voluntary, and parties can determine what conditions they require to come to the table, including whether or not to require full resolution of all issues. Taking that choice from the parties is an overstep. Our expectation of all accountability mechanisms is that they will champion the rights and needs of communities, not borrowers or banks. While we respect the Accountability Mechanism Secretary’s mandate to interpret their own procedures, we believe that this decision was incorrect and will undermine communities’ trust in the mechanism going forward.

This statement is endorsed by:

Accountability Counsel

Bank Information Center

CEE Bankwatch Network

Center for International Environmental Law (CIEL)

Centre for Financial Accountability

Friends of the Earth United States

Green Advocates International

Inclusive Development International

Institute for Justice and Democracy in Haiti

International Accountability Project

Just Ground

Lawyers’ Association for Human Rights of Nepalese Indigenous Peoples (LAHURNIP)

Lumière Synergie pour le Développement

NGO Forum on ADB

Recourse

Urgewald e.V.

Witness Radio Uganda.

Source: Accountability Counsel

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STATEMENTS

EU stands behind the empowerment of Human Rights Defenders

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Ensuring Responsible Business Conduct by Private Sector in Uganda

DanChurchAid Uganda joins the European Union to commemorate the European Union Day, as we strive for justice, accountability, and human rights, not only within Europe but across the globe.

DanChurchAid Uganda in partnership with the National Coalition for Human Rights Defenders Uganda (NCHRD-U), and Witness Radio (WR), would like to appreciate the European Union for the financial support towards the ‘Monitoring, documentation, and advocacy for human rights’ project in Uganda (MDA-HRU).

The 36-month project (2023 to 2026) aims to hold the private sector and government accountable for environmental human rights abuses and violations, through improved documentation, and evidence-based advocacy.

A beacon of hope

At its core, this project is a beacon of hope for communities in the Mid-Western sub-region (Bulisa, Hoima, Masindi, Kiryandongo, Kikuube, Kagadi, Kibale and Mubende) and Karamoja sub-region (Moroto, Napak, Nakapiripirit, Amudat, Nabilatuk, Abim, Kaabong, Kotido and Karenga) of Uganda, where the private sector’s involvement in land-based investments (LBIs) has led to a myriad of environmental human rights abuses and violations.

The challenges faced by these communities are diverse which include limited capacity among Land and Environmental Defenders (LEDs) to monitor, document, and report violations which has perpetuated a cycle of human rights violations such as land grabbing, and lack of adequate and untimely compensation, among others.

Moreover, the lack of credible information about the impacts of Land Based Investment (LBIs) on violations has hindered efforts to demand accountability and access to justice for affected persons.

Empowered communities

In order to address these challenges, it is important to have, an empowered community comprised of human rights defenders. This project is geared toward building the capacity of land and environmental defenders to monitor, document, and report violations through the utilization of technology which is a key innovation in this project.

Through this collaborative action, 590 Human Rights Defenders (HRDs) and LEDs will receive enhanced training and support to effectively monitor, document, and report violations. Additionally, mechanisms will be established to provide timely response and support to HRDs and marginalized communities facing threats and attacks.

Engagin the private sector in responsible business conduct

One of the critical outcomes of this action plan is the engagement of the private sector in dialogue on Responsible Business Conduct (RBC). The Project will build on the gains from the Business and Human Rights annual symposiums to promote Responsible Business conduct through the creation of a platform to dialogue effectively with the private sector. The project will raise awareness, advocate for the development of policies, and enforce regulations to ensure the protection of land and environmental rights through multistakeholder engagements.

As we celebrate European Union Day, let us remember that the pursuit of justice knows no borders.

By supporting initiatives like this collaborative action in Uganda, we uphold the values of responsible business conduct, human rights, accountability, and environmental justice for all.

Source: danchurchaid.org

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STATEMENTS

Upholding Women’s Land Rights in the implementation of development projects will accelerate progress.

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Witness Radio – Uganda Statement: On the International Women’s Day, 2024.

Upholding Women’s Land Rights in the implementation of development projects will accelerate progress.

Wakiso, Uganda. 08th/03/2024. As the world commemorates International Women’s Day 2024 under the theme “Invest in Women, Accelerate Progress” it is imperative to underscore the critical importance of safeguarding women’s human and land rights.

In Uganda, where women play a pivotal role in agricultural production and rely heavily on the land for their livelihoods, the issue of land rights emerges as a central battleground in the fight for gender equality and women empowerment.

Women in Uganda face systematic barriers when it comes to land ownership and control despite their significant contribution to agricultural productivity.

Customary norms and cultural practices often favor male inheritance and land ownership perpetrating a cycle of discrimination and marginalization against women.

This disparity leaves women vulnerable to exploitation and abuse, particularly in the context of land grabbing and eviction.

Tragically, women who assert their rights to land frequently encounter severe threats and human rights violations/abuses.

Witness Radio has documented numerous cases of violence against women smallholder farmers and women rights defenders (WHRDs), including gang rape and physical assault perpetrated by economically powerful and politically connected individuals and institutions with vested interests in land grabbing.

These egregious acts not only violate women’s rights but also perpetrate a culture of impunity and injustice.

The failure to investigate and prosecute violence against women smallholder farmers and WHRDs further exacerbates the impunity enjoyed by perpetrators, leading to more human rights abuses.

Additionally, the aftermath of land evictions often leaves women and their families vulnerable with men sometimes abandoning their responsibilities and leaving women to bear the burden alone.

At the heart of the 2024 theme lies a recognition of the pivotal role women play in driving societal progress. Investing in women encompasses various aspects, including education, healthcare, economic opportunities, and legal rights. However, securing women’s access to and control over land is equally crucial as it intersects with multiple dimensions of their lives.

When women have secure land rights, they are empowered economically and socially. Land ownership enables women to participate meaningfully in economic activities, access financial resources, and contribute to households and community well-being.

Moreover, it enhances women’s agency and autonomy, enabling them to make choices that positively impact their lives and families.

Additionally, access to land is closely linked to food security and healthcare. Secure land rights enable women to engage in sustainable farming practices, improve agricultural productivity, and ensure adequate nutrition for their families.

Furthermore, land ownership can serve as a pathway to accessing health care, thereby promoting women’s overall well-being.

However, the current legal framework governing land rights in Uganda falls short of adequately protecting women’s land rights. Biased laws and customary practices perpetrate gender disparities leaving women vulnerable to exploitation and abuse. Amending land rights is a critical step towards addressing issues affecting women about land rights and promoting gender equality.

In conclusion, protecting women’s land rights is not only a matter of social justice but also a strategic investment in accelerating progress towards gender equality and healthier lives. As we commemorate International Women’s Day 2024, let us reaffirm our community to ensure that women everywhere have equal rights to access, own, and control land resources. By prioritizing women’s land rights, we can unlock the full potential of women and girls as agents of change and drive transformative progress toward a more inclusive and equitable society for all.

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Facebook: https://www.facebook.com/wradio.uganda/

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Statement: The Energy Sector Strategy 2024–2028 Must Mark the End of the EBRD’s Support to Fossil Fuels

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The European Bank for Reconstruction and Development (EBRD) is due to publish a new Energy Sector Strategy before the end of 2023. A total of 130 civil society organizations from over 40 countries have released a statement calling on the EBRD to end finance for all fossil fuels, including gas.

From 2018 to 2021, the EBRD invested EUR 2.9 billion in the fossil energy sector, with the majority of this support going to gas. This makes it the third biggest funder of fossil fuels among all multilateral development banks, behind the World Bank Group and the Islamic Development Bank.

The EBRD has already excluded coal and upstream oil and gas fields from its financing. The draft Energy Sector Strategy further excludes oil transportation and oil-fired electricity generation. However, the draft strategy would continue to allow some investment in new fossil gas pipelines and other transportation infrastructure, as well as gas power generation and heating.

In the statement, the civil society organizations point out that any new support to gas risks locking in outdated energy infrastructure in places that need investments in clean energy the most. At the same time, they highlight, ending support to fossil gas is necessary, not only for climate security, but also for ensuring energy security, since continued investment in gas exposes countries of operation to high and volatile energy prices that can have a severe impact on their ability to reach development targets. Moreover, they underscore that supporting new gas transportation infrastructure is not a solution to the current energy crisis, given that new infrastructure would not come online for several years, well after the crisis has passed.

The signatories of the statement call on the EBRD to amend the Energy Sector Strategy to

  • fully exclude new investments in midstream and downstream gas projects;
  • avoid loopholes involving the use of unproven or uneconomic technologies, as well as aspirational but meaningless mitigation measures such as “CCS-readiness”; and
  • strengthen the requirements for financial intermediaries where the intended nature of the sub-transactions is not known to exclude fossil fuel finance across the entire value chain.

Source: iisd.org

Download the statement: https://www.iisd.org/system/files/2023-09/ngo-statement-on-energy-sector-strategy-2024-2028.pdf

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