Monthly Archives: September 2021

Sep 27 2021
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Public letter of the International Meeting

“How to Resist Monoculture Plantations”

21 September, 2021 – International Day of Struggle against Industrial Tree Plantations

We, about 60 members of rural communities facing industrial tree monocultures on their land, coming from the provinces of Manica, Sofala, Zambézia and Nampula in Mozambique and from the province of Iringa in Tanzania; together with allies who support these communities; met – due to the pandemic only in small groups and interconnected by computers and mobile phones – during the 21st and 22nd of September 2021 at the international event “How to Resist Monoculture Plantations”.

For years, these communities have resisted the eucalyptus monoculture plantations of the Green Resources company in Mozambique and Tanzania, and those of Portucel and Investimentos Florestais de Moçambique (IFM) in Mozambique, as well as the rubber tree monoculture plantations of Mozambique Holdings in Mozambique.

The members of the communities present decided to break the silence imposed by the pandemic and denounce once again that the eucalyptus and rubber tree companies arrived on their land – in some cases many years ago – with promises of development, a future with schools, hospitals, energy and bridges. However, they denounce that none of these promises were fulfilled. Worse still, eucalyptus and rubber trees occupied and destroyed the fertile farmland, and today families no longer have food and some have nowhere to live. If eucalyptus were food, it would be much better, but it is not. In addition, companies destroy native trees and use chemicals that contaminate the soil and water. Wells and rivers have dried up and drinking water has become scarce. Instead of building bridges, companies destroyed bridges with their heavy machinery, without concern they should repair them. Communities are afraid to cross plantation areas. Even already occupying large areas, companies want to take over even more land.

We see and analyse that this whole situation is causing a lot of suffering, a lot of hunger in the communities, and affects women in a particular way. The Government opened the door to foreign companies and investors, and closed it to the people. What is happening is a new form of colonialism where the company is the new colonizer of lands where communities have lived for many generations.

Even though the companies justify that they consulted with the communities, there was no consultation where they could accept or refuse the company; there was a lot of manipulation of information and broken promises. The promised jobs do not exist, just a few, but mostly seasonal and poorly paid. Compensation payments have been absolutely negligible, insufficient to acquire another farm outside the community.

When someone decides to farm on land that the company claims is theirs, the person is intimidated and threatened. This also occurs when someone lodges a complaint with their local leaders or officials. In this case, nothing is done because these authorities usually receive something from the companies or are equally intimidated and disrespected by the company. To make matters worse, in some cases it is not just the police and the company, but the community leaders themselves that intimidate and threaten members of their own community if they file a complaint. Nor are organizations that support communities spared from intimidation. Recently, the Suhode Foundation team in Tanzania was illegally detained by the police for 19 days. All their equipment was confiscated and remains in police possession to this day. Certainly, Green Resources is behind this, in an attempt not only to divide communities, but also to prevent civil society organizations from continuing to support them.

We demand that communities and organizations that support the communities have their rights – ensured in various national and international legal instruments – fully guaranteed; that our governments defend the people and not the companies; that intimidation and threats from companies and authorities as well as community leaders stop; that our governments, instead of protecting companies, order that they be investigated for the multiple violations they are committing; that officials discuss the future with communities, so that communities can actually participate in the planning that aims to guarantee their permanence on the land, today and in the future, and improve their living conditions going forward.

Even if companies do not stop expanding, even if they try to intimidate and threaten us, we are committed to continue to unite in the fight against monocultures and the destruction and encroachment of land; even if companies and governments insult us, we will continue to look for ways for communities to retake their territories – some communities in Tanzania have already done so; even if they threaten us, we will continue to raise our voices more and more, and together we will continue to expose the situation of communities and denounce the actions of companies; even if they won’t listen to us, we won’t give up calling on our governments to join with their communities, communities that they should defend and protect above all.

We believe that together we will be stronger to resist monocultures and all kinds of usurpation of our lands, especially on this 21st of September, the International Day of Struggle against Industrial Tree Monocultures.

September 21, 2021 – Plantations are not Forests!

Membros das comunidades Rurais

Ação Académica para o Desenvolvimento das Comunidades Rurais – Adecru

Associação de Jovens Combatentes Montes Errego – AJOCME

Fórum Carajás – Brasil

Fundação Suhode Tanzânia

Justiça Ambiental – JA! – Amigos da Terra Moçambique

Missão Tabita

Movimento Interestadual das Quebradeiras de Coco Babaçu (MIQCB) – Brasil

Movimento Mundial pelas Florestas Tropicais (WRM)

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Sep 13 2021
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Activism, Binding Treaty, Crime, Dismantle Corporate Power, Flight against corporate power, Human rights, justice, Responsibility and Justice

STATEMENT OF THE GLOBAL CAMPAIGN ON THE THIRD REVISED DRAFT OF THE BINDING TREATY ON TRANSNATIONAL CORPORATIONS AND HUMAN RIGHTS

7th of September 2021

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.


Contact:

Júlia García, facilitation@stopcorporateimpunity.org

Raffaele Morgantini, contact@cetim.ch

Erika Mendes, erikasmendes@gmail.com

Sep 07 2021
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Activism, african corruption, climate change, Climate crises, Crime, Energy and Society, Flight against corporate power, fossil fuels, gas, gas industry, Human rights, justice, land grabbing, No to Gas, Responsibility and Justice

Where is Ibrahimo?

7 September 2021

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?

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