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Summary of Specific Instance Complaint to the United States National Contact Point against Marsh regarding its support for the East African Crude Oil Pipeline
Published
2 years agoon
On February 7, 2023, 10 Ugandan and Tanzanian organizations and Inclusive Development International brought a complaint to the United States National Contact Point for the OECD Guidelines on Multinational Enterprises (‘the US NCP’). The complaint outlines failures by the U.S.-based insurance broker firm Marsh, part of the Marsh McLennan Group, to meet the standards of the OECD Guidelines for Multinational Enterprises (‘OECD Guidelines’) in relation to its reported role as insurance broker for the construction phase of the East African Crude Oil Pipeline (‘EACOP’).
The full complaint document is not disclosed, per the confidentiality provisions of the US NCP operating procedures. This document summarizes the key points of the complaint and provides background information on the OECD, US NCP, and the complaint procedure. The Ugandan and Tanzanian complainants are choosing to remain anonymous due to the security risks associated with filing this complaint.
Adverse Impacts associated with the East African Crude Oil Pipeline (EACOP)
The EACOP is expected to cause—and in many instances, is already causing—extensive and severe adverse human rights and environmental impacts, which the project sponsors have failed to adequately address, prevent and mitigate. These include:1
• Improper land acquisition without adequate safeguards: The project’s land acquisition process is being carried out in a manner inconsistent with human rights and international standards, with adverse impacts being exacerbated rather than mitigated. Communities have reported coercion in the land acquisition and valuation process; have faced hardship due to delayed compensation and restrictions
on the use of their land; and report having received inadequate compensation for their acquired land and assets.
• Security risks and impacts: There are numerous reports of intimidation, harassment, security threats and arbitrary arrests of community members, environmental and human rights defenders, and journalists critical of the project.
• Failure to adequately consult local communities: The complaint points to detailed testimony from local communities that demonstrates a failure by the project sponsors to meaningfully consult affected people, including by failing to provide local communities with information on the project’s risks and providing misleading information about the potential economic benefits.
• Impacts to natural resources: EACOP would put vital freshwater resources at risk from oil spills. The pipeline route traverses numerous lakes, rivers and wetlands, including the Lake Victoria basin,
See the Assessment of the EACOP and Associated Facilities’ Compliance with the Equator Principles and IFC Performance Standards, pproduced by Inclusive Development International, BankTrack, and African Institute for Energy Governance (July 2022). See also the community-based reviews of the human rights impact of EACOP by Oxfam and others, Empty Promises Down the Line? A Human Rights Impact Assessment of the East African Crude Oil Pipeline (September 2020) and by Les Amis de la Terre and Survie, A Nightmare Named Total (October 2020) and EACOP: A Disaster in the Making (October 2022), and the preliminary environmental and socio-economic
threat analysis for EACOP conducted by WWF Safeguarding people & nature in the East Africa crude oil pipeline project (July 2017).
which supports 40 million people in the region. The pipeline also risks contaminating the high-quality groundwater relied upon by millions for consumption. In addition, the construction and operation of EACOP will threaten agricultural land, forests and wetlands relied on for farming, energy for cooking, construction materials, medicine and cultural goods.
• Impacts to ecosystems and protected areas: The EACOP would cause, and is already causing, immense and irreversible harm to local ecosystems and habitats, including from the clearing of land for construction and the risk of oil spills or leaks. In particular, the pipeline threatens to irreversibly impact a number of legally protected and/or internationally recognized wildlife areas along its route and off the coast of Tanzania.
• Climate impacts: The full value chain emissions of EACOP is expected to reach 379 million metrictons of CO2 over the pipeline’s 25-year operational lifetime.2 As such, the project poses unacceptable climate risks, which are fundamentally incompatible with the Paris Agreement and a pathway to limit warming to 1.5°C.
The Complainants submit that many of the most egregious impacts associated the project are inherent to the project and are therefore impossible to adequately mitigate. The EACOP is a fundamentally unsustainable and untenable project that should not proceed.
Marsh’s role in enabling the project to proceed
In May 2022, The Bureau of Investigative Journalism and Financial Times reported that Marsh had secured the contract to serve as insurance broker for the construction phase of the EACOP.3 In its role as broker, Marsh is tasked with arranging insurance for the pipeline. The company pursued this contract despite internal resistance from the corporate group’s own employees, who called on management to refuse the engagement.
The EACOP cannot be constructed without insurance. It is a legal requirement under Ugandan law that the EACOP must be insured, and large-scale construction projects such as the EACOP are unlikely to be financially viable without insurance. Through its engagement as insurance broker for the EACOP, Marsh is enabling the construction of the pipeline and is therefore contributing to the above adverse impacts.
The Complainants have contacted Marsh numerous times to attempt to engage in a dialogue in relation to the EACOP and to inform Marsh of potential risks that should be reflected in its due diligence process. Marsh did not respond to any of this correspondence. Accordingly, the complainants have turned to the US National Contact Point to resolve this dispute.
Marsh’s breaches of the OECD Guidelines
The OECD Guidelines for Multinational Enterprises apply to all companies based in or with operations in OECD countries, including the United States. As a U.S.-based company, Marsh should operate in alignment with the Guidelines. The complaint alleges that Marsh has breached the Guidelines in four main ways:
Contribution to adverse impacts
The Guidelines specify that companies should avoid causing or contributing to adverse impacts, including human rights and environmental impacts, and to address such impacts where they occur. Where companies have caused or contributed to impacts, they should provide for or cooperate in the provision of remedy. Where
https://climateaccountability.org/wp-content/uploads/2022/10/CAI-EACOP-Rptlores-Oct22.pdf
https://www.ft.com/content/597a2b01-fb54-4fd3-b326-dadf52dc250a
https://www.thebureauinvestigates.com/stories/2022-05-19/insurance-giant-marsh-signs-on-forenvironmentally-disastrous-pipeline-project
adverse impacts are only directly linked to a company’s operations, products or services by a business relationship (but the company has not itself caused or contributed to the impacts), the company must seek to prevent or mitigate the impacts.
The complaint argues that by providing insurance brokerage services, Marsh is contributing to the adverse environmental and human rights impacts that would be, or have already been, caused by the EACOP. In particular, the complaint argues that Marsh is contributing to the adverse impacts under the Guidelines6 (and is not just directly linked) because: (1) it is enabling the project to go ahead by arranging legally and financially necessary insurance coverage; and (2) in light of the wealth of publicly available information on the damaging effects of EACOP, the human rights and environmental impacts were foreseeable and should have been identified in Marsh’s due diligence process.
Due diligence
Under the Guidelines, companies must conduct risk-based due diligence to identify, prevent and mitigate adverse impacts related to human rights and the environment. The complaint argues that whatever environmental and social due diligence process Marsh may have conducted in relation to EACOP was deficient, as any adequate due diligence process would have concluded that EACOP entails unacceptable unmitigatedenvironmental and human rights risks.
Disclosure
Companies should disclose relevant information on their due diligence policies and processes, including what actions they have taken to prevent or mitigate risks that they identify.8 Marsh has failed to disclose adequate information about its due diligence policy and processes, including failing to disclose any information on the due diligence it conducted in relation to the EACOP.
Sustainable Development
The Guidelines requires companies to operate in a manner that contributes to sustainable development and respects internationally recognized human rights. The complaint alleges that Marsh is undermining sustainable development efforts by supporting EACOP, as it is a fundamentally unsustainable project that poses unmanageable climate, environmental and social risks.
Remedies Sought
To remedy these breaches and bring its operations back into alignment with the OECD Guidelines, the Complainants are calling on Marsh to:
• Publicly confirm whether or not it is currently acting as broker for the EACOP, and disclose whether it has any involvement in the associated Tilenga, Kingfisher, or Kabaale refinery projects.
OECD Guidelines, General Policies, paras 11-12; OECD Guidelines, Human Rights, paras 1-6; OECD Guidelines, Environment, paras 3 and Guidance on when companies will contribute to adverse impacts is at: OECD Due Diligence Guidance for Responsible Business Conduct, page 70; OECD Guidelines, General Policies, commentary para 14; OECD Due Diligence for Responsible Corporate Lending and Securities Underwriting, pages 44-45 OECD Guidelines, General Policies, paras 10-12.; OECD Guidelines, Human Rights, para 5; OECD Guidelines, Environment, para. OECD Due Diligence Guidance for Responsible Business Conduct, page 33; OECD Guidelines, Disclosure paras 2-3. OECD Guidelines, General Policies, paras 1-2; OECD Guidelines, Human Rights, paras 1-6.
• Cease its role as broker for the construction of the EACOP and make a public statement to this effect. In addition, Marsh should not be broker for future renewals of insurance cover (such as for the operation phase of the project).
• Fully disclose its current human rights and environmental due diligence policies and procedures.
• Publicly disclose the due diligence process that it undertook in relation to the EACOP specifically, including any areas of risk it identified and the actions it took to prevent or mitigate those risks.
• Adopt and disclose an effective due diligence policy and procedures for future potential engagements. The procedures should set out how Marsh identifies and addresses the environmental and human rights impacts associated with the companies and projects for which it provides insurance brokerage services.
• Stop publicly claiming to be committed to the Sustainable Development Goals unless it ceases its support for the EACOP and improves its environmental and human rights due diligence procedures.
The Complainants request that the US NCP offer its good offices to resolve this complaint. In particular, the Complainants request that the NCP consider these allegations and issue recommendations to bring Marsh back into compliance with the Guidelines.
What happens next?
The US NCP must first determine whether the complaint is admissible, including by assessing whether there is a likely link between Marsh’s activities and the issues raised, and whether the issue is material and substantiated. If the NCP accepts the complaint, it will offer to bring the complainants and Marsh together for a mediated dialogue, subject to both parties’ voluntary participation. Through this mediation, the parties will attempt to negotiate a resolution of the issue.
At the end of the process, the NCP will publicly issue a final statement which outlines the allegations of the complaint, any outcomes reached during the mediation, or reasons why an agreement was not reached. The NCP may also issue recommendations as to how the Guidelines are to be implemented.
Further background on the OECD, OECD Guidelines, and National Contact Points
The Organization for Economic Cooperation and Development (OECD) is an intergovernmental organization with 38 member countries, created to promote economic growth, prosperity and sustainable development.
Because Marsh is based in the United States, a member country of the Organization for Economic Cooperation and Development (OECD), it should follow the OECD Guidelines for Multinational Enterprises. The OECD Guidelines are recommendations from governments to multinational enterprises with operations or headquarters in OECD adhering countries. The Guidelines set out non-binding principles and standards for responsible business conduct across a range of issues, including human rights and the environment.
All OECD countries are required to establish National Contact Points within their governments. National Contact Points (NCPs) are a unique grievance mechanism responsible for receiving complaints from people or organizations who allege that companies have not complied with the Guidelines.
More information on the US NCP’s procedures can be found here: https://www.state.gov/u-s-national-contact-point-for-the-oecd-guidelines-for-multinational-enterprises/a-guide-to-the-u-s-national-contact-point-for-the-oecd-guidelines-for-multinational-enterprises/#FinalStatement
https://usoecd.usmission.gov/mission/oecd/about-the-oecd/
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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.
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
Published
1 month agoon
October 31, 2024
- 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.
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
Published
1 month agoon
October 28, 2024The 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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MEDIA FOR CHANGE NETWORK4 days ago
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MEDIA FOR CHANGE NETWORK17 hours ago
Makindye Magistrate Court grants bail to a 72-year-old for fighting for her land.
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MEDIA FOR CHANGE NETWORK13 hours ago
Restoring Our Land: Tackling Degradation for Climate Resilience, Food Security, and Sustainable Development at COP16