"Only after the last tree has been cut down, Only after the last river has been poisoned, Only after the last fish has been caught, Only then will you find that money cannot be eaten." Cree Indian Prophecy
Re: Release of the “third revised draft” during the negotiation by the Open-ended Intergovernmental Working Group on the elaboration of an international legally binding instrument to regulate the activities of transnational corporations (TNCs) and other business enterprises with regard to human rights
The Global Campaign to Reclaim Peoples’ Sovereignty, Dismantle Corporate Power and Stop Impunity (Global Campaign) notes the release of the third revised draft of the binding treaty, published on August 17, 2021. It is the result of the negotiation process started in 2014 with the adoption by the Human Rights Council of Resolution 26/9. This new draft emerges after the discussions held during the 6th negotiation session of October 2020 and the subsequent Matrix process of February 2021.
We are deeply concerned about the continuing hollowing out of key content, i.e., content that social organisations and affected communities view as critical. We hereby share our first impressions on the new draft and raise some procedural questions concerning the negotiation of successive “drafts”.
Although we note some positive changes in the third revised draft, these are mostly cosmetic, rhetorical and ineffectual. These superficial changes seek to increase the legitimacy of the proposed text, but, in reality, fail to solve the structural problems repeatedly highlighted by social movements and affected communities.
A change of direction in both content and procedure will thus be necessary to meet the objectives set out in Resolution 26/9 and to respond to communities subjected to human rights violations. It is unacceptable that the innumerable proposals for improving the draft presented throughout the negotiation sessions by representatives of the affected communities, social movements, as well as many experts and States to be omitted. The third revised draft is basically similar to the previous draft, despite the high number of concrete proposals that were made to improve it. This gives us the feeling of a lost year.
Moreover, the methodology used to revise the draft transparently considering the contributions of States and civil society organizations is a must. We appreciate the synthesis and mediation efforts of the Ecuadorian Chair Rapporteur. Nonetheless the negotiation has reached a point of maturity that requires a Member driven, open and transparent negotiation process facilitated by the Chair Rapporteur. This must ensure that the voices of civil society and affected communities are heard and taken into consideration by including the diverse text proposals in brackets during the session of negotiation. The objective of the session should be to achieve a new draft proposal of the IGWG and not just of the Chair. In short, to be true actors in the process, civil society must have both voice and influence.
In terms of content, we note once again that, following the approach presented in the previous drafts released by the Chair Rapporteur after the robust Elements Paper in 2017, and despite some positive elements, the new draft continues to present an ineffective and “toothless” instrument. We also note the use of vague, indeterminate and even non-legal concepts that may compromise the future interpretation and application of key articles.
As it stands, the draft instrument fails to meet the objectives established by Resolution 26/9, namely to regulate the activities of transnational corporations within the framework of international human rights law (in order to prevent human rights violations by TNCs and stop corporate impunity) and to ensure effective and comprehensive access to justice for affected peoples, individuals and communities. Furthermore, the current draft would not close the existing legal loopholes that allow and will allow TNCs to violate human rights with impunity and to escape liability for their actions. Without more innovative and ambitious provisions, the treaty risks becoming a new futile instrument aligned with voluntary frameworks that have already demonstrated their ineffectiveness.
Furthermore, the new text unacceptably continues a logic centered exclusively on States’ obligations, and fails to establish the direct obligations for transnational corporations, necessary to hold them directly accountable for the human rights violations they are responsible for. We are also concerned about the continued extension of the scope of the text to all business enterprises, including small and medium-sized enterprises. This dilutes the raison d’être of the binding treaty and the purpose set out in Resolution 26/9 (to address the particular obstacles to holding TNCs accountable), which clearly refers to transnational corporations and other business enterprises “with transnational character”.
Another element is the scope of prevention and legal liability of TNCs which focuses on weak provisions linked to due diligence, an inherently limiting concept. This risks a situation where TNCs escape liability as soon as they comply with due diligence processes.
We call attention to the lack of an unequivocal reaffirmation of the primacy of international human rights law over corporate, trade and investment law, the absence of a strong international enforcement and monitoring mechanisms (including an international tribunal) that would guarantee the effective implementation of the treaty, as well as the several remaining gaps in terms of inclusion and definition of global value chains, the piercing of the corporate veil, and addressing the bottom line of transnational corporate impunity.
At this stage, it seems clear that the Chair of the Working Group is steering the process towards the elaboration of a treaty emptied of its core content and focus on transnational corporations, with only generic provisions that rely on the capacity and political will of the States for their implementation and in line with corporate self-regulation. This confronts us with a text overly accommodating to the requests and interests of the corporate sector and their political allies.
This being said, the Global Campaign will continue its strong engagement in the negotiations with the unyielding intention to com up with a truly binding treaty worthy of its name and capable of becoming a bulwark against the power of transnational entities that lay claim to being the engines of our economies while they violate human rights and destroy our natural environment with impunity. In line with these commitments, the Global Campaign will, if necessary, oppose the adoption of a treaty whose content has been watered down and risks becoming a “normative trap” that closes the door on truly effective reforms in the coming years.
Today, the 7 September 2021 has been exactly 17 months since Mozambican journalist Ibrahimo Abu Mbaruco disappeared in Cabo Delgado. His last message was to a colleague saying that the army was coming towards him.
Ibrahimo worked for Palma Community Radio and had been reporting on the violence in the area. Since then, what effort has the government put into finding him and bringing him back to his family? Absolutely nothing.
Since 2017 Cabo Delgado has been ravaged by a fatal conflict between insurgents, the Mozambican military, Russian and South African mercenaries and now the Rwandan and South African armies as well, that has created 800 000 refugees. This violence is deeply linked to the gas industry that has exploded over the last few years. The industry is headed by Total (France), Eni (Italy) and ExxonMobil (US), and is one industry filled with a great amount of treachery in the Mozambican and other states involved, which forms part of the corruption trial currently in the Mozambican courts.
Over the last few months several media outlets have arrived in Cabo Delgado, after at least three years of the area being closed to international journalists.
It is a good thing that Mozambican and international media has finally been allowed there, since free media is a crucial part of any democracy. However, journalists who actually live in Cabo Delgado and were the first to report on the happenings since 2017, have not been allowed to work in the conflict areas, unless they are from state-owned media outlets.
In an article in O Pais 26 August, Cabo Delgado-based journalist Hizidine Acha wrote that journalists from the area are being humiliated by having to report on the topic from a distance, even though they are the ones who know the terrain and the local language. They fear that the lack of reporting in local languages might lead to disinformation among the communities. The article quotes journalist Emanuel Muthemba as saying, “Journalists from here have to be on the front line, because we have basic knowledge about the reality of the province, the people and the languages spoken by the population, which is very important,”; and journalist Assane Issa says “speculation grows that we are not capable of doing this type of coverage – that only those from the country’s capital are. But this is not true, because we are the ones who have been reporting on the daily life of the province.”
In fact, the article continues saying that recently 20 local journalists were invited to cover the conflict, but for reasons they were never told, were never actually able to leave Cabo Delgado’s capital and largest city, Pemba.
But even if they were able to report, the government has made it clear that they will not make it easy. On 11 April, on the ‘Day of the Mozambican Journalist’, even though his general rhetoric has been about free press, President Felipe Nyusi sent a document to O Pais, saying, journalists must report with “rigour, professionalism and patriotism”. He said “the Mozambican journalist should not be a reproducer of wishes contrary to our unity.” And he followed this in May saying that journalists have to be “disciplined”: “To have discipline is to report only the truth, to combat fake news and not to incite violence and hatred.”
This is not freedom. This is a threat. This is saying that journalists have the ‘freedom’ to write or to film or to record for radio, as long as this is in aligned with the state’s narrative. Or else.
The public media and many international journalists are reporting on the violence in the province as only a humanitarian issue created by violence caused by insurgents, and not on how many of these refugees were actually already displaced from their villages, and had lost everything, because of the Afungi Liquid Natural Gas (LNG) Park that Total is building to house the support facilities for the industry. Reporting in this way allows the gas industry off the hook for the part they have played in this humanitarian crisis and conflict, including how Total has left the displaced communities who were relying on them for compensation and aid with nothing as they pulled out of the country when claiming force majeure.
International journalists are protected by having foreign passports. But who is protecting local journalists from non-state outlets, like Ibrahimo, or like Amade Abubacar from the Nacedje Community Radio who was arrested, tortured and held without charge for 3 months in 2019 after interviewing a group of displaced people? Or the journalists of Canal de Moçambique whose office was bombed in 2020 after exposing corruption between the government and gas companies?
In April 2020, Reporters Without Borders and 16 other press freedom organisations wrote an open letter to President Filipe Nyusi, who ignored it, just like the military and relevant government officials did not even bother to respond, and the police treated it like a joke. On 8 June 2020, Ibrahimo’s brother contacted the local police to inform them that he had called Ibrahimo’s phone and it rang. He reported it to the public investigators responsible for finding him, the National Agency for Criminal Investigations. They promised they would look into it, but since then there has been silence.
But we must not stop fighting!
In January, the African Union (AU) launched the Digital Platform for Safety of Journalists in Africa. At the launch, South African President Cyril Ramaphosa, who was AU chairperson at the time said: Media freedom “requires that we rigorously defend the right of journalists to do their work, to write, to publish, and to also broadcast what they like, even if we disagree with some or all of it.. The digital platform for the safety of journalists in Africa is an important tool in promoting the safety of journalists and other media workers across Africa.”
Now they must put their money where their mouth is, by holding the Mozambican government accountable for its violent media oppression and pressurise it to stop, and they must recognise how part of this oppression is to protect the gas industry. The platform was supported by the United Nations, and both they and the AU have the responsibility to find out what has happened to Ibrahimo, and must use their power to do so.
It is clear that Mozambican journalists cannot rely on their state for their protection – the very people who are obliged to protect them, but sadly are reliant rather on non-governmental organisations and media groups – both international, and local, who themselves are putting their safety on the line just by speaking out. When journalists are told they need to report with “patriotism” and “discipline”, it is clear that, just as history has shown, they cannot know that they are safe. They cannot know their colleagues will not be arrested and tortured or that their offices won’t be attacked. They cannot know that they, too, will not disappear and be another Ibrahimo.
We must not stop pushing to find out, where is Ibrahimo?
Our Say No to Gas! In Mozambique Campaign has many elements, but one of the crucial ones is confronting fossil fuel criminals involved in Mozambique’s gas industry, about the destruction, violence and devastation they have caused in Cabo Delgado province.
One way of challenging them and making demands for them to leave and stop their involvement in Mozambique gas, is attending Annual General Meetings (AGM) of several large international players in the Mozambique gas industry, which this year we did for the fourth year running. Attending these AGMs is a way to force the highest level decision-makers in these companies to hear our voices and the voices of the people whose lives they are devastating, to demand information and call them out on their crimes against the climate and peoples in a large public forum that includes their shareholders and employees. It is a way to prevent them from saying “we didn’t know” about the impacts – even though taking active measures to identify potential risks of human rights violations is part of their responsibilities. There is often media at the AGMs of the large companies, giving us another opportunity to bring to the international public the issue of Mozambique gas and the violence and destruction being perpetrated by those who profit from it tremendously.
With the Covid-19 pandemic still raging, most of the AGMs were held online.
The AGMs we attended were of Eni (Italy) which is co-leading the Coral Liquid Natural gas project with ExxonMobil; Total (France) which is leading the Mozambique LNG Project; Shell (Netherlands), who was previously involved; Standard Bank (South Africa), one of the major financiers; and HSBC (UK), another massive financier. While there are some questions specific to each company, many of them are standard. This is because, while Eni, Total and ExxonMobil may be the companies leading the actual gas extraction and responsible for constructing the offshore and onshore facilities, every player involved in the Mozambique gas industry is to some degree responsible for the negative human rights, climate, environmental and socio-economic violations and impacts it has created. Companies and governments involved often try to wriggle out of their responsibilities and accountability by claiming that they are not ‘directly’ responsible for the impacts. This is utter nonsense – without financiers, contractors or confirmed purchasers, the Mozambique gas industry would not exist.
We demand to know why they continue to invest or operate in Cabo Delgado considering the horrific violence and conflict that has been taking place for years between insurgents, the military and private security companies, in which thousands of civilians have been killed and over 800 000 people displaced. We want them to recognise that they have directly created suffering and deeper impoverishment for the communities affected by the project, who have lost their homes and livelihoods, and received no decent jobs; and we ask what is their plan to make reparations. We want them to provide transparent information, something lacking in an industry which is so opaque and secretive.
Eni insists they are ‘providing support to the basic needs of local populations’, even when we tell them that the only jobs Mozambicans have received have been menial and unskilled. They say that a mere 370 permanent jobs will be available in total over the life cycle of the Coral LNG project, although they don’t say if these will actually go to Mozambicans.
All companies refuse to see a link between the gas industry and the violence, with Eni even saying they see no risk whatsoever, and denying any human rights violation by the military, even though this had been exposed in mainstream media and international human rights organisations’ reports.
Total, which claimed force majeure in April 2021 due to the violence, putting the Mozambique LNG project on hold indefinitely, made the contradictory remark that the safety and well-being of communities was a priority, but at the same time, “our mission is to protect the interests of Total’s shareholders and our partners”. These are obviously mutually exclusive, as continuing with the project will only continue the violence and dispossession that communities are facing. While they insist that the Mozambique LNG project has not been “abandoned”, they put the responsibility of the impacts on communities solely on the Mozambican government.
Standard Bank also believes that their investments are not at risk because of the violence. Even as people in Cabo Delgado are being killed every week, they carry on with business as usual, as though the militarisation and its accompanying human rights violations creating refugees and forcing displacement, do not matter to them at all. Clearly, even though they use an undisclosed “consortium” of civil society organisations in Cabo Delgado to do “monitoring”, the lives of the rural affected peoples means nothing to them.
HSBC on the other hand, just refused to answer the questions, except to say they cannot talk about private clients and very few jobs will go to Mozambicans because of the project’s “advanced technical requirements”.
Company AGMs can be very frustrating events. Directors often dodge questions or answer them insufficiently on purpose, or just pretend they didn’t hear them at all. But this year, as with most, these experiences and actions are more than confronting fossil fuel companies and financiers, they also strengthen civil society’s collective struggle against fossil fuels and the impunity of transnational corporations.
We use these as opportunities to work with other regional and international organisations and movements who are fighting against the same company or projects for crimes they are committing in the different countries. As partners, we support each other in asking questions, gaining access, publicising on social media and holding protests, and use the opportunity to exchange with each other about the different ways we are campaigning against the same culprits. When we attend as a group, our presence is powerful. As a team, we have more numbers and confidence in our actions inside and outside AGMs, more access to media and more impact if we choose to cause any disruption. If these companies do not want to take the time to talk to us and our comrades, this is a way for us to force them to listen. The strongest outcome of attending AGMs is that we are saying clearly, with a collective voice ‘we are watching you and we are not going away’, while we demand that they leave and stop their profit-mongering activities that are killing peoples and the planet.
Peasants and brickmakers from the neighbourhoods of Primeiro de Maio and Catete have been demanding a fair compensation from both VALE and the government for the loss of their land, loss of access to water and ultimately their means of subsistence. They lost access to River Moatize due to the expansion of the VALE mine – Moatize III – in 2019. VALE claimed in March of this year that it owed nothing to these groups. Since then, it has come to recognize that it will have to pay some form of compensation. However, this process has been dragging. On the 6th of May of 2021, the brickmakers and peasants occupied Section 6 of the mine and blocked the mining road. This event was reported by JA! in a recent article. What happened on this day and, even more importantly, on the day after, invite from us a profound reflexion about the way in which VALE and our government are dealing with this situation. To this effect we have brought to bearing a first-person account of one of the members of the peasant commission of Nhantoto: Sr. Fernando Botão.
“We started telling the drivers to go stow away the vehicles and the machines, and not to circulate on that road, so that VALE would have to, at least, come give us a clarification with respect to our demands. That’s because ever since we were paralysed in our activities we haven’t been assisted [in general] nor have we even received any nutritional assistance” – says Sr. Fernando explaining what happened on the 6th of May when peasants and potters paralysed VALE’s mining road.
The paralysation lasted for a large part of the day and, according to the brickmakers, it only came to a close when they were assured by representatives of the company and the government that in the following day they would have a meeting together with VALE and the government of the district of Moatize in the neighbourhood of Primeiro de Maio.
This paralysation and the demands coming from the groups affected by VALE arise within a context of fatigue and frustration for many reasons, among which are:
– the detereoration of the life conditions of many of these families, formerly sustained by the production of bricks and by subsistence farming;
– the difficulties in the correspondence with VALE, wherein VALE insisted for some time that the group of brickmakers here in question was included in a group that was previously compensated by the company in 2018; the brickmakers and peasants of the neighbourhoods of Primeiro de Maio and Catete have attempted to explain that they are in fact a distinct group that was only affected in 2019 by the recentmost expansion of the mine Moatize III;
– the dragging of meetings between the commissions of brickmakers and peasants, the government and VALE over the past 2 years without there ever being a concrete solution to the problem; – the uncertainty and lack of information with respect to the disinvestment of VALE in Mozambique leading to concerns regarding the numerous pendencies which the company still has with the communities affected by the mine;
– the rise in conflicts between the members of the commissions of brickmakers and peasants and the respective communities; members of the commissions are acused of not being able to resolve the issues of the community, as well as of negotiaing for their own private benefit, as communities cannot deduce any productive outcomes from these negotiations.
These are just some of the reasons why the community made their demand in conjunction with the commissions of brickmakers and peasants incredibly simple, clear and legitimate: VALE and the government should meet them in their neighbourhood and speak to the entire community without any intermediaries or representatives of the commissions.
In Sr. Fernando’s testimony, we can hear with some detail how the occupation on the 6th of May was, as well as what happened on the next day – 7th of May – when the brickmakers, peasants and residents of the neighbourhoods Primeiro de Maio and Catete assembled to wait for the meeting arranged on the previous day to take place in the big square in front of the old CARBOMOC police office at Primeiro de Maio.
It was the Police who came
“The manner in which they surrounded us (the police), we didn’t expect it, we assumed that maybe they had come to garrison the terrain so that when the Administrator arrived she would see that the site was protected.” – said Sr. Fernando describing the moment when the police arrived at the location where the meeting was planned.
But the police hadn’t come to escort anyone. Neither VALE nor the government of the district showed up to the meeting on the 7th of May. The various vehicles employed by the protection police and the Unit of Rapid Intervention (UIR), which Sr. Fernando had judged to be there for security purposes, surrounded the residents and soon after, according to several reports from the community, UIR agents started approaching the people and ordering them in an intimidating manner to disperse or else – in Fernando’s own words – they would “change colours”.
“I said.. Sir (policeman), you can’t intimidate this lady, because here we are not in Cabo Delgado, we don’t have any weaponry” – retells Sr Fernando as he describes an exchange he had with a security agent who was threatening a resident.
It was then when the UIR agents decided to use tear gas and shoot rubber bullets to disperse the agglomeration. There are dozens of reports of people fainting or developing respiratory problems, including children and newborn babies. According to witnesses, the police even fired tear gas bombs inside the houses to which the people had escaped. One citizen was shot with a rubber bullet and had to be hospitalised for many days; furthermore, at least 6 citizens were taken to the police station without any accusation against them, 2 of them being detained until the following day. Some people also reported to JA the use of fire weapons, itself implied by some fires in the neighbourhood provoked by the gunshots of the police. The children who were studying in the Primary School Primeiro de Maio at that moment had to abandon the lessons, and many were lost from their families for several hours.
What can justify this violence from the police? What interests are the police and the UIR defending? The use of force to repress peaceful manifestations – a right that’s safeguarded in our constitution and fundamental to a functioning democracy – is unacceptable.
When asked about the events of the 7th of May, the Moatize District Administrator declared to JA that she did not know about them – not even about the actions of the police – until 2 or 3 days later. Moreover, she added that she was in her office during the whole day expecting the meeting with the commissions of brickmakers and peasants of Primeiro de Maio. This demonstrates, at best, a great lack of concern or competence, especially if we take into consideration the fact that even the President of the Municipal Council of Moatize was in the neighbourhood Primeiro de Maio as the events unfolded. And why, we ask, did VALE’s representatives not only not show up that day but didn’t even justify their absence to the population – especially taking into account that there have already been numerous times when police forces intervened in Moatize in alignment with the interests of the mining company.
VALE is known for conducting prolonged and non-inclusive processes as way of weakening the demands of the affected communities
It’s important to highlight here that the strategy of lengthening processes, exhausting affected groups and prolonging negotiations while excluding a big portion of the affected persons is common practice of VALE S.A. in many of the territories where it operates. This is all part of a broader strategy VALE uses to evade its responsibilities and try to delegate its commitments to the society and nature to the state, using the loopholes and institutional weaknesses existing in fragile and co-optable democracies such as ours in Mozambique. Needless to say, – for it is so widely documented and analysed – in addition to all the unjust resettlements and the environmental destruction, VALE Mozambique can also be regarded as having amounted no less than a terrible contribution in economic aspects such as fiscal income, employment generation, reduction of poverty, and inequality, which had been some of the great expectations to have been heralded when the contract for exploration was signed.
Well, taking into account the fact that VALE is preparing to sell its mines in Moatize and the Corredor de Nacala project – precisely at a time when its period of bonanza with respect to benefits and fiscal concessions comes to a close – these pending problems should be cause for concern and for sounding alarms in Mozambique as a country, but it seems for now that only the groups most directly affected by the company are recognizing the urgency of the situation. At any moment, VALE could find a buyer who is willing to invest in an obsolete deal in coal – and if it does so it will certainly do all it can to minimize any pending issues it has with the local communities or the country. On the other hand, such an investor will not to be concerned for the resettlement houses which will remain pending rehabilitation, with families still wanting for land to cultivate, or with brickmakers awaiting the conclusion of the interminable negotiations. We are not merely speculating – this is exactly what VALE did with its project in Baía de Sepetiba, in Brazil, when it sold to the company Ternium. The residents were caught by surprise with the sudden sale of the project, and today neither VALE nor Ternium are taking responsibility for the huge damage left behind.
A radically different path is necessary – and urgent
It’s urgent for us, above all else, to find ambitious and systemic ways to resolve, as a country, the problems facing most of the Mozambican people. We need to find another way that does not employ violence and repression as means to deal with discontented and frustrated citizens that decide to protest – for whatever the motive, and independently of whether it is convenient or not. We need to be able to collect heavy taxes on any large or mega-corporations operating in Mozambique so that we can invest in public services of quality for all and reduce the typical social tensions associated with a population pushed to the limit. And to guarantee the participation and protagonism of the people who are on the frontline of the impacts brought to bear by coal mines, big industries, industrial plantations, and mega-dams, so that they be the ones to define what is a just compensation for their land and territory. We cannot accept that our laws or ratified international treaties on human rights serve merely to fulfil the simple function of polishing our discourse toward financial donors or the UN – these rights need to be skin-felt, on a day to day basis, by all Mozambicans. It’s urgent for us to condemn and vehemently refuse any form of governing which oppresses and represses citizens that are against the current model of the country, in favour of the maintenance of ostentatious privileges of an elite that is becoming increasingly richer, unchallenged and criminal.
Above all, we need to rethink our pathways to the future whilst anticipating the mistakes that we have made before. We can learn a lot from the sale of the Rio Tinto mine to ICVL, from all the problems that persist in Capanga, Benga and in the resettlement of Mualadzi up to today, and refuse to allow VALE to do the same. We can learn from all that coal promised to be and wasn’t, and refuse to allow gas to do the same to us. Let us remember that VALE estimated a lifespan of about 35 years when it signed its mining contract with the government of Mozambique in 2007 – which means that, according to its calculations, there would be an international market or demand for coal until 2042. Today, a mere 14 years later, many can see the ridiculousness of this projection. When are we going to understand that to believe in the projections made by fossil fuel companies, or by research organisations funded by them, is a trap for any nation state? Are we going to continue to believe that gas is – for some special reason – going to succeed in developing Mozambique?
The stories of megaprojects that we hear all through Mozambique are not stories of employment, empowerment, or quality of life: they are in fact stories of impoverishment, despair, and social conflict. Nor are the stories that we hear about neoliberal capitalism throughout the world stories of solidarity or independence. The climate crisis, the rise in inequality, the systemic violations of human rights or the rising authoritarianism are inevitable results of a socio-economic system that rewards entrepreneurial actors for their absolute commitment to profit, independently of what the ensuing consequences might be. It is a model that is ever more shamelessly showing us what purpose it serves: the enrichment of global capital elites, with the complicity of our national elites.
In order to confront the times and crises that are coming we need a new paradigm: one which puts an end to the devastation of nature by man and re-establishes the control of the earth by local communities while prioritizing the conscious and collective use of resources that is inclusive of future generations. A paradigm which contributes to the formation of citizens motivated to act in defence of the next one by means of a competent State which is oriented to serve the people with the aim of valuing and strengthening our diversity.
We do need radical changes. And we cannot continue to allow the current socio-economic model to limit even our capacity to imagine a different model. In many places of the world, and even in Mozambique, this is already happening, in micro manifestations of resistance and social transformation that are largely repressed or not duly valued. We need space for these new paradigms to proliferate.
“Politics in our times should depart from the imperative to reconstruct the common world”, defends the Cameroonian philosopher and intellectual Achille Mbembe. It’s urgent that we start to chart this path, because we are already late and things are not getting better.
By: Melvin Arthur, Activist and partner of JA/ Nampula Province
A 15 year old girl, whose identity we’ve omitted, from the district of Palma in Cabo Delgado province, was forced by her progenitors to marry an adult of approximately 45 years of age as a way to alleviate herself from hunger within her family.
The minor, to whom we have attributed the name of Angela, arrived in the neighbourhood of Carrupeia, in the city of Nampula in May last year, when alongside 19 members of her family, she chose this capital of the north of Mozambique as a safe place of refuge against the terrorist attacks in the district of Palma.
Lacking any support, including food and shelter, from both governmental authorities and humanitarian organizations, young Angela’s parents decided (according to her) to force her to marry a 45-year-old adult, who was married already to another woman, as a way to ensure that he’d continue assisting her, especially with food, in order to guarantee the survival of the remaining members of her family.
After the marriage was negotiated, Angela began living with her first husband in a house rented by him, located still in the neighbourhood of Carrupeia, within the municipal administrative post of Napinine.
“My parents advised me to marry that man, firstly, to make things easier at home because we had no capacity to accommodate a lot of people, and secondly due to the lack of food. It was a decision made by my parents which I couldn’t refuse”, said Angela.
Angela’s marriage, though it didn’t even last a year, led to a pregnancy which resulted in a stillbirth. “After loosing the baby, I abandoned the house, against the will of my parents” she said, adding that she does not regret it, despite the difficulties she is currently going through to find food and shelter.
In Nampula, early marriages and child prostitution have been increasing lately and those displaced from the districts affected by the terrorist attacks in Cabo Delgado are the main protagonists of this reality*.
Many families of the war-displaced peoples living in the city of Nampula have been complaining because of their exclusion from the support of organizations. Some of the displaced people are begging for some coins in mosques, roads, and commercial establishments just to survive.
It should be noted that the province of Nampula has seen the arrival of a bit less than 70 thousand people displaced by terrorist attacks in Cabo Delgado, the majority of which have been living with relatives or in rented houses.
Yesterday, the 6th of May of 2021, more than a hundred brickmakers and peasants from “Primeiro de Maio” neighborhood in Moatize-Tete, invaded and paralysed the activities for several hours in section 6 of the Vale Company’s mine, as a protest for the loss of their access to the Moatize River, which is essential for the livelihoods and survival activities that they have been carrying out since 1994. These brickmakers and peasants saw recently their access to the river get cut by the mining company Vale, as part of the process of expanding the company’s activities to the Moatize III mine.
These issues were first raised in a letter, addressed to the Vale Company in March 2021, with a copy to the local government and to the Frelimo’s Party headquarters. The Vale Company replied evasively to the matter, claiming that they owed no compensation to these brickmakers since they had already signed a Memorandum of Understanding with other groups of brickmakers. In the face of threats that the work on the mine would be paralysed by the brickmakers, Vale has therefore been calling numerous meetings to try to solve the topic with the affected families. However, the brickmakers report that these meetings have been repeated week after week without having a solution for these issues, and that they already feel worn out by the company’s strategy in prolonging the processes without giving the right details as to how, when and how much the brickmakers and peasants will be compensated for the loss of their livelihoods. This strategy of the company is already known, taking into account its pending issues with groups of brickmakers and peasants previously affected by the Moatize mine, which until today have not been fully and properly compensated, as well as the pending issues with families resettled by Vale who are today still waiting for the company to pay compensation for the loss of their farmlands and to rehabilitate their houses, which are in poor condition.
That is why this Thursday, the 6th of May, the brickmakers and peasants got tired of the company’s delays and decided to block the mine since 7am in the morning, having abandoned the location only at 4.45pm, when a team from Vale called a meeting for today, the 7th of May, where supposedly the issues will be negotiated and solved for the brickmakers and peasants, that have no means to sustain their families.
Despite Vale’s announcement of divestment of the Moatize mine and its intention to sell the mine, in January 2021, the company continues to expand its activities and impact the families living in the vicinity of the mine, without compensating them properly for their losses. It is unacceptable that Vale continues with this hostile stance in Tete and that once again has sealed the access to a river that is fundamental for the livelihoods of families that live in the vicinity, without negotiating properly with the families for a fair compensation. As everything suggests, Vale intends to drag these processes on, until the sale of its project in Moatize and the Nacala Corridor, leaving countless liabilities and destruction behind.
Justiça Ambiental is in solidarity with the cause of the “Primeiro de Maio” neighbourhood’s brickmakers and peasants, as well as all other brickmakers and peasants that have been affected by Vale Mining company for more than 10 years. And once again we ask: Who benefits from coal mining? Who pays for the economic, environmental, social, climatic impacts from mining? When will we embark on a development path that benefits most Mozambicans, rather than just a small elite and international capital?
Once again, our visit to the Hapala community had repercussions on the members of the community with whom we spoke. Once again, we denounce the visible discontent of these people and the systematic abuse to which they have been subjected by some Portucel employees in the Ile District, and the question remains whether they do so at the behest of someone or independently. At the time we complained to the Head of the Socone Administrative Post, we explained that the communities continue to claim their land back, as they lost everything in exchange for promises that only served to convince them to give up their land, as these have not yet been fulfilled. These communities never knew that they could refuse to give up their land. We also publicly denounced it through our article “Portucel – The long wait for the much-promised better life”, and, as soon as we left the field, we received information that at least two of the members of the community with whom we were talking had unexpected and unwanted visits to their own homes, by three (3) identified Portucel employees. According to the community members that received the visits, these Portucel employees insistently asked what JA! intended, what they talked about and why they have met with them. One of these people is the leader of the Hapala Community, with whom we had no conversation. We did a brief courtesy visit to him, and according to our last article on this subject, we immediately realised that he was apprehensive to speak to us, due to the presence of another person, which happened to be the one who secretly took a photograph of us. Either way, the Hapala leader had to justify himself to the Portucel employees, to clarify that it was indeed a courtesy visit, as if a citizen had to answer these questions in his own home. This is clearly an intimidation, and we will not let it go, we will always denounce it!
These same three (3) employees were not satisfied with the little information they were able to extract from the leader and knowing that we did have a meeting with members of the community, they then went to the house of an elderly widow who participated in our closed meeting, to pose the same questions to her in her own house. They even snatched from her hands the brochure we had shared with her, returning it only when she protested and after having taken another photo. This peasant woman was present at our closed meeting and had shared with us her frustration for having been deceived, her despair for not having enough land to produce as she did before, and her sadness because, according to her, she has lost everything that was of most valuable to her: her land, her peaceful life. This woman told us how she feels, she told us that she just wants her land back. This woman also told us that she wants respect, she repeated countless times “we are also people, we want respect”. She also told us about the abuses which company employees have been subjecting the people to, the lack of respect with which they are treated, which also includes insults, such as “Namukwaneba”, crazy in the local language.
These acts of intimidation and even threats to members of the community who protest the most, have been recurrent. In the past, these acts have been reported to the offices of Portucel Mozambique in Maputo that has denied and ignored them. The acts have even been reported to the Office of the Ombudsman and they did get some attention, but impunity remains…
The acts of intimidation and threats have worsened. Earlier, they were visited by only 1 employee, now there are 3. Some members of the community received threats that if they continue to mention the names of the employees involved, they will be judicially sued for defamation. Others have already been called upon to respond to the District Police Command for holding open meetings with the JA! team.
We do not work in secret, our meetings are held in open spaces in the community, and local structures have our credentials, and everybody knows our work. In regard to local structures, we have already sent all the information shared here to the Head of the Socone Administrative Post and we request his urgent intervention. He thanked us for the information and assured us that he will soon go to the field with his team to meet with the members of that community to investigate the situation. He even considered the possibility of including JA! in the team that will monitor the process.
We take this moment to send a message to these intimidators in reference: if they want to know what we were doing in the community, they should come and ask us directly – not in the houses, but in our office! However, they still act like cowards, they wait for us to leave and then question the elderly widow, in her own house… who do they think they are? Are they going to intimidate a community leader because he is on the side of his community? Will they pay off everyone they can to act as spies in exchange for what? Maybe just for a phone … or for those social responsibility activities that only people who remain silent are those who will receive!!! Shameful!
JA! is not the only organisation to denounce these abuses, nor to denounce that these communities are not only not better off in life, but in fact have lost the little they had.
Intimidation will not be able to silence all voices! They will not shut us up! The more intimidation, the more threats and acts of intimidation, the louder we are going to scream, the further we are going to seek justice for all these people.
On 26 April, 2021, French transnational corporation (TNC) Total announced, “Considering the evolution of the security situation in the north of the Cabo Delgado province in Mozambique, Total confirms the withdrawal of all Mozambique LNG project personnel from the Afungi site. This situation leads Total, as operator of Mozambique LNG project, to declare force majeure.”
Our analysis of the “force majeure” phrase is that Total is trying hard to absolve itself of its commitments and slip out of its contracts with its sub-contractors, many of whom are local. With the “force majeure” announcement, it can claim that it is not responsible for complying with the terms of its contracts, but that it continues to hold the benefits of being the project concessionaire.
A press statement from the Mozambican National Petroleum Institute confirmed the situation of Total’s contracts and obligations, stating: “With the temporary interruption of operations, Total will not be able, during this time, to comply with the contractually assumed obligations and may also suspend or terminate more contracts with other providers of goods and / or services, depending on the time the interruption lasts… we clarify that Total did not abandon the Project, they remain as Concessionaire and Operator, with all the rights, duties and obligations…” (translated from Portuguese).
Sadly, both Total and the authorities fail to mention what will happen to the farming communities that have already been displaced and dispossessed to build the onshore Afungi LNG Park, who have still not been given land promised to them and remain without livelihoods. They cannot wait any longer especially given that it is projected the site will likely be dormant for over a year. Survival is at stake. Neither Total nor the government seem to have made any plan for them.
Total and the other TNCs involved in gas exploitation have already created havoc in Cabo Delgado. The people of the province have suffered immensely. Total has caused loss of livelihoods of local communities, due to land grabs for the gas project and all its secondary industries, and has blocked access to the ocean for fisherfolk who have been dumped inland and left without livelihoods. They were promised jobs in the industry which did not materialise. The area has faced a huge increase in militarisation, conflict and insecurity; the ‘resource curse’ theory has repeatedly shown how these link to fossil fuel development, especially in Africa. All warnings of these risks by JA! and civil society for years went ignored. It is sad to see this scenario play out again.
Cabo Delgado has been in flames. People already living in poverty, facing continued injustice and neglect, are under brutal attack. Palma was attacked by armed and organised insurgents on 24 March 2021 and the siege lasted for 10 days. This and previous attacks, starting in 2017, did not come out of nowhere, and the simplistic narrative of Islamic terrorism hides the social hardship that has given traction to extremist narratives. While the roots of the conflict are complex, the gas industry is fuelling social tensions as local communities feel frustrated, disrespected and desperate, seeing their province’s wealth being plundered by national political, and international economic elites and extractive companies, while the government continues to ignore their complaints and disregard their basic human rights and needs. Mercenaries, who have been indiscriminately killing civilians, are fighting this faceless insurgency alongside heavy-handed military and the conflict has left over 700,000 refugees in Cabo Delgado. When the lion and the elephant fight, it is the grass that suffers, as an African proverb reminds us.
Since the attacks in Palma, thousands of people are unaccounted for, missing or dead. Total evacuated its own staff and contractors, and only days later did some of the local population have a chance to be rescued to safety. Many others met a different fate. Of course the TNCs want more security for themselves, but what about the people? Joseph Hanlon writes in the Mail and Guardian that when Palma was attacked, “there was no security protecting the town, although 800 soldiers were inside the walls at Afungi protecting Total workers”.
Now, after creating havoc, Total wants to maintain itself as the lead gas operator but refuses to comply with its commitments, the most basic commitments to some of the poorest people on earth, like food security for gas-affected communities. The Mozambique gas project has already created deep social and economic issues. These will not go away overnight. Total must stop the gas exploitation entirely, but it cannot slink away from the mess it has already made. It must take responsibility and provide reparations for all the lives destroyed, all the lands grabbed, and the livelihoods lost. Total and the gas exploitation must stop, but that by itself does not erase years of abuse and dispossession overnight! The TNCs must be held accountable for the impacts and human rights violations faced by affected communities and be obliged to fully compensate the communities and remediate the damage caused.
JA! has always asserted and shown that our country should not be going down the dirty and unjust development pathway of fossil fuels, since it worsens the climate crisis, causes displacement and land grabbing, pollutes the air, water, soils, has terrible health impacts on local people and destroys the local ecology and livelihoods, and overall only serves the elites. Rather we need community-owned renewable energy for our millions currently without energy, and we need peoples’ centred development. More Mozambicans are now saying that we need to reflect as a country whether or not it is worthwhile to continue with this gas project.
But one also wonders why Total declared the “force majeure” position. Total is a TNC which secretly prides itself in being able to handle fossil fuel extraction in difficult situations. As Le Monde reported, the Total LNG site in Yemen has been used as a military base and secret prison by UAE militias after activities were suspended because of the war. Total also declared ‘force majeure’ in the Yemen site in 2015. What guarantees will be given by Total and the Mozambican government that the Mozambique Afungi site will not become like the Yemen site?
There is speculation in Mozambique about possible reasons for the ‘Force Majeure’ announcement:
It plays on the government’s fears of the project failing or being delayed, which could be used by Total to force the Mozambican government to renegotiate the contracts, already so favourable to Total, to give an even worse deal to the Mozambican people, while corporate elites and Mozambican elites make off with millions.
It also allows Total to demand more control over security of the gas region that prioritises their investment, that could come at the cost of broader national security and sovereignty.
It could help Total assert power over the Mozambican state and even a threat to use trade and investment agreements and their notorious Investor State Dispute Settlement (ISDS) system to demand compensation of millions for their losses.
What we do know for sure is this is a way for Total to indefinitely suspend its operations and not incur costs. Foreign contractors/ banks will likely file claims with Export Credit Agencies (ECAs) to be paid back. But Mozambican contractors do not have this option – they will be hit badly while citizens of global north countries will subsidise the fossil fuel TNCs, leaving Mozambique with an even larger debt, which is ironic since the gas revenues were the false panacea meant to solve the debt problem. We denounce these systems that threaten the future and well-being of the poorest peoples while benefiting the wealthiest.
Demand to the transnational corporations, banks and investors:
We demand that Total and all transnational corporations, all purchasers and all investors involved in gas extraction in Mozambique cease all activities related to the gas projects right now and we demand an end to fossil fuel finance.
We demand Total and the TNCs and all involved provide fair and just reparations to those who have already been affected.
Demands to the Mozambican government:
We demand that the Mozambican government stops gas and fossil fuels exploitation in Mozambique, awarding no more concessions and choosing a path of peoples-based renewable energy instead, since the current energy path is destroying the peoples’ livelihoods, the environment and exacerbating the climate crisis.
We demand that the Mozambican government ceases putting transnational corporations and foreign investors ahead of the well-being of the Mozambican people and takes urgent measures to effectively regulate big companies operating in the country.
We demand that the Mozambican government focus on the socio-economic drivers of the violence and deal with the loss of livelihoods, loss of community lands, oppression of the people and other injustices.
We demand that the Mozambican government starts providing regular and credible updates about the situation in the ground in Cabo Delgado, including information about people killed, missing and displaced.
We demand that the Mozambican government stops harassing, intimidating and threatening journalists and activists reporting about the situation in Cabo Delgado, and takes concrete measures to punish those who do so including an investigation about the military’s role in human rights abuses.
By JA! Justiça Ambiental/ Friends of the Earth Mozambique
Friends of the Earth France
Friends of the Earth International
Friends of the Earth US
Womin African Alliance
Friends of the Earth Africa
Friends of the Earth England, Wales and Northern Ireland
A week after the insurgents attacked the district headquarters of Palma, the people of that district continue to arrive in Pemba city, with faces full of fear, sadness and, above all, uncertainty. Although about 9000 displaced people have been accounted for so far, there is information coming from those same displaced people, and also confirmed by the Ministry of National Defense, that there are still people hiding in the fields.
The displaced persons tell how it was on 24 March, a date that will never be erased from their memories. Reports say that rumours had been circulating since the morning of that Wednesday that the Al-Shabaab were going to attack the district. But it was not taken into account because of previous rumours circulating in that district two weeks before the attack, which said that the insurgents were in the fields near the village preparing for an attack. The frequent shootings that already characterised the daily life in the village of Palma, also contributed to these rumours falling into disregard on the part of some people. On the other hand, people placed trust in the Defense and Security Forces (FDS) of Mozambique that seemed to have a heavy presence in Palma.
However, according to reports from the displaced people who actually experienced the attack, at around 4pm the attack began in the village of Maʼguna, 800 meters from the village of Palma, when most of the population of that village fleeing the armed confrontation in Ma’guna, came into Palma. Two shoot-outs started simultaneously in the Quibuidi neighborhood, via Nhica do Rovuma and at the Aerodrome of Palma. At that time, everyone abandoned their homes and possessions and ran for their lives in an uncontrolled way. The insurgents appeared from different parts, and since they use a uniform identical to that worn by our Defense and Security Forces, the only thing that differentiates them are the scarves tied to their heads and their bare feet. It was clearly noted that their initial intention was to destroy the government infrastructure. The only safe area to escape was to the sides of Palma beach but at some point, certain points on the beach also became unsafe.
We heard moving and frightening stories from those who lived that Wednesday under fire and the days that followed. There were several kilometres walked on foot and under fire, with fear, hunger and thirst. Mothers ran carrying their young children on their backs. One of these children was hit by a stray bullet, but luckily it entered the buttock and lodged in the leg. That is the little one, Cadir Fazil, 1 year and 2 months old, born on February 21, 2020.
On Monday, 29 March, due to the fact that the baby was wounded, his mother and aunt were given priority on one of UNHCR’s humanitarian flights and were treated urgently at the provincial hospital in Pemba. There have been situations of despair of men refusing to board humanitarian flights and ships because they were unable to locate their wives and children or any other member of their family; children begging for their parents’ lives and yet, being forced to witness their cruel murders. In spite of all this climate of terror, the class difference did not cease to prevail among the victims of Palma. At the Amarula hotel, where government officials and some foreigners took refuge, a helicopter landed twice, the first time to evacuate the district administrator and the second time to evacuate the owner of the Hotel, leaving behind the various people who only had the option of joining the caravan, which was unfortunately ambushed along the way.
The Quiwia and Quirinde forests are still home to people who struggle for their lives because of hunger and thirst. Every day we received unclear information about events in Palma, as the total break in communications remains in that district still, and it may remain so until the crossfire between insurgents and the military ceases.
After several complaints about the silence of the President of the Republic, he took the opportunity to comment on the matter, at the launch of one of the headquarters of the National Social Security Institute (INSS) in the southern district of Matutuíne, Maputo province, where he made a brief mention of what happened in Palma in a simplistic way, and minimised what happened. From the speech made by His Excellency, the President of the Republic, two questions arose. Firstly, for having stated that there have been worse attacks to Palma and that it was not even very intense, the following two questions remain:
– What was the worst attack that has occurred from 2017 until today?
– Why after the worst attack took place, were there not measures taken to prevent a new attack from occurring?
Another statement by the President that drew attention was when he said that we should not lose focus, that Mozambicans should not be “disturbed”. However, it is revolting to hear this when, in one week, about 9000 people were evacuated from Palma by land, air and sea, many of whom do not know how they will survive, since they have abandoned everything they had in their village of Palma.
– What should these people now be focusing on?
– Is it wrong for these displaced people to be disturbed, after having to focus only on surviving?
We must not forget that there are already about 300,000 displaced people living in transition reception centres and resettlement centres so far.
The first displaced persons of this war are being resettled practically permanently in the surrounding districts of the city of Pemba and now with the attack on Vila de Palma, many more arrive, although proper conditions are still not created for the displaced people of Macomia, Quissanga, Mocimboa da Praia and Muidumbe. Should we not be disturbed when we have no answers for the hundreds of people who arrive in Pemba and other parts of the country, coming from the attacked districts without even knowing if they will ever be able to return?
Should we be undaunted and serene in the face of the massacres that we have been experiencing since 2017?
So, Mr. President, since 2017, we have been ‘disturbed’, since 2017 we have howled and called for an end to the attacks and demanded that concrete measures must be taken, but because perhaps Mr. president has a different focus than ours, so tell us, in desperate situations like this, what should we do to not lose focus?
24 February 2020: Climate justice organisations today release a new report: Chasing Carbon Unicorns: The deception of carbon markets and “net zero”.
In the lead up to delayed COP26 climate talks in the UK, and as big polluters continue to expand fossil fuel exploitation, this report unpacks the science behind carbon offsetting and reveals how “net zero” pledges will never solve the climate crisis.
Powerful actors are using “net zero” pledges to hide their climate inaction. Stopping the climate crisis requires us to stop burning fossil fuels – no magical thinking will solve this problem, just immediate action and system change. But transnational corporations and governments are hiding behind the “net” in “net zero” – claiming that they just need to pay someone else to remove carbon, through carbon offsetting, rather than taking action on their own.
This report unpacks the science behind “net zero” claims and how they are used to obscure climate inaction. It explores the new strategies to expand carbon offset markets, linked with new “net zero” demand for offsets. It also explains the roles played by various actors involved in the effort to “make offsetting great again”. These include less obvious players such as a few large mainstream conservation organisations, as well as the more obvious ones: the banks, the finance industry, and corporate interests behind maintaining the status quo of fossil fuel production and consumption.
Report published by Friends of the Earth International, La Via Campesina, Indigenous Environmental Network, Corporate Accountability, Asian Peoples’ Movement on Debt and Development, Third World Network, Grassroots Global Justice Alliance, Climate Justice Alliance and Justiça Ambiental.