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Press Release – CICDHA: UN Human Rights Committee calls on China for mechanisms to investigate and punish harmful activities of its companies and banks abroad

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This past February, a delegation of 11 Latin American civil society organizations from the Collective on Chinese Finance and Investment, Human Rights and Environment (CICDHA) and representatives of affected communities, in collaboration with the International Service for Human Rights (ISHR) and FIAN International, participated in the third evaluation of the People’s Republic of China (PRC) by the United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR), in Geneva. The organizations requested the CESCR to recommend that the PRC respects, protects and fulfills its extraterritorial obligations related to economic, social, cultural and environmental rights contained in the ESCR Covenant and other UN instruments it has signed and recognized. This obligation includes the activities of Chinese state-owned and semi-state-owned companies and banks, as well as projects in which they participate in Latin America.

Last January, CICDHA and ISHR submitted to CESCR a report documenting the impacts of Chinese corporate activities in 14 projects developed in 9 Latin American countries: Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Mexico, Peru and Venezuela. The report demonstrates violations of the rights of indigenous peoples, the right to health, a healthy environment, water, food, housing, labor rights, and various civil and political rights, which are protected by UN treaties, covenants and conventions. Furthermore, the report states that “…China is one of the largest investors in Latin America and has an enormous responsibility to avoid the negative effects of the projects in which its companies participate or which are financed by its banks”.

Marco Antonio Gandarillas, from Latinoamérica Sustentable and member of CICDHA, said “All the projects analyzed are located in areas of high social conflict, great environmental and cultural diversity, particularly in indigenous territories; it is for this reason that the evaluation of the ESCR Committee is crucial for the future of Chinese investments and financing in the region”.

The Collective on Chinese Finance and Investment Human Rights and Environment (CICDHA in Spanish), has been working since 2018, documenting cases and reporting to various international bodies on the systematic non-compliance of China’s extraterritorial human rights obligations in its business activities in Latin America.

During the dialogue with the Chinese state representatives on February 15, CESCR President Michael Windfuhr echoed civil society’s concern by posing the following questions:

“What kind of binding regulations does China put in place to ensure that state-owned companies do not further undermine the human rights of people in other countries? How do victims of human rights abuses [by Chinese business actors operating abroad] access avenues of accountability or grievance mechanisms? How do they assess environmental, social and human rights impacts and mitigate risks and avoid harm [from Chinese funding and international cooperation]?”

The Concluding Observations of March 3rd, 2023, show that the CESCR welcomed several of the suggestions made by  CICDHA and expressed its concern “about the insufficiency of the legal obligations of companies under the jurisdiction of the State party to exercise due diligence on human rights” and recommended that the PRC ensure that companies and banks abroad “are held accountable for violations of economic, social and cultural rights, paying special attention to the territorial rights of indigenous and peasant farmers and the environmental impact…. and that follow-up and control mechanisms be established to investigate and sanction their harmful activities”.

The CESCR also asked the PRC to ensure that victims of abuses have access to effective complaint mechanisms and adequate redress. In addition, it urged the PRC to take steps, in particular with companies involved in the extraction of commodities and construction of infrastructure, “to ensure the legal accountability of corporate entities…in relation to violations of economic, social and cultural rights in the context of their activities abroad.”

The CESCR’s recommendations help pressure the PRC to establish mechanisms to monitor, investigate and sanction human rights abuses by Chinese business and financial activities outside Chinese territory. In addition, they seek to have the PRC enact policies that oblige Chinese companies and financiers to adopt measures to repair, redress and remedy current impacts and to establish monitoring mechanisms to prevent future impacts.

“Having the Committee recommend that Chinese companies and banks be held legally responsible for human rights abuses arising from their operations abroad is not only a step forward in protecting Chinese investment, but also in guaranteeing human rights in any context of transnational capitalism,” said Sofía Jarrín of Amazon Watch, a CICDHA member organization.

CICDHA welcomes the concluding observations of the CESCR, and considers the results of the assessment to be a substantial step forward towards greater accountability for human rights.

Source: amazonwatch.org

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

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

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

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

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

 

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Nachtigal hydropower project. Photo: World Bank Group

 

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

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

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

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

 

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

 

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

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

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

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

Original Source: Coalition for Human Rights In Development.

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

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

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

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

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

Source: World RainForest Movement.

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Global Witness condemns escalating arrests of climate campaigners in Uganda

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

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

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

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

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

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

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

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

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

Hindstrom added:

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

Original Source: globalwitness.org

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