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UN approves carbon market safeguards to protect environment and human rights

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The UN’s new carbon market will have a compulsory mechanism that aims to prevent developers of carbon credit projects from breaching human rights or causing environmental damage with their activities – a first for the UN climate process.

Developers of projects under the UN’s new Article 6.4 carbon crediting system will be required to identify and address potential negative environmental and social impacts as part of a detailed risk assessment under new rules adopted by technical experts in Baku, Azerbaijan, last Thursday.

Developers will also be asked to set out how their activities contribute to sustainable development goals like ending poverty or improving health, alongside their primary objective of reducing greenhouse gas emissions.

Maria AlJishi, chair of the Supervisory Body in charge of setting the rules, said in a statement that “these new mandatory safeguards are a significant step towards ensuring that the UN carbon market we are building contributes to sustainable development without harming people or the environment”.

The risk reduction measures introduced by the so-called “Sustainable Development Tool” represent an attempt to grapple with widespread concerns over the harm caused by some carbon credit projects around the world.

The Clean Development Mechanism (CDM) – the previous UN carbon market set up to help richer countries meet their emissions-cutting pledges – was dogged by accusations of social and environmental abuses linked to its registered projects. They included, for example, toxic pollution from a waste-to-energy facility in India, forced relocations due to infrastructure like a hydropower dam in Panama, and villagers in Uganda being denied access to land they used to grow food as a result of a tree-planting project.

The CDM had only a less-rigorous voluntary safeguarding mechanism that was heavily criticised by civil society.

The approval of the new Sustainable Development Tool this week marks the end of a two-year process to agree on the rules, which will work alongside an appeals and grievance procedure rubber-stamped earlier this year.

Kristin Qui, a Supervisory Body member closely involved in developing the tool, told Climate Home it had been “very challenging” to get it right. “Everyone wanted to find the right balance between making sure the tool can be used while at the same time being as stringent as possible,” she added.

Under the new rules, project developers will have to fill out an extensive questionnaire designed to assess the risk their activities could pose in 11 areas, including land and water, human rights, health, gender equality and Indigenous Peoples.

They will have to describe how they are planning to avoid any negative impacts or, if that is not possible, the measures they are taking to reduce them, as well as procedures to monitor their implementation.

External auditors will review the risk assessment, check that local communities have been properly consulted and evaluate the appropriateness of the actions proposed by the developers. The rules will apply to both new projects developed under Article 6.4 and to over a thousand more that are seeking to transfer into the new market from the CDM.

Isa Mulder, a policy expert at Carbon Market Watch (CMW) and a close observer of Article 6 negotiations, said the tool “should go a long way in upholding rights and protecting people and the environment”.

She added there is still room for improvement on certain provisions and said the mechanism will need to be used as intended for it to be effective, but called it “a really good start”.

The Supervisory Body will review and update the safeguarding tool every 18 months, striving to improve it based on feedback from those involved.

In addition to the risk assessment, the mechanism will require project developers to assess the potential impacts of their activities on country efforts to meet the 17 Sustainable Development Goals, adopted by the UN in 2015 and due to be met this decade.

Qui said the tool will make project developers reflect more closely on how they can share benefits with local communities.

“It poses the question of how the project is actually going to contribute to sustainable development in addition to simply avoiding harm and encourages a high level of engagement with Indigenous populations from the get-go,” she added.

The approval of the Sustainable Development Tool is seen as an important stepping stone towards achieving the full operationalisation of the Article 6 carbon market at COP29 in November – one of the main priorities for the incoming Azerbaijani presidency of the talks.

CMW’s Mulder said the tool’s adoption was “very significant”, as having a human rights protection package in place was “probably a prerequisite” for many countries to even consider approving other carbon market measures at COP.

After extended and heated discussions stretching into the early morning on Thursday, the Supervisory Body also agreed on guidance for the development of carbon-credit methodologies and carbon removal activities aimed at ensuring that emission reductions claimed by projects are credible.

These key building blocks for the establishment of the Article 6.4 carbon crediting mechanism proved an insurmountable hurdle at the last two annual climate summits where government negotiators rejected previous iterations of the documents.

That prompted the Supervisory Body to take a different route in Baku this week by directly approving those documents as “standards” instead of simply presenting its recommendations for diplomats to fight over at COP.

Jonathan Crook, a policy expert at CMW, interpreted the move as “a risky take-it-or-leave it strategy” to avoid intensive negotiations. “I think this approach aims to ensure the texts won’t be reopened at COP29 for line-by-line edits,” he said.

Climate Home understands that governments will still have the option of rejecting the body’s “standards” wholesale or directing it to make further changes.

Supervisory Body chair AlJishi said in written comments that “the adoption of these standards marks a major step forward in enabling a robust, agile carbon market that can continue to evolve”.

But a fellow member of the body, Olga Gassan-zade, voiced concerns over the process. “Personally I have huge reservations against creating a UN mechanism that can effectively evade the UN governance,” she wrote in a LinkedIn post, “but it didn’t feel like the SBM [Supervisory Body Mechanism] as a whole was willing to risk not adopting the CMA recommendations for a third year in a row.”…PACNEWS/CIMATE HOME.

Source: Post-Courier

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Witness Radio petitions chief prosecutor: Want 34 community land rights defenders and activists released from prison.

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By Witness Radio team.

In the Hoima District, Western Uganda, an urgent and immediate action is crucial to halt an ongoing land grab. The work of community land rights defenders, activists, and local leaders has unfortunately been criminalized, with thirty-four (34) people from Rwobunyonyi, Kirindasojo, and Kihohoro villages falsely accused and sent to different prisons in the Hoima district.

Criminal files No. CRB 330-2022 has Busobozi Patrick, Kaija Phillip Osborn, Mbabazi Isaya, Wembabazi Denis, Tumusiime David, and Abitegeka David charged with aggravated robbery, while the CRB 84-2023 file has Magezi Lawrence, Kaahwa Nelson Komugisa Junior, Mugenyi Vincent, and others on murder charges. The files have been established to gang the work of community defenders and activists.

According to sections 189 and 286 (2) of the Penal Code Act cap 120, both offenses carry the death penalty upon conviction.

As observed above, community land rights defenders, activists, and local leaders have been targeted since 2022. The number of targeted defenders keeps on growing. Sadly, those who have been remanded to prison are still waiting for their cases to be tried, which is tantamount to judicial harassment and persecution.

Witness Radio findings indicate that one Fred Kato Mugumba allegedly orchestrated the land grab. He is backed by officials from Hoima police, Hoima district Office of Director of Public Prosecution (ODPP), and judicial staff. Mugambe and his accomplices aim to evict over 500 small-scale farming families from their ancestral land.

If the land grab is successful, the community will suffer a devastating loss of 800 hectares of land used for food cultivation. This loss will lead to children dropping out of school, families breaking apart due to lack of resources, and a significant increase in food insecurity, hunger, poverty, and illiteracy levels in Uganda.

The affected communities have a deep-rooted connection to the land, having lived on it for over 50 years without disruption. The ongoing persecution by Mugamba and his agents is, therefore, particularly shocking and unjust.

The same land almost ended the life of Junior Lands Minister Sam Mayanja, who was targeted with gunshots when he visited the contested land on August 24, 2023, to protect land grab victims. The current situation highlights the urgent need for intervention from a powerful office.

Witness Radio has, among other interventions, petitioned the Director of Public Prosecutions (ODPP) and urged the Chief Prosecutor’s office to call the file from Hoima High Court.

The office of the DPP is a constitutional body mandated to direct police to investigate any information of a criminal nature, institute criminal proceedings against any person or authority in any court other than a court-martial, take over and continue any criminal proceedings instituted by any person or authority, and discontinue at any stage before judgment any criminal proceedings.

Uganda is experiencing an influx of land-based investments, which have fueled land-grabbing tendencies and criminalization of community land rights and environmental defenders and activists’ work.

In the petition, Witness Radio alleges that Fred Kato Mugamba fabricated these charges in collusion with John Angwadya, a former local council member and chairperson of one of the targeted villages, Rwabunyonyi, as part of a strategy to facilitate the unlawful eviction of the community from their land.

“It is deeply concerning that the accused remain in protracted detention despite the constitutional guarantee of a fair and speedy trial and right to liberty. This is a clear violation of defenders’ fundamental rights and raises serious concerns about the criminal justice system’s integrity in this matter. The prolonged delay in their trial and the apparent ulterior motive behind the charges necessitate immediate intervention to prevent the miscarriage of justice,” the petition reads in part.

Despite multiple attempts by the community to engage various stakeholders, including Hoima’s district leadership, the Hoima District Police, the State House Land Protection Unit, and the State Minister for Lands, Dr. Sam Mayanja, their efforts have been futile. Instead of finding justice, those who resist are met with criminal charges and continued evictions, leaving many families landless and helpless.

“The efforts of our clients and community individuals engaging the different offices are viewed as a threat to the evictors, hence fabricating different charges against the accused persons to pave the way for the land grabbers to occupy the land in the absence of the accused persons. It is evident that the pending charges of murder and aggravated robbery are being made as a tool to harass and deprive our clients and family members,” the petition further reads.

In the petition to the Director of Public Prosecutions (DPP), Witness Radio has called for an urgent review of the circumstances surrounding the arrests and prosecutions of the accused. Witness Radio is requesting the issuance of a Nolle Prosequi to quash the charges and the immediate release of the prisoners.

The organization also demands that the case be expedited to prevent further unwarranted deprivation of liberty and calls for an independent investigation into any potential abuses within the criminal justice system.

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The joint final review of the National Land Policy 2013, a significant and collaborative effort between the government and Civil society organizations, is underway.

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By Witness Radio team.

Under the leadership of the Ministry of Lands, Housing, and Urban Development (MLHUD), and in partnership with Civil Society Organizations (CSOs) led by Participatory Ecological Land Use Management (PELUM), a crucial final review of the National Land Policy (NLP) 2013 is taking place in Kampala.

The Consultative event is a unique and empowering opportunity for all land actors to actively contribute to shaping Uganda’s land governance framework. It seeks to engage CSOs in shaping reforms in the much-awaited National Land Policy, addressing pressing land-related concerns such as land grabbing, promoting equity in land access, and enhancing strategies for sustainable land management.

The land ministry is expected to present a revised 2024 draft of the basis for discussion and obtaining valuable input from land actors and PELUM Uganda members to boost the policy framework.

Uganda first adopted the National Land Policy in 2013 to ensure the efficient, equitable, and optimal utilization of land and land-based resources for national development. Grounded in principles drawn from the 1995 Constitution and other macro-policy frameworks such as Uganda Vision 2040 and the National Development Plan (NDP), the NLP has served as a comprehensive guideline for Uganda’s land ownership and management.

With a decade of implementation behind it, the Ministry of Lands, Housing, and Urban Development is now reviewing the policy to integrate emerging trends and challenges. This review is crucial as it will ensure the policy’s relevance in the evolving land governance landscape, directly impacting your daily lives. The consultation process underscores the government’s unwavering commitment to inclusive decision-making by involving civil society and key stakeholders in policy formulation, ensuring everyone’s voice is heard and valued.

The event will be broadcast live on Witness Radio. To listen live, download the Witness Radio App from the Play Store or visit our website, www.witnessradio.org.

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Businesses, banks and activists resist EC plans to strip back human rights legislation

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Today the European Commission introduced their ‘Omnibus simplification package’ to amend key laws of the EU Green Deal, including CSDDD, CSRD and Taxonomy. The package proposes significant changes, including the removal of civil liability provisions in the CSDDD and removing 80% of companies from scope in the CSRD.

The earlier announcement from the European Commission as well as the leaked draft to reform recently-agreed EU laws such as the CSDDD has already come under attack from businesses, expertsinvestors and activists alike.

The UN Global Compact and companies including Unilever, Vattenfall and Nestlé have also expressed their concern. Nestlé Europe’s Bart Vandewaetere said that it had “been reporting on [environmental impact and human rights issues in the supply chain] ourselves for years. European regulations mean that more companies have to start doing that. That creates a level playing field and we welcome that.”

Former president of Ireland Mary Robinson added: “Von der Leyen’s new Commission’s attempt to eviscerate these sustainability laws must not be agreed by the European Parliament and by the member states.”

The European Banking Federation warned that weakening the CSRD could create challenges for banks, echoing concerns from more than 160 investors who cautioned that the Omnibus package could harm investment and increase legal uncertainty.

CSOs such as the European Coalition for Corporate Justice (ECCJ)WWF and the Clean Clothes Campaign have also sharply criticised the proposal. The ECCJ writes the proposal is “not simplification, but full-scale deregulation designed to dismantle corporate accountability”.

Workers’ organisations and trade unions from garment-producing countries across Asia, Europe and Latin America also opposed the ‘Omnibus’ this week, highlighting the risk the proposal will “exclude most supply chain workers” including 49 million home workers.

Source: Business & Human Rights Resource Centre

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