Category Archives: Activism

Administrative Court sentences mining company JINDAL and the Government of Tete Province for violation of community rights

Justiça Ambiental submitted a case to the Administrative Court of the Province of Tete (ACPT) in February 2016. The proceedings concerned the behavior of the Government and mining company JINDAL, which results in a breach of the fundamental rights and freedoms of the affected communities by failing to materialize their fair resettlement in the context of coal mining in an area located in Chirodzi, Marara, in the Province of Tete – mining concession No. 3605C attributed to JINDAL.

In response, ACPT rejected the request of Justiça Ambiental, on February 29, 2016, alleging, without legal basis, that the State is an illegitimate party and that the procedural means used by Justiça Ambiental were improper.

For Justiça Ambiental, there is no doubt that the ACPT decision was based on presumptions and tried, at all costs, to accommodate previous questions without knowing the merits of the case. This court reached a decision on the basis of arbitrariness and in clear abuse of the discretionary powers that the law confers on the judge of the case.

Under the terms of the law, in particular the Constitution of the Republic, the Mining Law and the Regulation on Resettlement Resulting from Economic Activities, it is incumbent upon the Mozambican State and JINDAL to create conditions for fair resettlement and to improve the living conditions of cause.

Justiça Ambiental did not agree with the decision of said Judgment nº 03 / TAPT / 16, filed the appeal in March 2016, and the proceeding was processed with reference number 25/2016 – 1ª, in the First Section of Contentious Administrative Court. This Court analyzed the case for a period of two years and decided to give reason to Justiça Ambiental, considering that the request of this civil society organization in defense of the environment and the social and economic rights of the local communities, through Judgment No. 41/2018 of June 12, should be carried out.

The Court ruled that ACPT judgment No 03 / ACPT / 2016 should be annulled and ordered JINDAL and the Government of the Province of Tete to complete, within six months of notification of the judgement, a fair resettlement of the community of Cassoca.

Justiça Ambiental has shown to the Administrative Court that the resettlement of the families affected by the project has not yet been materialized due to the simultaneous responsibility of JINDAL and the Mozambican Government. Justiça Ambiental also demonstrated the lack of necessary infrastructures and other basic social, economic and cultural conditions for a life with the minimum of dignity for the families in question.

It should be noted that the First Section of the Administrative Court states in its decision that the resettlement procedure in question has been going on for a long time, with the consequent deterioration of the living conditions and survival of the populations affected and surrounded by mining in the area granted to JINDAL, which justifies censorship by this Court, so much so that JINDAL has the resettlement plan approved since 2013 and signed commitments with the Government to erect houses and ensure adequate housing of affected families, but has never fulfilled such obligations to date.

Therefore, it is a question of a judicial victory, but one that is not yet felt in the living conditions of the affected communities. Therefore, Justiça Ambiental appeals to all society concerned for a joint campaign in the sense of those condemned to respect the Judgment and carry out resettlement accordingly. Justiça Ambiental is aware that the Mozambican Bar Association has also condemned JINDAL for violating the rights of the communities concerned.

There is no doubt, therefore, that the exploitation of mineral coal in Tete constitutes a breach of the fundamental rights and freedoms of the affected communities, rather than contributing to their social and economic development.

Maputo, 17 September 2018

PRESS RELEASE About the insistence in Mphanda Nkuwa

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“Hydroelectric dams in Africa may be among the most enduring of colonial legacies. They persist in ways that laws or traditions or patterns of life do not. They stand fixed in the landscape, changing the world around them while they themselves prove stubbornly resistant to significant change. Cahora Bassa, completed on the Mozambican stretch of the Zambezi River in 1974, the year before the end of Portuguese rule, was catastrophic for the approximately half-million people who depended on the river and its delta for their livelihood and for the tens of thousands who were forcibly relocated when the dam’s lake was created. Even today, the flow management scheme required to maximize export of electricity to South Africa continues to wipe out dry-season crops and drastically reduce fishing, making life along the Zambezi barely supportable.

Despite the traumatic history of Cahora Bassa, the Frelimo government is committed to a colonial-era plan to build a second dam approximately sixty kilometers downriver from the first. In many respects, Mphanda Nkuwa, as the dam project is called, looks like a replay of the colonial past. Mozambique justifies the dam in language largely unchanged from the colonial era. The overarching economic imperative driving the dam is the same—cheap energy for South Africa.”[1]

 

In light of our Head of State’s, among others’, recent pronouncements regarding our government’s intention to go forward with the wretched Mphanda Nkuwa dam project, Justiça Ambiental hereby reiterates its position of total repudiation regarding this venture and, as is its duty, once again alerts civil society to the dangers that this project entails for the country, the region and the planet.

Environmentally speaking, it is absolutely obvious and unquestionable that this dam (or any other dam) on the Zambezi (or any other river) is a bad idea, and it’s not just us who are saying it, it’s an entire scientific community in unison. Moreover, in the specific case of the Mphanda Nkuwa hydroelectric plant, the environmental unfeasibility of which we speak is not solely justified within the fundamental scope of ecological preservation, because it also translates into an inevitable and comprehensive economic unfeasibility. This is because, according to reports from the United Nations Framework Convention on Climate Change and International Rivers[2]“, for example, even without the dam in Mphanda Nkuwa, the Zambezi is one of the rivers in Africa that will suffer the most impacts from climate change due to the intense droughts and floods that are projected to the continent in the medium and long term, and such climatic events will certainly jeopardize the energy production of its many dams – particularly the Mozambican ones that are at the end of the line.

Equally troubling, if not more, is that regarding this project, several experts have already warned that building a new dam in a region where seismic risk is already naturally considerable, will substantially increase this risk. Needless to say, if a violent earthquake causes a dam to collapse, the consequences would be catastrophic.

Having said this, we plea to our government’s common sense, and appeal that, once and for all, they forget this madness. However, if they decide to squander the public purse in stubbornness – since the parties involved at least admit that the EIA of the project is out-dated (not to say that it was poorly drawn and / or that it is deeply biased) – we appeal that this time around, for the sake of Mozambique and Mozambicans, they conduct a careful, impartial, serious and inclusive assessment.

Still, before taking that step, in order to dispel understandable speculation about the economic motivations that are bringing this project back into the limelight – made evident in the news regarding investor and/ or pseudo-investors disputes brought up by the media last week – we would like to appeal to the Government that, before actually consulting Mozambicans, bluntly and with full transparency, they clearly and completely clarify the outlines, objectives and the rationale behind this project, including:

  • Where does the investment come from and in exchange for what?
  • Why is this project a priority for the country (taking into account the current socio-economic situation)?
  • Have we considered other alternatives? If so, which ones?
  • What is the real purpose of the dam and what hypothetical gains do you think it would bring to the country in the short and long term, including how do you plan to make it profitable (for example, given that Eskom is, in the world, the utility company that buys energy at a lower price – (guess whom from…?)

But because we are who we are, we can not fail to stress that at this point in time, we believe it is a gross mistake to invest in dams (for more of this dimension) as an energetic solution, when we know very well of its harmful effects. – This positioning is backed by the known and public withdrawal of countless countries from this type of solutions. (In the US alone, for example, in the last 100 years an estimated 1150 dams have been demolished!)
Why are we rowing against the tide, gentlemen?

 

Maputo, September 4th 2018

 

[1]  International Journal of African Historical Studies Vol. 45, Nr.2 (2012) “Harnessing the Zambezi: How Mozambique’s Planned Mphanda Nkuwa Dam Perpetuates the Colonial Past”, by Allen F. Isaacman, PHD (University of Minnesota and University of Western Cape) & David Morton (University of Minnesota)

[2] International Rivers “A Risky Climate for Southern African Hydro”, by Dr.Richard Beilfuss

Towards an Ecofeminist Just Transition

The world is facing many inter-connected crises. The one we hear about the most is the climate crisis, the earth is at a CO2 level not seen in 3 million years and our continent Africa will face the brunt of the crisis. But as we lament the climate crisis, we must not forget all the other crises we are confronting. We are facing an energy crisis; the numbers from mid 2017 show that over 60% of the people of Africa did not have access to electricity. We are facing a biodiversity crisis, a crisis of unemployment, a crisis of inequality as the world has never seen before.

As business elites made their way to Davos for the World Economic Forum in January 2018, Oxfam released a report stating that the richest 1% of people on the planet own 82% of the wealth of the planet. From March 2016 to March 2017, the number of billionaires increased by one every two days! Talk about gross domestic product. Oxfam reports that in four days a fashion industry CEO makes the same money as a Bangladeshi woman garment worker will earn in her whole lifetime. Women earn less than men and occupy the lowest-paid and most insecure jobs. This is nothing if not a crisis of planetary proportions.

Why do we need to look at inter-connected crises? Can’t we just deal with the climate crisis now and then deal with the others? The basis of climate justice is that we must deal with inter-connected crises all at once, because if we only try to confront the climate crisis, we will only exacerbate other crises. The basis of climate justice is that in dealing with the climate crisis we must also alleviate the other crises. Climate change is a symptom and a cause of the dysfunction of the system.

So we need a transition, but the transition has to be just, it has to be fair. We need to construct a different world. As Arundhati Roy wrote in her book ‘War Talk’ 15 years ago, “another world is not only possible, she is on her way. On a quiet day, I can hear her breathing.”

What is womens’ role in this system and in the resistance? Why does Roy refer to ‘another world’ as feminine? Similarly, why do the Latin American movements call the earth as ‘madre tierra’ (mother Earth)? This notion is based on the understanding that there is a dependency between human beings and nature, and that we must live on this earth in conjunction with nature and not against nature. Ecofeminism also asserts that capitalism exploits both women and nature, hence those oppressions need to be resisted together.

Capitalism organizes the world into the public sphere and the private sphere, based on the sexual division of labour. Men usually dominate the public sphere, the market, where money is handled and economic decisions are made. This is also the sphere where all the planet-killing decisions are made, such as fossil fuel exploitation, damming rivers, genetically modifying crops, etc. Women are often relegated to the private sphere of the home, where the reproduction of labour happens. This also includes most of the low paid, precarious jobs that women often hold. The way we understand it, the issue is not the division of labour per se, but the different values attributed to different tasks. The public sphere mostly dominated by men is considered important while the private sphere mostly dominated by women is considered inferior.

I believe that capitalism’s exploitative ways are based on exploiting the unpaid care labour of women. Capitalism needs and uses the free labour of women to take care of workers when they come home from the factory, to nurse the coal miners when black lung disease puts them on their deathbeds, to literally give birth to the next generation of workers for capital to exploit.

This does not mean that women do not occupy exploitative roles. We see some women in the public sphere, often making decisions that can be the same or worse for the planet or for vulnerable people. We also see some women being protected by the patriarchy. That’s when we remember that not only is capitalism entrenched along with patriarchy, it is also entrenched along with racism, classism, neocolonialism, the fossil fuel extractivist economy, etc. We need to dismantle all these oppressive systems, not just one or two of them, but all of them, because they reinforce each other. The way our societies are currently structured, the mutual reinforcement between these oppressions is what is destroying the planet and many of her most marginalized people. We need to understand the way structures operate, not individual examples, because these prop up and reinforce each other.

So women must be part of the resistance to this system which has left us reeling from these inter-connected crises. We must move from a world of competition to a world of cooperation and care. Care work should not only be womens’ work, it should be everyone’s work. We must change the culture and values of this current system. As stated beautifully by an organization called Movement Generation in their Just Transition publication called ‘From Banks and Tanks to Cooperation and Caring’, “in humble cooperation with the rest of the living world, we must rip out concrete and build soil; we must undam rivers and cap oil wells like our lives depend on it.”

Because our lives literally depend on it. This is a small step towards what an ecofeminist just transition can look like.

 

 

CSO’s warn government and society about the dangers of introducing Genetically Modified Organisms in Mozambique

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The agricultural and food crisis is being felt in different parts of the world, especially in countries that are most vulnerable to climate change, where agriculture is one of the main sources of income for families. This has led to the engagement of a number of material and financial resources – supposedly in order to meet the need and demand for basic foods – through various initiatives promoted by multinational companies of production and multiplication of seeds tolerant to different conditions of nature.

At the same time, the demand for food to address hunger and malnutrition has been used as a pretext to boost the industrial food production business conducted by large multinational companies, using unsustainable technological practices that endanger human health and the ecological balance in general. These practices include the use of biotechnology – especially the so-called genetic engineering, which makes use of scientific knowledge like the application of techniques of manipulation and recombination of genes – for the production of genetically modified organisms (GMOs), thus seeking to meet the growing challenge of food production. GMOs have also been used under the pretext of their useful application in animal farming and in the pharmaceutical industry for health care improvements. However, there are several implications for the use of these bodies, which in recent years have given rise to major debates within the scientific community.

On the European continent, a number of countries have enthusiastically embraced the production and consumption of genetically modified organisms, but today, according to Dr. Angelika Hilbeck[1], as a result of this and other wrong decisions, Europe has lost about 80% of its population of insects and faces a biodiversity crisis. Curiously, today, many of these European countries have introduced policies to discourage the production, marketing and consumption of products resulting from genetic manipulation because of the implications that have been placed on human health and the environment. Even so, year after year, the international campaign carried out by large corporations with the aim of promoting the production, commercialization and consumption of GMOs – especially in the Southern countries (a.k.a. “developing countries”), as is the case of Mozambique – continues to increase.

Since 2001 – when we ratified the Cartagena Protocol on Biosafety (Resolution 11/2001) – Mozambique has been working on the elaboration of national biosafety legislation. This work culminated with the approval of the Regulation on Bio-security on the management of Genetically Modified Organisms (Decree No. 6/2007), which established preventive measures and rules for controlling activities involving GMOs. This decree provided for a series of preventive measures, especially with regard to the import, marketing and research of GMOs. However, seven years later, part of these measures were changed with the repeal of the aforementioned decree and consequent approval of Decree No. 71/2014 – a change whose purpose was clearly to create room to allow the production of GMO crops. Legislation “tweaks” such as this one, are being carried out without the effective consent of the public that potentially consumes these products, thus violating Article 5 of Decree No. 27/2016 that regulates the Consumer Protection Law and also what was stipulated by the Nagoya Protocol regarding the right to information about products entering the country and their impacts.

The project for the introduction of Water Efficient Maize for Africa (WEMA) is a clear example that demonstrates the kind of pressure Mozambique is subject to regarding GMO introduction into its agricultural production system. The WEMA project involves five countries – Mozambique, South Africa, Uganda, Kenya, Tanzania and Uganda – and is a public-private partnership, co-ordinated by the African Agriculture Technology Foundation (AATF) in partnership with the International Maize and Wheat Improvement Centre (CIMMYT), Monsanto and the national agrarian research bodies of the countries in question; and funded by the Bill & Melinda Gates and Howard G. Buffet Foundations. At present, in Mozambique, the project is in its test phase in confined fields and consists basically of the production of maize varieties, both conventional and genetically modified, that are drought tolerant and resistant to insects.

In Mozambique, little is known about the real impacts of GMOs, and public debate on this issue is almost non-existent. Due to the Government’s clear intention to allow the production of GMOs in the country without an effective public consultation, since 2017, a group of organisations has sought to start this debate in a more open, democratic and transparent manner. In this context, the African Centre for Biodiversity (ACB) and Justiça Ambiental (JA) organized a two-and-a-half day training workshop to share updated information on GMOs in Africa, – with an emphasis on Mozambique – as well as knowledge on Biosafety Regulations under the auspices of the Biosafety Protocol in Mozambique, with emphasis on human health, environmental and socio-economic impacts. The workshop was attended by peasants, civil society organisations, government representatives and academics.

In addition to ACB representatives from some African countries, the workshop also had internationally renowned experts on GMOs and its impacts (such as the aforementioned Dr. Angelika Hilbeck or Dr. Lim Li Ching) and in themes related to Biosafety. During the meeting, the researchers presented several scientific studies that point out the impacts of GMOs on the environment and human health in the world – including antibiotic resistance. For the researchers, the safety of GMOs is still very questionable, and while this doubt prevails, the Precautionary Principle set forth by the Cartagena Protocol – to which Mozambique is a signatory – should guide us.

JA regrets that the path to avoid the production of GMOs in Mozambique is never going to be a short one, since governments such as ours are easily manipulated and taken over by large international corporations – such as Monsanto – that intervene in countries agricultural production policies while, at the same time, regretably do not allow, for example, that their genetically modified seeds be subjected to independent and impartial research, claiming the Principle of Intellectual Property. For the sake of science and knowledge, JA believes that technologies must be studied, but those studies must be conducted impartially and independently. The interests of the companies that fund the researches cannot hold them hostage. Important aspects for science and for general public knowledge can never run the risk of being omitted. Moreover, these circumstances only demonstrate that the alleged benefits of GMOs may be a mere product of policy decisions resulting from such public-private partnerships.

In addition, as one of the researchers pointed out during the workshop, truly unbiased studies have to ask the right questions and try to answer them as thoroughly as possible. A study that does not comprehensively address issues pertaining to its purpose, but chooses to answer specifically “commissioned” questions, cannot be taken seriously. The same researcher said she believes in several other technological solutions for seed improvement to increase agricultural production and productivity that do not necessarily require the use of GMOs, provided that the same financial resources granted to GMOs are made available for this purpose.

In conclusion, JA calls on the Government to conduct a broad, transparent and impartial public consultation with all sectors of Mozambican society, without distinction, in order to ensure that policies that only benefit private entities, albeit to fundamental aspects such as human rights and the environment, are not imposed on society.

[1] Angelika Hilbeck, PHD, is a senior researcher and lecturer at the Institute for Integrative Biology of Zurich (ETH Zurich). Specialized in biodiversity and conservation, ecology, entomology and transgenics. She is the author of various books on the problem of genetically modified organisms.

“NATURE-BASED TOURISM INTERNATIONAL CONFERENCE”

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It was with pomp and circumstance that the “NATURE-BASED TOURISM INTERNATIONAL CONFERENCE” took place between the 7th and 9th of June 2018 in one of the most expensive hotels in Maputo. A gala dinner and a bunch of speeches by people who all seemed to be very aware that we should have a nature-oriented tourism…

News about the Conference filled the media every day, and there was not a single STV newscast that did not feature it, bringing it straight to our homes.

All entrepreneurs, investors, government members, statesmen and former presidents, as well as world conservation specialists, were present at the great event of the month, advertised daily in prime-time television, with beautiful images of Mozambique’s fauna and flora enchanting our eyes – such is the natural beauty of this country.

But unfortunately, the reality is different. Nature was only a pretext. A beautiful word. An excuse to call in more investors. Because being sustainable, protecting the environment and being environmentally conscious is very fashionable today.

All these beautiful words are only meant to try to secure more and more investments. Hypocrisy abounds in our social environment. And if, this time around, this is the chosen narrative, in other occasions pollution-prone activities that damage the environment severely are shamelessly promoted: like coal mining in Tete or the oil and gas industries offshore drilling in one of Mozambique’s most beautiful nature sanctuaries: Cabo Delgado – the province of the crystal clear waters of Pemba, Ibo, Quirimbas, Mocímboa da Praia and many other beaches.

From Rovuma to Maputo, across the Mozambican coast, inland and on the islands along the Indian Ocean, there is immense tourist potential. However, the oil and gas industry, the timber industry, agribusiness and other environmentally damaging investments are competing with this potential. The countless beauties and natural riches scattered throughout Mozambique – such as the beautiful Inhambane Province with its beautiful beaches and the beautiful Bazaruto Archipelago, the plateaus and hills of Chimanimani, Mount Mabu, the beautiful Gorongosa or the unique biodiversity of our reserves and natural parks – are being threatened by pipelines, deep-sea ports, forest plantations, monocultures…

Throughout Mozambique many are the examples of this, and nature is definitely the last thing in their minds when they sign these great business deals, memorandum of understanding, mining concessions or even the fabulous contracts to build hotels or lodges in clear contempt for the most basic environmental standards.

Mozambique is suffering. There are huge open craters in the mountains, there are corals being destroyed by oil rigs, there are entire forests being (legally or illegaly) destroyed for its wood. And they still have the nerve to say that they are defending nature? What they are doing indeed is spending millions of meticals on yet another business conference in an expensive hotel with a gala dinner where the price of a meal is three times the value of a minimum wage. This, in a country where there are people dying of acute malnutrition. A country that carries on its back a huge debt. A country with all kinds of basic needs, from transport to health care.

“NATURE-BASED TOURISM INTERNATIONAL CONFERENCE”? Forgive me gentlemen, but really?!! We need serious leaders that think about the good of the country and the improvement of life of the Mozambican people, not of leaders burping caviar at 5-star hotels in Maputo and selling nature by the square meter to the first crook that shows up!

Think seriously about nature and everything that is being destroyed instead of promoting these ridiculous deals in the name of the nature. Nature does not deserve this treatment, nor does the Mozambican People.

Dirty Energy at the Climate Justice Meeting

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The theme for Day 2 of our Climate Justice meeting that happened last week was Dirty Energy. The topics ranged from oil and gas to coal and waste management.

The day started with an input by Makhoma Lekalakala on the impacts of coal mines and coal-fired power stations in South Africa, but which happen around the world. These include water pollution from acid mine drainage, which continues even after the operations are over, because they are either not decommissioned or not closed properly. There is major air pollution, with nearby communities struggling with breathing. In fact, health degradation is the worst impact, and is an externality not included in the price of coal. Another issue is food insecurity, as people are displaced from their farmlands and water sources.

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Perito Alper Tarquinho talked about the situation of coal mining in Mozambique. When companies talk to communities about new coal operations, they say that this ‘development’ will bring them direct benefits and bring money to the country and the people. But this ‘development’ actually harms people. People are not respected in the companies’ decision making processes. What is most important to them is to satisfy their shareholders.

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Verónica da Silveira Reino took this further by giving the example of Vale who mines coal in Tete province in Mozambique. It doesn’t consult and forces community members to sign documents which will agree to their forced removals from their homes and their fertile land.

Indian company Jindal, also in Tete is operating where the community still lives.

Thomas Mnguni talked about Eskom, which knows its legal obligations but does not comply. The work they do as groundWork is to point out how Eskom, which is a state-owned entity violates our human rights, according the Bill of Rights in the South African Constitution. People deserve the right to health, land and a clean environment.

Niven Reddy explained the waste to energy system, which is the thermal treatment of waste. This enforces wasteful culture. For GAIA, burning waste is not the solution, recycling and composting is. If things can’t be re-used or recycled, they should not be produced in the first case.

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Daniel Ribeiro talked about the impacts of mega-dams. Rivers are vital for distribution of nutrients and sediments. Dams impede this cycle and aggravate erosion. 20% of river fish species were decimated due to mega-dams. 63% of all forced displacements are due to mega dams.

It’s also a water-grab, the wall of the dam is used to remove people from access to water. Mega-dams are also linked to increased seismic activity. Methane emissions are also another impacts of Dams. There are major human rights abuses against people fighting dams. Land is very central to rural communities, we must fight for it. Dams take up huge amount of land leading to loss of life, loss of culture and loss of traditional territories.

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Greg Muttitt spoke on the global politics of oil. The most important politics of oil, he says, is the struggle against the oil industry. He spoke of three activists from history from whom he gained inspiration to fight the oil industry. The first was American journalist Ida Tarbell who wrote a book about Standard Oil in the 1800’s which led to a successful court case against the oil industry.

The second was Mohammed Mosadegh, the Prime Minister of Iran, who forced BP out of the country in the 1950’s. He who was removed from power in a coup in 1953, by the Shah who was a big supporter of BP. This brought the oil companies back and created authoritarian rule.

The third was Nigerian activist Ken Saro-Wiwa, who led a non-violent campaign against Shell and other companies in the 1980’s. In 1994, the state framed him for murder and executed him.

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Something we keep seeing a lot through history is how companies go into a new country to drill for oil, and sign a bad deal with the government, who often does not have the same legal and financial expertise as the companies from the global North. When the oil is flowing, and the state realizes that the deal does not benefit them, it is too late.

Not only does the industry need to stop looking for more oil, it needs to stop building pipelines and terminals, and those in operation must be shut down before they run out. Solutions will not come from corporations but from social movements in the north and south. Our movements are stronger now than ever before.

Thuli Makama talked about the politics of oil in Africa and said that people often assume that if oil development happens in Africa, the profit will flow down to communities, but that is never the case. This is the nature of the beast. It is carefully engineered.

The discussions of what will happen with oil exploitation in Africa do not take place in Africa, but in European boardrooms with corporations, financial institutions and states present.

An issue is that extraction is preceded by conflict. Oil and conflict are cousins, it is most often that where you find the one you will find the other. Oil money also ends up funding armed conflict.

Another feature of oil in Africa is causes a lot of suffering at local level. In the Niger delta, oil operations kills farming, fishing and biodiversity, and the people can no longer feed themselves. African governments are captured and cannot rise against corporations.

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Mike Karipko said that the discovery of oil in your community is a declaration of war on your community! A war on your land, your daughters, your mothers. And oil is so cheap because all the costs to the environment, land rivers and the community are externalized, as big government officials are bought over by companies. Because the companies provide the government with bribes, the tax money of the people is no longer important, so they are not listened to.

Emem Okon talked about the impact that dirty energy has on women. Whatever the impact on a community, the impact on women will be triple, like we see in the Niger Delta. Women are the lifeline in a community and any bad impacts increases the burden on women. For example, women are the farmers and providers of food and water for their families. If their farmland is taken and water is polluted, and there is no other source of livelihood, they are traumatised.

Ike Teuling spoke about the campaign by the farming community of Groningen in the Netherlands, where Shell has gas fields. The drilling regularly created tremors and earthquakes. 100,000 houses were damaged and collapsed, each of these farming families are taking Shell to court individually. These are farmers who are often uneducated having to face Shell’s lawyers every day. The state constantly says that the safety of people in Groningen is most important, but the gas drilling cannot stop because they depend on it for power.

These people have realised that compensation is not enough – if Shell compensates them for the destruction of a house but they continue to drill, their next house will also collapse. So they joined the movement against gas completely.

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João Mosca said huge parts of corporate profits are not charged as tax, so the state doesn’t collect big amounts as revenues which could be spent on education and healthcare. Until 2016, the Mozambican economy was growing, but who actually benefited? We have a massive increasing external debt.

When companies come and promise job creation, they actually provide very few jobs, because the projects are capital intensive and not labour intensive. The jobs that are available are non-qualified positions leading to even more exploitation of labour.

Fatima Mimbire spoke on the Redistribution of Wealth and Investment in Community Development of the gas exploration in Mozambique to compensate the communities that are impacted by the gas exploration and the models of processes and regulations that needed to be installed. That the legal framework is fragile and that in reality there are many negative examples, all over the world.

Daniel Ribeiro presented on the impacts of gas in Mozambique. There are no examples in Africa that are able to escape this reality. Many impacts are difficult to predict. For example, when boats come from the other side of the world to transport gas, they come empty to carry the gas back. But they add water on the way to keep the ship stable. This brings ballast water which brings organisms not from our coast. This is a reason for the invasion of alien species int the coast.

Our bio system is already diminishing. When drilling takes place, more than 300 chemicals are released that are found to be cancer-causing, in humans, and more than 1000 which are fatal to animals and plants.

The gas industry is notorious for human rights violations. In fact, according to the UN, an increase in human rights violations is proportionate with an increase in dependancy on oil and gas.

Many countries are regarding gas as a ‘transition’ fuel to renewable energy, because they say it has less impact on climate change, because it emits less CO2 than oil. But gas emits methane which is 80% stronger than CO2 over 20 years. Apart from that, the process of exploiting gas is very difficult to control. There is a lot of leakage, and no technology currently available to solve these problems. We need to distinguish their lies from truth. When they say Mozambique will develop through gas, this is a lie. Our debts will only increase.

The discussions at the end of the presentations were intense and with many interventions arising from the participants. Unfortunately we had to end the debate, because we were already past the time and there was still the next day, full of more presentations and debates.

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The Selfish…

My brother died.

He died because he grew up in a rural area where there were no schools, therefore he did not study. And because he did not study, when the local administrator appeared with some gentlemen who offered him money and a job in exchange for his land, he believed their word and signed some papers unaware of what he was doing. When he realized he was conned, he complained but no one helped him out.

He died because when the miserable six-month contract and the money they paid him ran out, he had to go live in the city to escape starvation. He ended up starving in the city.

He died because he could not afford the minibus taxis and, in the city, there are not enough buses, so on his way to work he jumped on the back of a truck full of people that rolled over in a tight turn because it was too full. The tire blew up. The accident happened shortly after the truck was stopped by the police to pay their “toll”.

He died because the only running ambulance in the district was on its way to another place, so they took too long to get him to the nearest health centre.

He died because in the health centre they did not have the means to save his life.

I wish I could invite the heads of our government to the funeral. It seems fitting to me that one of them should bang the last nail in my brother’s coffin, since, directly or indirectly, it was them who hammered all the others.

In most Mozambican schools, there are not enough tables, chairs, manuals, notebooks, pencils, pens and even teachers. There are schools without a roof, schools without windows and even schools without walls.

In most hospitals and health centres in Mozambique, a lot is needed and lacking. For example, Maputo’s Hospital Central, due to lack of equipment, refers critically ill patients to private hospitals that very few can afford, thus condemning those who cannot to their fate.

On Mozambique’s modest roads, twice a day, millions of men, women, and children commute in crammed up minibuses or in the back of trucks that do not even meet the minimum safety requirements to transport cattle.

Mozambique lacks A LOT of basic stuff.

However, the selfish do not mind. They do not hide. They could not care less. They have no shame.

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Shamelessly, they use the public treasury to lead palatial lives, totally out of step with our humble reality, robbing the people of their right to live with a minimum of dignity.

And as if that was not enough, without any decorum, – as if asking: “What are you going to do about it?”– they rub their shameless opulence in the face of the insulted. In the face of parents whose children study sitting on the floor. In the face of the elderly who have to endure standing for hours, crammed in the back of crowded trucks, in the rain or in the blazing sun. In the face of the helpless mothers, whose children die everyday in the corridors of our hospitals.

Regrettably, in a country that is growing increasingly devoid of values ​​and examples, it is only natural that the deplorable behavior of the selfish can easily find fertile soil in the most manured heads. Their dishonesty and the example of impunity that they set, has repercussions at all levels of our society. From top to bottom, their totally unethical and immoral posture, – which they ironically call “wise and didactic leadership” – spreads like a social plague and becomes a code of conduct. “Every man for himself and screw the rest” is the rule. Everything else is bogus. Social justice is a mirage.

And it’s mostly our fault. Not only because of what we let the selfish do, but also because of what we allow them not to.

We are so used to not relying on the State, that we bypass it. We ignore it. We replace it taking on its obligations. Those who can, in addition to their taxes, pay for security, for sanitation, for health, for energy, for education. The State says thank you and leans on us. Hangs on to us. Washes its hands of the responsibility and buys another Mercedes.

And once again, it is those who have no one and nowhere to turn to who get screwed. The rest continues to live quietly in their bubble. Until the day the bubble bursts…

The “ A, B , C “ of Large and Mega Dams

 What is a Dam, large and Mega?

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It is a big cement hall, that stop the course of the river. The word seems to be related to the Greek word taphos, meaning “grave” or “grave hill”, in reality it is a tombstone for the river.

By the International Commission of Large Dams (ICOLD), a large dam is higher than 15m while a Mega dam is over 100m. Most Mega dams worldwide are used for energy production.

Mega dams have been the center of many debates, research and studies for the last decade.

Between 1930 and 1970, the boom of Mega dams was seen to be synonymous with “economic development” and a symbol of human ability to assert control over nature. But then the truth of their negative impacts started to arise, and it become the center of many debates and arguments around costs-versus-benefits, ecological impacts, social impacts, etc.

From one side the proponents claim dams as a source of energy and as such a tool for development, from another side the opponents state that those benefits are far outweighed by disadvantages such as loss of communities livelihoods and rivers ecosystems to name just some.

The late 1980s and 1990s era, were marked by large protests, and controversial debates about mega dams. Pressure and huge campaigns from civil society, social movements and communities affected by dams to stop financing mega-dams. Same financed institutions, with the pressure and information about crimes against human rights, by mega dams financed by the world bank, funds were decrease to the world Bank Dams projects. Due to such an outcry, an independent commission under the chairmanship of Kader Asmal, the South African water minister, was created in April 1997, the “World Commission on Dams (WCD)”, to research the environmental, social and economic impacts of mega Dams globally. The WCD was composed of members of civil society, academia, private sector, professional associations and government representatives. The report findings and recommendations were launched under the patronage of Nelson Mandela in November 2000. The WCD found that while “ dams have made an important and significant contribution to human development, and benefits derived from them have been considerable… in too many cases an unacceptable and often unnecessary price has been paid to secure those benefits, especially in social and environmental terms, by people displaced, by communities downstream, by taxpayers and by the natural environment.” The study also made recommendations and provided guidelines which all dam projects should follow, including five core values and seven priorities detailed below:

Values

Equity,

Sustainability,

Efficiency,

Participatory decision-making and

Accountability.

Priorities

Gaining public acceptance,
comprehensive options assessment,

Addressing existing dams,

Sustaining Rivers and Livelihoods
Recognising entitlements and sharing benefits,
Ensuring compliance and

Sharing rivers for peace, development and security.

For a while, the understanding of the large costs of Mega dams started to become a reality, but suddenly with the climate crises, they came back with the tag of “Solution for Climate change”. But it is not a solution. It is riddled with problems and earns our tag of “false solution”.

At JA’s last year climate justice meeting “Seeding Climate justice II”, held in Maputo, JA invited Rudo Sanyanga, Africa Director of International Rivers (IR), who presented the impacts of dams on the climate, and debunked the myth that mega dams are one of the energy sources to address our climate crises. Without going into the known social and environmental impacts, the presenter began her presentation by asking “Hydro dams, do they provide CLEAN energy? NO, THEY DON’T, ITS NOT TRUE! They exacerbate climate change instead”. Dams especially tropical dams can often produce a huge amount of methane and carbon dioxide from rotting biomass in the reservoir. Then there are huge impacts of droughts and floods on the energy production, and dependency of hydroelectric on a changing climate is questionable.

Rudo spoke about the breakthrough research done in 2012, “ A Risky Climate for Southern African Hydro”, there was a lot of opposition, attacked by politicians, statements that IR ‘’was scaring people, and that was not going to happen’’. But it is real, 4 years after, we see that is happen, this year, Lake Kariba never went above 20% capacity, Lesotho Katse dam was 63%, Zambia that was 80% dependent of Hydro, due to a 2 years drought is turning into solar. This is real , Zambezi Basin countries will have a decrease in stream flow, as many studies estimate and a decrease of run-off to be between 26% to 40% by 2050. No one is trying to scare people, but it is already happen and is going to only become worse.

We recall back in 2012, when Rudo come to Maputo to present the finding of this study, we were attacked by most of the government participants at the launch meeting, to the point of becoming quite an ugly and unproductive meeting.

We raised the question again, how can Mozambique build a dam as risky as it is Mphanda Nkuwa is to the environmental and communities, seismic risk, and now adding the economic and climate change risk? Those risks exist, due to extreme climate changes, and they must be included in any evaluation and decision to build or not a dam.

But as the researcher stated on their study, that government, dam builders and decisions makers, are not taking into consideration the economic risks associated to climate change, in his wordsThere is been a neglect of climate risks in hydropower planning – in an approach that might be called either ‘wait and see’ or ‘head in the sand’ ”.

But it still amazes me how difficult is for people to understand and see mega dams for what they really are: a monstrosity that destroys lives, livelihoods and rivers ecosystem, to say some. In a way I can understand if you look into a coal power station, you see ugliness, you see smoke, pollution and a landscape that no one wants to live there if they have a choose. At the other end, a mega dam is an huge infrastructure that makes any engineers proud of it, a lake, and an enormous hall that splits water in amazing speed, and a sound that make you feel small in this world… for sure looks much better then a coal power station. But it is just that, a facade. Because it is not synonymous with development, just ask the 40-80 million people displaced by dams, how their lives and livelihoods have been destroyed. Neither is it a solution for climate change as it often emits methane (more in tropical areas), destroys forests for the reservoir. Neither it is good for the environmental as it block rivers and inundates forests and agricultural land , and deny downstream enough water for wetlands to operate accordingly. Neither they protect us, from flood if they are not build to do so, or a way to keep water during drought.

Why they do not protect us from floods…. Well, if they are build just for that, yes, but you do not need a Mega dam for that, a mega dam is either for energy production, irrigation or water supply. To produce energy, you need to keep as much water as possible, and then when a big flood comes, there is no space to keep all the water in, same for irrigation, and to protect us from floods we do not need mega dams, small dams are the ideal, and system that can divert water when is too much, same for drought.

JA released in 2009 a study about renewable energy sources for Mozambique, another study that was attacked by the government participants in such a way that the author had difficulties to do his presentation without being constantly interrupted, simply because that study showed that we do not need Mphanda Nkuwa, and there are other ways forward to have energy for everyone with less impacts. The magic potion is not that difficult, we need to start with decentralized energy systems, clean energy, solar, wind, even mini to small hydro dams, a mix of energy sources, which must be affordable by all people.

We can do, and we should think more on solutions to tackle and minimize climate change impacts, instead to follow a path that put us where we are…. In a crises, can we be more smart and take decisions that are smarter, at least we live in a era that we have many options, and we know what mistakes where made, that we can avoid them.

So why build mega dams, to destroy rivers systems, communities livelihoods, increase climate impacts adding the economic risk , is really a mega dam worthwhile? It is not a solution for the climate crises we are hurtling towards. Climate change will affect rivers flow, and worsen extreme and intense floods and droughts that will put a risk on the economic benefit, so why ????

For whom and what. That’s the million dollar question. Because is not for us the people, is not a solution for our climate crises, is not for the environment…. who is it for? And what is it for?

Some info on dams, from the article of 12 dams that change the world from: https://www.internationalrivers.org/blogs/227-3

Chixoy: the grave on the Rio Negro

Dam-affected communities have often suffered repression and human rights abuses. In 1982, more than 400 indigenous men, women and children were massacred to make way for the World Bank’s Chixoy Dam in Guatemala. In a historic breakthrough, the country’s government in 2014 signed a $154m reparations agreement with the affected communities.

Banqiao: the dam that washed away

When dams are not properly built or maintained, they can break. In the world’s biggest dam disaster, the failure of China’s Banqiao Dam killed an estimated 171,000 people in 1975. In more than 100 cases, scientists have also linked dam building to earthquakes. Strong evidence suggests that China’s Sichuan earthquake, which killed 80,000 people in 2008, may have been triggered by the Zipingpu Dam.

Yacyretá: the monument to corruption

Large dams are often pet projects of dictators. Lacking accountability leads to massive corruption and cost overruns. On average, large dams experience cost overruns of 96% and are not economic. The cost of Argentina’s Yacyretá Dam has mushroomed from $2.5bn to $15bn. A former president called Yacyretá “a monument to corruption”.

Merowe: when Chinese dam builders went global

In 2003, the Chinese government decided to fund the Merowe Dam in Sudan as its first big overseas hydropower project. The dam displaced more than 50,000 people and caused serious human rights violations. Chinese banks and companies are by now involved in some 330 dams in 74 countries, leading an unprecedented global dam building boom.

Glines Canyon: the dam that came down

Dams have serious environmental impacts, and their benefits dwindle as they age. Since the 1930s, the United States has removed more than 1,150 dams to restore river ecosystems and particularly fish habitats. In 2014, the 64 meters high Glines Canyon Dam on the Elwha River in the Pacific northwest was breached in the world’s biggest dam removal so far.

Patagonia: the dams that were never built

Recent years, solar and wind energy have seen their commercial breakthrough. These renewable energy sources are cleaner than coal or hydropower and can be built were people need electricity, even far away from the electric grid. In 2014, Chile cancelled five dams in the Patagonia region under strong public pressure and approved 700 megawatts of new solar and wind farms.

Kariba: the dam that ended poverty in Southern Africa (or did it?)

The Kariba Dam on the Zambezi was built in the 1950s to power Zambia’s copper belt, as the first large dam funded by the World Bank. Kariba was considered the symbol of a “brave new world”, in which controlling nature would bring quick economic development. Yet the 57,000 people who were displaced by the dam suffered famine and are still impoverished

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References on WCD and more info:

https://en.wikipedia.org/wiki/World_Commission_on_Dams

https://energypedia.info/wiki/World_Commission_on_Dams_(WCD)_Report

http://www.unep.org/dams/documents/Default.asp?DocumentID=663

https://www.internationalrivers.org/campaigns/the-world-commission-on-dams

http://www.unep.org/dams/WCD/report/WCD_DAMS%20report.pdf

more https://www.internationalrivers.org/questions-and-answers-about-large-dams

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Under Water

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CORPORATE IMPUNITY: STRATEGIES OF STRUGGLE (PART II)

As we mentioned in last month’s article, corporate impunity – the crime that does pay off – is a complicated matter. At the moment, our chests are still filled with the breath of fresh air brought to us at the end of last month by the second session of the Permanent People’s Tribunal (PPT), where a panel of 8 jurors and almost 200 participants listened attentively to the complaints of communities and activists who suffer first hand the consequences of a system that favours and protects transnational corporations. Experts noted and reiterated what is no longer news to us: the criminal behaviour of these corporations reflects the field of impunity in which they operate. In addition to providing us with a (unpublished) report of deliberations that will help to expose the behaviour of these companies, this jury also made clear that the mobilization of peoples and the opening of spaces like this court are a fundamental part of the fight for justice.

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About PPT, we have little more to say right now. You can find more information on the cases presented here, or read the press release of Southern Africa’s Campaign to Dismantle Corporate Power’s (of which we are part) here. This year, the visibility given to the different cases was notorious (like this article on ProSavana in the South African press), and there was also room for an update on the cases brought to the PPT last year in Swaziland. But this is not the time to slow down – after the PPT, more important moments regarding this issue are coming up.

Nowadays, there is a great legal asymmetry between, on the one hand, the endless regulations that protect and safeguard private investments (even shielding them from political decisions that may conflict with the companies’ financial expectations), and on the other, the non-existent coercive legislation which upholds human rights. Corporations rely on a wide range of international norms that act in their defence – from free trade agreements to investor-state dispute settlement mechanisms – but none that regulates their actions in the light of their impacts. Apparently, for years now we have been hoping that, by themselves, guiding principles or corporate social responsibility (voluntary, unilateral, and non-enforceable) become enough to prevent corporate human rights abuses by the corporations, but obviously, this has not happened and will not happen.04

The national laws of countries such as ours are very weak, not to mention the very limited capacity to enforce them and supervise them. That is one of the reasons why Shell remains unpunished despite the criminal spills it is responsible for in Nigeria, or why hundreds of people are being driven from their land to make way for palm plantations in Indonesia. This is why fighting for the enforcement of existing national legislation is an important step, but it can not be the only one if we really want to stop the impunity of these powerful corporations. It is necessary to think beyond. In today’s globalized world, corporations operate in different national jurisdictions, and take advantage of this to evade accountability. For us, expanding the limits of international law and demanding legal instruments that provide a path from where victims of such violations may demand justice seems to be as urgent or even more.

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The Intergovernmental Working Group mandated to draft a binding Treaty on Transnational Corporations and Human Rights, set up by the UN Human Rights Council in 2014, will meet for the third time in October of this year, then, the concrete terms of the text to be included in the Treaty will be discussed. This initiative, which started with the governments of Ecuador and South Africa, has been gaining strength and supporters. Numerous countries, mostly in the Global South, have already expressed their support for the Treaty, as is the case of Uruguay, which sees in this instrument an opportunity to protect its public policies that are being threatened by the interests of transnational corporations. Mozambique, unfortunately, remains completely out of this discussion and didn’t even show up at the two sessions of the Working Group in the recent years.

An alliance was formed by civil society organizations from around the world to support the drafting of this law, and has actively participated in the sessions of the Working Group to ensure that it will truly represent the needs of those affected. One of the requirements of this alliance is that this treaty contains solid provisions that prohibit corporate interference in the process of formulating and implementing laws and policies. According to Friends of the Earth International (FoEI), also part of the Treaty Alliance, it must establish the criminal and civil liability of transnational corporations in order to fill existing legal gaps in international law, and should apply also to all subsidiary companies and those that form part of its supply chain. Learn more about FoEI’s contributions to the Treaty here.

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When existing legislation does not address all of society’s problems and needs, new legislation must be created. It was like that with the implementation of universal suffrage, with the abolition of slavery, and in so many other historical moments. We believe that we are about to reach an important milestone in the struggle for the sovereignty of peoples and against corporate impunity, and as the poet once said, there is nothing more powerful than an idea whose time has come.

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