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The 2nd edition of East Africa Business and Human Rights opens in Nairobi, highlighting the critical issue of African States’ limited participation in global treaty-making, which risks leaving the continent’s specific needs unaddressed.

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By the Witness Radio Team

Nairobi, Kenya: Prof. Damilola Olawuyi, Chairperson of the United Nations Working Group on Business and Human Rights, has urged African countries to take an active and leading role in international treaty negotiations to ensure that global treaties address the continent’s unique challenges, warning that passive participation could result in agreements that overlook Africa’s needs.

He said that in international law, you don’t get what you deserve; you get what you negotiate.

Delivering the Keynote at the Dialogue, Prof. Olawuyi stressed that African governments are not sufficiently engaged in negotiations to create a legally binding international treaty on business and human rights—a lack of involvement that could undermine African interests.

The two-day dialogue, convened by DCA and partners, has the theme: “Beyond Compliance: Strengthening Accountable and Rights-Centered Supply Chains in East and Horn of Africa.” It brings together governments, businesses, civil society organizations, development partners, and human rights defenders. Participants discuss how growing investments can better align with human rights standards and responsible business conduct.

Building on the momentum of the 2023 inaugural conference in Kampala, the event aims to shift discussions from commitments to implementation. It focuses on rapidly expanding investments in land-based sectors and their impact on communities.

He reiterated that the persistent absence of African states from these talks may result in global rules that ignore African priorities.

He warned the end result might be an instrument that does not reflect African priorities and interests. It could contain pre-packed solutions that impose higher environmental, sanitary, climate, and ESG standards on African products, limiting their competitiveness and market access.

He urged the EAC, AU, and member states to unite around a common position in negotiations, underscoring the importance of African leadership in ensuring investments support both economic growth and human rights.

Prof. Olawuyi argued that the absence of binding international standards continues to undermine efforts to hold corporations accountable for human rights abuses, particularly in sectors such as agribusiness, mining, and large-scale land-based investments.

He cited an upcoming report on agribusiness, food security, and human rights. He said investment-driven agricultural projects in several countries continue to be linked to child labor, sexual exploitation, modern slavery, gender injustice, forced displacement, land grabbing, and other rights violations.

He recommended that National Action Plans must be rigorously implemented across all sectors, including agribusiness, to effectively address human rights abuses.

The concerns voiced by the UN expert were also reflected in discussions throughout the forum. Karen Poore, Country Director for DanChurchAid Kenya (DCA), spoke on behalf of the event host. She called on governments, businesses, civil society organizations, and local communities to work together proactively, urging them to take concrete steps that ensure investments respect human rights and deliver equitable benefits for all involved.

Poore described DCA’s role as both a convener and bridge-builder, creating spaces where different actors can engage honestly on difficult issues surrounding business conduct and human rights.

She said spaces like this, where honesty and constructive challenge are possible, are important. More transparency and openness about root causes, and a willingness to move beyond appearances, are needed, as business and human rights are evolving quickly and new standards are shaping expectations.

She stressed that responsible business conduct is not only about accountability but also about creating fairer and more sustainable economic opportunities.

“Access alone is not enough if it does not come with dignity and rights,” Poore noted, adding that transparency and long-term thinking are increasingly linked to resilient and sustainable business models.

She called for immediate action to address structural barriers affecting women, youth, and marginalized communities, ensure equal access to grievance mechanisms, and actively promote participation in decision-making processes.

Matthew Brooke, Head of Governance, Digital and Macroeconomics at the European Union Delegation to Kenya, represented the European Union Delegation. He acknowledged that past investment projects have been linked to human rights violations, exploitation, and abuse.

“Human rights violations in investment projects, exploitation and abuse have all been seen and witnessed, and they need to continue to be documented,” Brooke said.

He argued that such practices are unsustainable investments. He also explained that the European Union is shifting away from purely voluntary approaches toward stronger due diligence requirements. These requirements aim to prevent human rights and environmental harm in global supply chains.

According to Brooke, the EU’s Corporate Sustainability Due Diligence Directive (CSDDD) requires large companies operating in the EU market to identify and address human rights and environmental risks throughout their operations and supply chains, engage affected stakeholders, and take measures to prevent or mitigate harm.

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Civil society groups at UNCCD COP17 are calling for urgent action on land rights, drought, and vital funding.

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By the Witness Radio team.

ULAANBAATAR, Mongolia: At the 17th session of the United Nations Convention to Combat Desertification (UNCCD COP17), civil society organizations urged governments to turn promises into real action, tackling land degradation, drought, and the mounting dangers confronting land-dependent communities.

At a press conference in Ulaanbaatar on Monday, August 17, civil society representatives from every corner of the globe—Africa, Asia, Latin America and the Caribbean, Western Europe, and Central and Eastern Europe—shared their priorities and plans for the two-week Summit.

Throughout COP17, these organizations plan to actively engage with government negotiators, national focal points, and other stakeholders, bringing forward evidence and community voices to ensure their priorities shape the conference’s outcomes.

They will also champion meaningful participation for civil society, Indigenous peoples, pastoralists, women, youth, and local communities in every stage of negotiations, implementation, monitoring, and follow-up.

The Civil Society Organization (CSO) Panel, which leads civil society engagement in the UNCCD process, shared that its members have spent nearly a year collecting perspectives from all five regions and crafting 19 key messages and recommendations for COP17.

Andy Morris, the Western European representative on the CSO Panel, said their main expectation is for COP17 to become an “action COP” that moves commitments into implementation.

“Our main expectation is that COP17 moves commitments to implementation,” Morris said, adding that this action COP requires accessible and adequate finance reaching communities and local actors who can implement solutions on the ground.

The CSOs are also determined to strengthen knowledge-sharing between governments, scientists, practitioners, Indigenous peoples, local communities, and pastoralists.

Morris emphasized that Indigenous, traditional, and local knowledge deserves equal recognition with scientific knowledge. He also called for greater support for civil society and local actors to generate evidence and monitor land degradation and restoration.

“We have a wealth of knowledge at our fingertips, and we need to bridge the gap between indigenous people’s knowledge and science,” he said.

Civil society organizations have made secure and fair access to land and land tenure a top priority, especially for women, Indigenous peoples, and local communities.

They are urging robust multi-stakeholder land governance, integrated land-use planning, and sustainable water management to help territories withstand drought.

They are pressing governments to shift from reactive drought responses to proactive, locally led strategies that boost land restoration and soil health.

The CSO Panel also prioritizes bolder action on land degradation neutrality and tighter coordination across land, climate, biodiversity, water, and food security agendas.

Sopiko Babalashvili, representing Central and Eastern Europe on the CSO Panel, said civil society wants COP17 commitments to translate into action at the community level.

“It’s important to increase accessible and secure finance for locally led and community-led solutions and translate commitments into action on the ground,” Babalashvili said.

African civil society representative Ellen Otaru-Okoedion highlighted that civil society organizations have been tackling desertification, land degradation, and drought at the grassroots long before these issues reach international negotiations.

“CSOs play an integral role in addressing desertification, land degradation, and drought within communities long before these challenges reach international negotiations.” She added that civil society organizations are more than observers at COP17; they are knowledge holders, partners in sharing and implementing solutions, and key contributors to locally rooted progress. The organizations urge governments to keep COP17 inclusive and ensure civil society has a real voice in negotiations, implementation, monitoring, and follow-up.

“We are also implementation partners and contributors to locally grounded solutions,” Ellen further revealed, adding that they will continue to engage with negotiators, party officials, national focal points and different caucuses while working with civil society networks and partners across regions and other environmental conventions.

Civil society representatives also voiced concerns about the shrinking financial space for organizations working on the frontlines in communities.

They warned that relying too heavily on external project funding can undermine civil society’s independence and called for new approaches to help organizations build more sustainable funding streams.

The panel pointed to capacity building, networking, and organizational development as key ways to empower CSOs to mobilize resources and keep supporting communities.

The organizations are also pushing for closer coordination among the three major Rio Conventions on desertification, climate change, and biodiversity.

They argue that land degradation, drought, water insecurity, climate change, biodiversity loss, and food security are deeply interconnected challenges that demand coordinated solutions, not isolated efforts.

As negotiations unfold over the next two weeks, civil society groups are determined to make sure the voices of communities affected by land degradation and drought shape the decisions made at COP17.

They believe the true measure of the conference’s success will not be what is agreed on paper, but whether those commitments reach communities through funding, action, monitoring, and greater participation by those who rely on the land for their livelihoods.

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South Africa’s top court blocks Shell oil exploration off country’s Wild Coast

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In a landmark judgment on Aug. 14, South Africa’s Constitutional Court set aside exploration rights held by oil giant Shell and Impact Africa, a South African oil and gas company. The ruling prevents the companies from exploring for fossil fuels off South Africa’s Wild Coast.

The case was brought by Wild Coast communities and environmental organizations after Shell announced plans in 2021 to conduct a 3D seismic survey off the country’s Eastern Cape province coastline. They argued that authorities had failed to meaningfully consult affected communities or consider harms to their spiritual and cultural rights and livelihoods. Authorities also failed to consider the potential harm to marine life and climate change, the plaintiffs argued.

In the judgement, Justice Jody Kollapen wrote the majority opinion and said consulting communities isn’t just a procedural requirement, but “a process which affirms human dignity by affording a seat at the table to those whose lives are impacted by decisions.”

Acknowledging the “cornerstone role that dispossession played in the apartheid regime,” the court noted that South Africa’s natural resources are highly contested and that the case is embedded in “well-documented struggles by coastal communities to protect their land, marine resources and ways of life in the face of extractive activities.”

The judges also considered last year’s International Court of Justice Advisory Opinion on countries’ obligations in the context of climate change: “Decisions must be taken within a framework of heightened diligence, informed by scientific knowledge, international commitments and the foreseeable impacts of emissions on present and future generations,” Kollapen wrote.

The question of oil exploration rights in the area began in 2014, when the Department of Mineral Resources and Energy granted Impact Africa Limited the right to undertake a seismic survey to look for oil and gas reserves on the Wild Coast. Impact Africa Limited is a subsidiary of Impact Oil & Gas Limited, which in 2021 transferred a 50% stake of its exploration rights in the area to Shell.

The case has appeared before several South African courts over the past decade before reaching the Constitutional Court, the highest in the country.

Carmen Mannarino from the South African nonprofit Masifundise Development Trust, which works with communities in the area, told Mongabay that the court’s decision is a victory for fishing communities. “The court recognized that exploring for resources in light of potential future financial benefits does not compare to the constitutionally recognized rights of fishing communities,” Mannarino said.

“This is the apex court and the first time that it has dealt with issues relating to the community and environmental rights in relation to oil and gas exploitation,” Melissa Groenink, an attorney with one of the applicants, civil society organization Natural Justice, told Mongabay, adding that the ruling might influence similar cases currently in process.

Shell did not respond to Mongabay’s request for comment by the time of publication.

Banner image: Fisherpeople in Port St. Johns, Eastern Cape. Image courtesy of Aletta Harrison CC BY 4.0.

Source: news.mongabay.com

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Minister Nabakooba wants special land title issuance halted

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She said the continued issuance of the certificates without adequate verification was fuelling land disputes and creating opportunities for land grabbers to deprive legitimate owners of their property.

Lands minister Judith Nabakooba wants the issuance of certificates of occupancy, which act as land titles, halted for three months to allow the Government to review and streamline the process and curb double titling.

She said the continued issuance of the certificates without adequate verification was fuelling land disputes and creating opportunities for land grabbers to deprive legitimate owners of their property.

She made the remarks on August 14, 2026, during a lands staff meeting at the Office of the Prime Minister in Kampala.

The minister warned lands officers against issuing special certificates for land that already has registered ownership, saying those who disregard the procedures could face arrest.

“You have slept on your duty on the issue of special certificates. When you continue issuing them, I will send the police, and they will arrest you.”

Nabakooba cited cases in Kyengera and Kabula, in Wakiso and Lyantonde districts respectively, where the titles had reportedly been issued despite existing claims and titles on the same land.

“We need to sit and have a clear guideline on how to handle that issue,” she said, adding that many of the reported cases were coming from the Buganda region.

She said the creation of special titles on already registered land was also placing pressure on ministry leadership, as affected people frequently seek intervention.

“I receive distress calls from my bosses. You are putting special titles on existing titles, which makes my work very hard,” she said.

The minister’s concerns come amid persistent complaints about land grabbing, overlapping titles and double titling, which she said undermine public confidence in the country’s land administration system.

Nabakooba urged lands officials to take responsibility for the services they provide and follow proper procedures when handling land transactions.

She also directed lands officers to clear the backlog of land transactions by December, questioning how officials who frequently absent themselves from duty would meet the deadline.

She said the ministry continues to receive complaints about officers who report to work only once a week.

“You disappear a lot. Every time you give excuses. There are people who work for only one day a week. We get a lot of complaints from the public,” she said.

The minister also criticised poor customer care, saying some officers shout at clients and create an intimidating environment that discourages people from freely presenting their land-related concerns.

She further directed officials to remove brokers operating around Ministry Zonal Offices, accusing them of misleading clients and sometimes posing as ministry officials to solicit money.

“Let’s try to get brokers out of our offices. They even start blackmailing our names, posing as officials from the ministry and taking money from people,” she said.

Nabakooba also directed staff to wear name tags and ministry shirts to help members of the public distinguish genuine ministry employees from brokers.

The technical officers were also directed to enter titles completed under the Systematic Land Adjudication and Certification programme into the land information system and ensure they are distributed to the intended beneficiaries.

The minister appealed to officials to engage contractors to provide outstanding data needed to complete the programme.

“This is a World Bank loan, and we have to pay back the money, so let’s use it properly to finish the services they were asked for,” she said.

Nabakooba also urged technical officers to accompany ministers during field visits, saying their expertise is necessary to provide technical guidance and help the Government understand challenges faced by communities.

What others said

Acting permanent secretary in the lands ministry Dr Emmanuel Mugunga urged staff to embrace teamwork, accountability and respectful treatment of colleagues and clients.

He warned that the Human Capital Management System would track staff attendance and that absenteeism would have consequences.

Housing state minister Persis Namuganza urged staff to restore public confidence in the ministry, saying some members of the public now associate lands officials with land grabbing.

Lands state minister Harriet Ntabaazi called for greater collaboration among officers and warned technical staff against treating themselves as “small gods” at their duty stations.

Ntabaazi said land grabbing, overlapping titles, double titling and family conflicts remain among the major challenges facing the lands sector.

She also cautioned officers against soliciting money from clients, saying such practices damage the ministry’s reputation.

The ministers called for stronger accountability, adherence to proper procedures and improved teamwork to restore public confidence in land administration.

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