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Tanzanian Government’s Sustained Campaign Against the Maasai in Loliondo and the Ngorongoro Conservation Area

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Over 2,000 Maasai — primarily women and children — displaced by the violence with which the demarcation of land was carried out in Loliondo, remain in Kenya, suffering from hunger and living in fear. Approximately 70,000 people have lost access to dry-season grazing land critical to the health of their livestock and their livelihoods according to research conducted by the Institute’s partners. In addition to the 31 people who were shot and sustained injuries requiring expensive medical treatment, 107 people needed care after the violence.

“A pervasive climate of fear remains among the displaced whose lives have been completely upended,” said Anuradha Mittal, Executive Director at the Oakland Institute.

Violence erupted on June 8, 2022 after the Tanzanian government initiated the demarcation of 1,500 km2 of land it intends to turn into a game reserve for trophy hunting by the United Arab Emirates (UAE)-based Otterlo Business Company. Earlier in July, the Oakland Institute revealed that despite widespread international condemnation, the Tanzanian government continues to blatantly ignore domestic and international law, trampling on the rights and lives of the Indigenous residents in Loliondo.

The land that was demarcated and renamed the “Pololeti Game Controlled Area” is legally registered to 15 villages of Loliondo and Sale divisions in Ngorongoro district. Game officials seized hundreds of cattle in July and 50 livestock were reportedly shot to death by the rangers for grazing in this area around Ormanie and Kirtalo villages. Confiscated livestock was also auctioned off(link is external) quickly, giving the Maasai inadequate time to reclaim it.

Over the past few weeks, dozens of Maasai have been arrested and released on bail on the false charges of being “illegal immigrants.” In July, the family of the 80-year old Maasai elder who was shot during the violence and remains missing, and the family of a man killed by a police vehicle in Malambo, started court cases in Arusha. 27 people — including 10 ward councilors — have been detained for several weeks after being charged for the murder of one policeman, reportedly killed by an arrow during demarcation. Their case will be heard on July 28, 2022.

NCA Relocation Sites Remain Critically Flawed

On July 22, 2022, Dr. Christopher Timbuka, Deputy Conservation Commissioner of the NCA, said(link is external) that 757 households (4,344 people) had registered to move from the NCA to Msomera village in Handeni district. Dr. Timbuka explicitly stated(link is external) that the strategy of relocating NCA residents is geared towards the realization of the government’s goal of attracting 1.2 million tourists annually to Tanzania and an income of Sh260 billion [~US$111.5 million] by 2025 from the sector. He reiterated that those who relocate would benefit from owning land and houses in addition to accessing water, education, and health services in Msomera.

As the Tanzanian government continues to move forward with preparation of resettlement sites for so-called “volunteers” from the NCA, new field research to Msomera village in Handeni district raises serious concerns around the government promises. As previously exposed in the Oakland Institute report: Flawed Plans for Relocation of the Maasai from the Ngorongoro Conservation Area, there are several issues with the resettlement process, adequacy of the selected sites, and major discrepancies between government promises and the actual situation on the ground. Follow up field research conducted in July 2022 exposed little progress has been made by the government — as questions remain if Msomera will be able to provide adequate water, electricity, education, and health services to the resettled.

Currently, approximately 100 homes constructed earlier this year are occupied by former NCA residents. Grazing land, however, is very limited, as is the number of cattle allowed. “Government’s promise that Maasai can bring their herds of cattle to graze freely has already been broken as only 2-5 cows are permitted per family. This confirms fears that the government is moving the Maasai away from their traditional pastoral livelihoods which they have practiced for centuries. Given the critical role cattle play in the livelihoods, nutrition, and culture of the Maasai, the damage this will do cannot be understated,” added Mittal.

Despite these constraints, 300-400 more houses are currently under construction in the area. The old primary school and dispensary have been painted but promises of expanded facilities remain unfulfilled. It is unclear how the Handeni relocation site will support the high number of Maasai the government expects to “voluntarily” leave the NCA. Government’s claims that Maasai are volunteering en masse for resettlement are false. Plans to deprive Maasai of basic services within the NCA and transferring funds away from the area are a blatant attempt to drive the Maasai from their ancestral land.

Painted primary school in Msomera village.
Painted primary school in Msomera village.

In April 2022, 11,000 Maasai community members from the NCA sent a letter to the government and its main donors, clearly stressing their demand to remain in the NCA. “This is not the first time that we are fighting to secure our rights and protect the lives of our people — we need a permanent solution and we need it now. We will not leave; Not Now, Not Ever!”

In a June 15, 2022 press release(link is external), nine UN Special Rapporteurs called on the Tanzanian government to “immediately halt plans for relocation of the people living in Loliondo and the Ngorongoro Conservation Area and begin consultations with the Maasai Indigenous Peoples, including direct contact with the Ngorongoro Pastoral Council, to jointly define current challenges to environmental conservation and best avenues to resolve them, while maintaining a human rights-based approach to conservation.” This call followed earlier communications sent to the government and UNESCO World Heritage Committee advisory bodies.

In mid-July, UN High Commissioner for Human Rights Michelle Bachelet visited(link is external) Tanzania and met with Damas Ndumbaro, Minister of Constitution and Legal Affairs, to discuss the human rights abuses in Loliondo and planned evictions from the NCA. Given the blatant lies propagated by the government, its continued disregard for the land rights and lives of the Maasai for safari tourism enriching the elites, the Oakland Institute reaffirms calls for the High Commissioner, other UN human rights experts, and donor countries to meet with the impacted communities to accurately assess the situation on the ground. Continuation of colonial conservation at the expense of the lives and future of the Maasai is no longer possible.

Original Source: oaklandinstitute.org

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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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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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“Development” Projects Yield Starvation and Death in Ethiopia’s Lower Omo Valley

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In a new report, Dam and Sugar Plantations Yield Starvation and Death in Ethiopia’s Lower Omo Valley, the Oakland Institute sounds the alarm on the severe humanitarian crisis faced by Indigenous tribes in the Valley and urges government and aid agencies to provide relief assistance.

With attention centered on the civil war in the country over the last two years, the hunger and health crisis in the Omo Valley caused by the Gibe III Dam and the Kuraz Sugar Development Project has gone ignored.

For years, the Oakland Institute has alerted on the threats posed to the local population — with their traditional livelihoods, environment, and lands destroyed by the so-called “development” projects. New field research now confirms the disastrous impacts as the situation rapidly deteriorates with Indigenous children dying of disease and starvation.

“The very survival of the Kwegu, Mursi, Bodi and other tribes is under threat. Acute hunger is common with the dam’s blockage of the annual flood — a natural event that the inhabitants of the valley relied on for centuries for cultivation — compounded with their loss of land to the sugar plantations,” said Anuradha Mittal, Executive Director of the Oakland Institute. Malnourished villagers are also suffering from deadly diseases — chickenpox and measles outbreaks, malaria, and leishmania. Contamination of the Omo River and its tributaries has led to a resurgence of cholera and polluted drinking water with chemicals, worsening the health crisis. The cattle, wild game, and fish that communities traditionally relied on for subsistence have disappeared. The economic opportunities the projects were supposed to generate have not materialized — exacerbating poverty in the region.

Given this dire situation, it is imperative for the Ethiopian government and humanitarian agencies to immediately turn their attention to the Omo Valley and provide urgent food, water, and medical assistance. “The Indigenous communities of Lower Omo—many forcibly evicted under the previous regime to make way for the construction of the Gibe III Dam and sugarcane plantations— today face starvation and death. Beyond immediate relief, addressing past abuses is essential. After years of broken promises and widespread abuse, any future development in the Lower Omo will have to be based on respect and protection of Indigenous rights,” concluded Mittal.

Source: oaklandinstitute.org

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