Category Archives: african corruption

Justiça Ambiental entrevista a Organização de Trabalhadores de MoçambiqueCentral Sindical, por ocasião do 1 de Maio, Dia Internacional do Trabalhador

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Entrevista a Damião Simango, membro do secretariado, responsável pelas relações internacionais e porta-voz da OTM-CS

Justiça Ambiental (JA!):

Caro Damião, obrigada por esta oportunidade de conversa. Sabemos que a Organização dos Trabalhadores de Moçambique – Central Sindical (OTM-CS) é a maior entidade representativa dos trabalhadores no país. Pode nos falar um pouco do que é a OTM e como se estrutura?

Damião Simango (DS):

A OTM é a central sindical mais antiga e mais representativa de Moçambique. Estamos em todas as províncias e em alguns distritos. Congregamos diversos sindicatos nacionais (15) que incluem o sindicato dos funcionários do estado, e também a associação dos trabalhadores da economia informal. No total, e pelas estatísticas de 2018, somos cerca de 145 a 150 mil membros. Na sua estrutura, a OTM também tem uma estrutura representativa das mulheres e outra dos jovens.

Existem outros sindicatos independentes, como o dos professores e jornalistas. Outra importante federação sindical é a CONSILMO, a Confederação Nacional de Sindicatos Independentes e Livres de Moçambique.

JA!:

Qual é a vossa missão?

Damião Simango (DS):

A OTM é uma congregação que dá a voz aos trabalhadores em Moçambique. Lutamos pela defesa e promoção dos nossos direitos e interesses sócio-profissionais, junto às entidades empregadoras e através do contacto permanente com organizações do Estado e outros actores sócio-profissionais e económicos.

JA!:

Indo directo ao assunto, aproximamo-nos do dia do trabalhador, 1 de Maio. Na situação em que vivemos actualmente, devido à pandemia do COVID-19 e as medidas tomadas para tentar contê-la, de que forma o trabalho da OTM é afectado por esta situação?

Damião Simango (DS):

Esta situação impacta-nos de muitas formas. Por exemplo, em condições normais, nesta altura provavelmente estaríamos nas negociações em torno do salário mínimo, mas estas foram suspensas por causa do COVID-19. Estas negociações estão previstas por lei, que prevê que anualmente deve haver um reajuste nos salários mínimos.

Claro que, por um lado, podemos compreender a fragilidade das empresas neste momento devido à pandemia, no entanto, a nossa preocupação é o trabalhador. Gostaríamos de, em contrapartida, particularmente durante a pandemia, ter a garantia da manutenção dos postos de trabalho e pagamento dos salários.

Devemos notar que, apesar de não se aumentarem os salários, a pressão sobre os salários já baixos dos trabalhadores aumentou – não só devido ao incremento dos preços dos produtos essenciais, como também pelo surgimento de novas demandas e despesas extraordinárias, como as máscaras, materiais de limpeza e higiene, etc.

JA!:

E quais são as vossas principais preocupações face ao cenário actual?

Damião Simango (DS):

Neste momento da pandemia, o que mais nos preocupa é o futuro dos trabalhadores. Em Moçambique não temos, por exemplo, um subsídio de desemprego ou uma segurança de rendimento para estas situações, principalmente para os grupos mais vulneráveis. Apenas o subsídio de emergencia básico previsto pelo INSS (Instituto Nacional de Segurança Social), e o subsídio de acção social previsto pelo INAS (Instituto Nacional de Acção Social), que varia entre Mts 540 e Mts 1050. Portanto se esta situação se prolongar por mais 3-4 meses, o que isto vai significar para os trabalhadores? Isto preocupa-nos muito, devido ao impacto que provavelmente terá nos trabalhadores e, consequentemente, na sociedade. Alguns impactos disto poderão ser um intensificar da pobreza, desigualdade, violência doméstica, criminalidade, entre outros.

JA!:

Recentemente, um grande número de organizações e indivíduos da sociedade civil, incluindo a OTM-CS, publicou um documento de posicionamento a respeito do Estado de Emergência. Este documento contém algumas propostas concretas para o governo, incluindo na área de emprego e protecção social. Quais são as vossas demandas neste momento? (Este posicionamento pode ser consultado em: https://aliancac19.wordpress.com/)

Damião Simango (DS):

De forma ampla, nós exigimos que o governo desempenhe o seu devido papel de protector social, que se torna mais urgente que nunca devido à situação de crise. Queremos que não sejam tomadas nenhumas medidas sem que se pense concretamente como é que os grupos sociais irão implementá-las, em particular as camadas mais vulneráveis.

O INSS tem evoluído bastante nos últimos tempos. Por exemplo há alguns anos, para se registar no INSS, teria que ser através da entidade empregadora. Isso já evoluiu, agora o trabalhador informal pode se registar no INSS de forma independente. Mas é preciso continuar a evoluir, principalmente no sentido de ampliar a abrangência da protecção social, que alcança ainda poucas pessoas, e adoptar medidas concretas para lidar com esta crise.

Sabemos que os empresários tudo farão para proteger as suas empresas, e alguns poderão até mesmo aproveitar-se desta crise para lograrem outros intentos que em condições normais não poderiam. Temos noção que a CTA (Confederação das Associações Económicas de Moçambique) tem um grande poder de influência sobre o governo, e já há tempos que temos observado uma pressão por medidas que contribuem para a precarização do trabalho e do trabalhador. No entanto, temos que perceber que as medidas propostas pelas empresas e demais entidades empregadoras não serão suficientes para lidar com esta crise, é fundamental que o governo intervenha com medidas de protecção social. O que nós exigimos, portanto, é que o governo possa dar uma resposta concreta a estas questões, e que as medidas negociadas não sejam em qualquer circunstância em detrimento dos direitos dos trabalhadores e da sua protecção social.

JA!:

Esta crise causada pela pandemia COVID-19 vem evidenciar também uma série de outras crises, de desigualdade, pobreza, precariedade do trabalho, etc, tanto a nível de Moçambique como a nível global. Como é que vê a interligação destas crises com o sistema sócio-económico predominante, o capitalismo neoliberal?

Damião Simango (DS):

As crises são oportunidades – isto pode até soar mal, mas é verdade. As oportunidades apresentam-se de diversas formas, e esta é uma delas. Temos a oportunidade de repensar o papel do Estado e, de forma mais ampla, o modelo de desenvolvimento que seguimos. Antes, a maioria das pessoas estava convencida que este modelo, por ser o mais praticado actualmente, é o que responde às nossas necessidades. Agora é hora de despertarmos, e percebermos que este modelo não nos serve. E foi, neste caso, o sector da saúde que evidenciou isto – vemos milhares de mortes nos Estados Unidos, principalmente da população mais pobre, porque têm um sistema de saúde privado.

Precisamos de resgatar um papel fundamental do Estado, que é o seu papel protector da sociedade, garantindo a sobrevivência do seu povo. Este papel, que tem sido fragilizado devido ao modelo económico vigente, não se pode perder. É agora o momento ideal para o Estado desempenhar o seu papel protector, independentemente das pressões impostas pelo sistema de mercado.

Sabemos que o sector empresarial conta com forte apoio, fundos e especialistas para defender as suas posições. Nós não contamos com o mesmo apoio – mas sabemos o que queremos! Queremos a sociedade e os trabalhadores protegidos pelo Estado. Não haverá qualquer saída viável, justa e produtiva desta crise sem os trabalhadores.

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Muito obrigada pela vossa disponibilidade para conversar conosco, e estamos em solidariedade com a vossa luta!

 

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Justiça Ambiental (JA!) Celebrates Human Rights Day with the Launch of 2 Case Studies

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On the occasion of International Human Rights Day, commemorated on 10 December, the date marking the adoption and proclamation of the Universal Declaration of Human Rights, JA! launched two important case studies. These publications expose some of the continuing human rights abuses and violations that agricultural communities are subject to in Mozambique, as well as the difficulties that they face in claiming their right to information, land, food and demonstration. They illustrate the difficulty in the exercise of the right to say NO, and above all, the right to a dignified life.

These case studies also highlight the difficulties faced by civil society in their legitimate search for information – a right provided and safeguarded by law. Through these two examples, we intend to denounce the banality and regularity of violations of the law, and the weak capacity and political will to implement them, in our country.

One of the case studies “Jindal – An example of Corporate Impunity” concerns the Indian company Jindal’s open-pit coal mining project in Tete, which began exploration in 2013 without making the EIA (Environmental Impact Assessment) and its respective environmental license duly available to the public. The company began operating without relocating the Cassoca community, which found itself surrounded overnight by a Jindal fence. Their territories were usurped to make way for coal exploitation, and families were thereafter forced to coexist with the constant explosions and resulting dust, and polluted waters. Even their freedom of mobility was restricted as they were required to pass through a gate controlled by Jindal, sometimes even during restricted hours. If these are not serious human rights crimes, what are they?

JA! appealed to the courts to have the rights of these families recognized. It all began with a letter to the National Directorate of Environmental Impact Assessment (DNAIA-MICOA) unsuccessfully requesting copies of the Environmental Impact Assessment Report and its respective Environmental License. Numerous requests, complaints and letters to various agencies followed, and after nearly 4 years of legal battle, in June 2018 and in response to the appeal submitted by JA! to the First Section of Litigation of the Administrative Court, Jindal was ordered to relocate the Cassoca communities by December 2018. The resettlement process only began in March 2019, and the new homes are not yet in suitable condition.

This case highlights the numerous difficulties and challenges faced by both local communities and civil society organizations seeking to protect and promote human rights. It shows how justice is not within the reach of all Mozambicans, and especially those in the most disadvantaged and vulnerable social strata.

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The second case “Land and Conflict – Land-grabbing in the Cocomela irrigated area of ​​Namaacha Village” deals with land conflicts in the Cocomela irrigated area in ​​Namaacha village. JA! received a complaint and request for support to stop a peasant land-grabbing process being carried out by the Namaacha Municipality.

We have been working constantly with land-grabbing issues in rural areas, mostly related to foreign investment, and often with government sponsorship. But this case struck us as unusual – why was the Municipal Council grabbing land from its own citizens? When we started investigating the issue, we found that the complaints were indeed well-founded, and the case deserved seriousness and support.

In 2010/2011, JA! in conjunction with UNAC (National Peasant Union), made a preliminary analysis of the land-grabbing landscape in some provinces of Mozambique, and launched the study “The Owners of the Land”. This study confirmed several illegalities in the processes of peasant land-grabbing, as the Mozambican Constitution and Land Law provide the necessary tools to protect customary land rights. We believe that in addition to the huge difficulties in implementing the law, there is also a poor understanding of the law itself, especially at government level. Time and again we have heard that the land belongs to the State, and as such belongs to the Government. This is wrong: the State is the Mozambican people, not the Government. This false but surprisingly convincing premise is the starting point for many of the land conflicts in Mozambique today.

Human rights violations like these happen routinely in our country. We believe that we can only truly combat poverty and so many other problems that plague the country by reflecting on these conflicts, and seeking inclusive, effective and real ways to solve them. Our government denies that there are cases of land-grabbing in Mozambique. If we continue to turn a blind eye to serious human rights violations such as those described in these two cases, we will continue to foster an enabling environment for increasing inequality, violence and crime, unemployment, and environmental destruction. If we continue to deprive most Mozambicans of access to comprehensive and impartial justice, the promotion and protection of human rights in Mozambique will remain a mirage.

To access the studies email: jamoz2010@gmail.com

JA! is taking on Sasol

Over the last month, JA! has been confronting South African energy company Sasol in several ways, interrogating them on what they’re really getting up to in Mozambique.

Most recently, last week JA! attended the Sasol 2019 Annual General Meeting (AGM) in Johannesburg, along with four other civil society organisations, to question the board and inform shareholders about what the company is currently doing, and planning to do, in Mozambique.PHOTO-2019-11-27-09-12-09

Leading up to the AGM, JA! sent the company questions to understand the technicalities of their present and future projects, followed by a meeting with five vice presidents at their headquarters in Johannesburg, with the support of a fellow activist from partner organisation groundWork.

JA! raised two issues at the AGM:

The first was about the Pande and Temane gas fields in Inhambane that Sasol has been operating since 2006 after removing many community members from their homes and creating only 300 permanent jobs. Sasol has been accused of transfer pricing in this operation – Sasol Petroleum International (now Sasol Africa) is the sole purchaser of the gas extracted here by its wholly-owned subsidiary Sasol Petroleum Temane, which it buys at a tiny percentage of the market value.

The second question was about Sasol’s planned shallow-water drilling off the coast of Vilankulos, also in Inhambane. The drilling will destructively affect fishing communities, endangered species of animals and plants, and the tourism industry, a huge income generator for the province. Accompanying JA! Was a member of the Protect Bazaruto Campaign, which is working to stop the project.

Here are the questions asked by JA!:

1. The first subject is the Pande and Temane project in Inhambane.

To give context, Sasol has regularly insisted that the fields have brought benefits to the surrounding communities since operations began in 2006. However, setting aside schools and soccer fields, the rate of literacy and employment has increased only in line with the rest of the country, including those provinces without extractive industries. Furthermore, 12 years later, according to the World Bank, only 25% of the population of Inhambane has access to electricity, which is less than the country as a whole, at 27%.

When communities were relocated from their homes in 2006, they were given once- off compensation of R 12 000. I emphasise, R 12 000. However, Sasol signed a Power Purchase Agreement (PPA) with the government which promises annual benefits to the people. Note that this amount is a mere 2.75% of the 6% production tax that the company pays to the government.

JA! questions are:

  • Why has Sasol not paid the annual benefits to the communities as per the PPA for the last four years?

  • Does Sasol recognise that the amount it offers as benefits is too little to maintain the livelihood of a family?

  • And will Sasol renegotiate the terms of the PPA to increase the amount of the benefit, by using total revenue as a basis as opposed to production tax, now that it has the option to do so?

2. The second subject regards Sasol’s planned seismic testing and drilling for gas in the shallow waters off the coast of Vilankulos

Sasol plans to do seismic testing and drilling in ocean shallow water ocean blocks 16 and 19 in Bazaruto, a national park and IUCN Important marine mammal area. Block 16 is home to the only viable dugong species in the Western Indian Ocean as well as two important reefs for commercial and subsistence fishing for many communities.

The best case scenario for this drilling is impacting critically endangered species such as dugong; Fish stocks and livelihoods of fishing communities; sustainable tourism which is central to the economy and can outlast oil and gas.

While Sasol maintains that it is taking all necessary actions to avoid environmental damage, it has been well documented that mitigation of the impacts of gas drilling and seismic testing is impossible. Communities, too, have shown strong resistance to the project.

JA! question is:

  • As it is scientifically certain that seismic testing and drilling will diminish the last viable population of dugong in the Western Indian Ocean, why does Sasol believe it has the right to contribute to the extinction of an iconic species, violate national laws protecting national parks, and detrimentally affecting the livelihood of fishing communities?”

Responses:

At the end of the round of questions, we received a verbal response from Jon Harris, Executive Vice President: Upstream, who JA! has engaged with on previous occasions.

His response was vague, a public relations exercise and in it he repeated the same story of the great benefits that the company had allegedly brought, and that we need to look at smaller sections of the population of Inhambane, those in the immediate vicinity of the plant, and not the province as a whole. He said he was not aware of whether people had been receiving benefits or not, and did not answer whether they would renegotiate their PPA with the government, which would enable the people to receive more benefits.

Regarding Vilankulos, he said that seismic drilling has no impact on the environment, and that they are putting the utmost care into avoiding any impact on animals.

There are several aims of JA! Attending an AGM like this – to confront the board, to inform shareholders, to ask questions, to receive information and to alert the media. There is always the risk that the responses will not be helpful, or even relevant, but our presence there was imperative – were it not for JA!’s presence few people would have known about Sasol’s crimes in Mozambique.

Outside protesters, against Sasol, and same are about to hand over the memorandum to Sasol Vice President Marcel Mitchelson

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Plantations are not FORESTS! And in Africa we know what forests are!!!!

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Justiça Ambiental has been following, for about 9 years, with much concern and indignation, the promotion and establishment of eucalyptus monoculture plantations in the country. It has paid particular attention to the plantations of Portucel, Navigator Company and Green Resources, the size of the area granted, and the negative social impacts that both have caused, which are already evident and documented.

In recent years, JA! has maintained contact with the rural communities affected by both companies and has unsuccessfully denounced the irregularities and numerous conflicts that exist with the companies concerned and government authorities, through letters, petitions and requests for meetings. JA! has also requested access to the processes of acquiring Land Use titles (Direito de Uso e Aproveitamento de Terra: DUAT) and Environmental Performance Reports, which constitute information of public interest and nature, but these companies have never offered to share or publish these. Finally, JA! very recently obtained access to the numerous processes for the acquisition of Portucel’s DUAT by means of a court action through Judgment 09 / TACM / 2019. We remain without access to Portucel’s Environmental Performance Reports because it “refuses” to share these. In May of this year, Justiça Ambiental, the Academic Action for Rural Development (ADECRU) and the World Rainforest Movement organized the “Sharing of experiences and resistance among communities affected by Monoculture Plantations” in Quelimane with community representatives from Nampula, Zambezia, Manica and Sofala provinces affected by monoculture plantations and rural communities struggling to protect their forests and natural resources. This meeting was preceded by visits to the communities affected by Portucel, where those present, members and leaders of these communities, reiterated their dissatisfaction with Portucel’s actions, with the numerous promises made during the community consultations as a way deceive the communities into giving up their land, promises that remain unfulfilled until today. Portucel was invited to the meeting so that we could, together with representatives of the affected communities and representatives of the provincial government, share the numerous complaints and discuss possible solutions. However, Portucel apologized and did not send a representative to attend but made sure to send someone to report on what was discussed, so they have full knowledge of what was discussed and how dissatisfied these communities are. The provincial government was represented and heard all the complaints, but also evaded the matter.

It is quite despicable to note through a news article published in “Clubofmozambique” that World Wildlife Fund (WWF), a huge international non-governmental organization that works on environmental issues, recently organized a debate on “Planting sustainable forests in Africa” that no more than gives companies such as Portucel a green seal once again, despite numerous studies and reports demonstrating the numerous problems this type of plantation brings, and in this case the numerous impacts of Portucel in Mozambique. It is unacceptable that it gives a ‘green seal’ to plantations, with a masked and misleading speech that intends to spread the belief that they are planting forests, leading those most inattentive to even believe that they are supporting concrete action to mitigate the effects of climate change. It is indeed misleading and problematic to completely disregard the systematic appeals of the communities affected by Portucel, as it is unacceptable to use its brand and the image of the harmless Panda to lead people to believe that large-scale monoculture plantations are somehow beneficial for mitigating the impacts of climate change. It is also equally unacceptable for WWF to position itself in this way, giving the green seal to companies with so many complaints against them and that are causing so many impacts, knowing that so many NATIONAL organizations have been working on this issue for many years and that it is quite problematic, and that NATIONAL organizations do not have a unanimous position on monoculture plantations… this corporate act is shameful!!!

Denunciation of Violence Against Activists

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On Monday, 7 October 2019, Anastácio Matável, Executive Director of the Gaza Province NGO Forum – FONGA, lost his life in the city of Xai-Xai, a victim of murder.

Anastácio Matável, who was also a member and focal point of the joint electoral observation platform “Sala da Paz”, was shot point-blank 10 times as he emerged from an election observation training in which he had given the opening address. Matavel was shot around 11 am and succumbed to his injuries two hours later at Gaza Provincial Hospital.

Matavel was committed to activism, and he advocated for environmental causes and biodiversity conservation for over two decades, striving equally for social justice and the protection and defense of the rights of local communities. That’s how, since 2011, Justiça Ambiental has been cooperating and working with him in close partnership in various cases of environmental and social injustice, especially the fight against the usurpation of community land (land grabbing) in Xai-xai by the Chinese rice production company, WAMBAO.

All of this has happened 8 days before the presidential elections to be held all over the country on the 15th of October. The campaigning for these elections have been marked by violence in all parts of the country, and particularly in Gaza province, where opposition parties have suffered aggression at the hands of the members of the ruling party. It is believed that this will be the most violent election campaign in the history of Mozambique. It should be recalled that Gaza province stood out for its manipulation of the voter registration process, which led to confusion between the CNE and INE, Mozambican election agencies, and there was lack of compliance with the number of registered voters and potential voters entitled to vote on October 15th.

Based on previous experiences of similar murder cases, Mozambican society does not doubt that Anastácio Matavel was murdered by the death squads, which for some years have been claiming the lives of people who oppose or criticize the regime’s performance. Death squads are believed to act under the regime’s orders to safeguard the interests of the ruling party as a way of intimidating and / or removing people who in one way or another try to rouse the people about environmental issues, human rights and bad governance in the country.

Unlike other cases, this time the killers were identified after being involved in a violent car accident in which two of them lost their lives on the scene, one was hospitalized and another is being held in police cells in Gaza. At the same time as the accident took place, a fifth member of the group managed to escape and so far is in an uncertain place. The police would later confirm that four of the alleged killers are in fact members of the police assigned to the Special Operations Group.

Justiça Ambiental wants through this press release to show solidarity with the family and colleagues of our fellow activist Anastácio Matavel, as well as vehemently denounce this barbaric act that took his life. Likewise, we denounce all forms of violence against activists, journalists, academics, political parties and all citizens in general, as no one has the right to violate or take another person’s life. We also denounce the violent acts that have been characterizing this election campaign at all levels.


It is important to remember that these are not the first cases of violence, attacks and murders of anyone who thinks differently from the regime and freely expresses his/her opinion, as this has been characteristic in the country in the past years, especially in election years, as we could testify it around the period of the 2014 elections.

It is not enough just to dismiss some “police chiefs” and set up alleged committees of inquiry, which never give us plausible and credible answers and explanations.

We demand that these crimes are clarified, including their motivations, as well as that those responsible are brought to court and punished for their acts.

The Mozambican people need to feel free and secure and that we are really live in a state governed by the democratic rule of law.

“n the aftermath of our last general elections in 2014, JA!, along with other organizations, raised serious concerns about the irregularities in the election process, you can see our blog from 2014 here describing the irregularities. But now in this elections, activists are being killed even before the elections take place, the undermining of democracy is getting scary!”

Big tech, money and the rampant undermining of democracy: Where are we headed?

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countries where Cambridge analytics meddled

Recently a new film called The Great Hack was released by film makers Karin Amer and Jehane Noujaim, who also documented the Arab Spring movement in Egypt a few years ago.

Characters in the film describe how the “handmaidens of authoritarianism” like facebook are “playing with the psychology of an entire country without their consent or awareness… in the context of the democratic process.”

The Great Hack recounts the story of how Facebook sold the data of millions of people to a company called Cambridge Analytica, which is based in the United Kingdom. But this is not just about the undermining of personal data of millions of people. This is not just about my baby photos, our salad photos, our stories being used in ways we did not intend. The story is far grimmer. The data was used to undermine democracy in many countries across the world. This is the scary part of the story, which should give us all pause.

The personal data and personal preferences of individual people from Facebook, was used by Cambridge Analytica to sow division in countries across the world, with the sole objective of undermining democracy and allowing political wins. This definitely was the case in the US during the 2016 presidential election where data was used to identify the ‘not-sure’ people, called “persuadables” and they were specifically fed information that would increase their support for Donald Trump.

The same tactic was used by the campaign for Britain to leave the European Union, in a process called Brexit, in 2016. Over three years later, the Brexit process continues to divide the people of the UK in terrible, democracy undermining ways. Just a few days ago, British Prime Minister Boris Johnson got the British monarch to suspend British parliament so that his Brexit deal could not be discussed and criticised in Parliament. This is a clear violation of democracy.

These democracy killing tactics were also used in many other countries. One such example was the meddling and undermining of democracy by manipulating young voters in the presidential election in Trinidad and Tobago in 2010, where facebook ads etc were used to suppress voting by a specific racial group in the country. At first the ruling party of Trinidad and Tobago just denied it, but since then they have been forced to admit that they did have conversations with Cambridge Analytica!

Although Cambridge Analytica personnel admitted to meddling in the US, Trinidad and Tobago and other countries, they never admitted to meddling in Brexit. The reason is probably that, since Cambridge Analytica was based in the UK at the time of these activities, admitting to have meddled in a UK political process would surely bring them severe consequences. But this is speculation. It is not clear why they always denied being involved in Brexit although their staff members are on tape being involved with members of the ‘Leave’ campaign.

What does this all mean? This is the new age of surveillance capitalism and the way it is undermining our human rights is frighteningly real. We fight the unmitigated power and impunity of trans national corporations (TNCs), we are fighting for a binding treaty where TNCs power and impunity can be controlled. TNCs push dirty and harmful energy across the world, they are accelerating deforestation and exacerbating food insecurity across the world. Now we discover a whole new nefariousness of TNCs- big tech corporations have so much power now that they are using our data to undermine our basic democratic rights. Representative democracy is a system where the decision-makers are elected by the people and hence people have a role and voice in the decisions that affect their lives. So decision-makers must be accountable to the people who elected them. However, we have been seeing for many years that our democratic systems have been slowly undermined. Often this takes place through the undue influence of money- those who spent more money in an election usually have been winning. But now this has been taken to a whole new level. Our political preferences which we share on social media are being tracked and used against us.

Our democracies and our societies are under attack. An article in the Guardian from 8 August 2019 revealed that “Nearly half the world’s people are living in countries where their freedom of speech and right to privacy are being eroded”. Our country, Mozambique, was listed as one of the countries where the freedom of expression in under extreme risk. This is very worrying.

So what happened to the corporation Cambridge Analytica? In end July 2019, the Federal Trade Commission of the United States levied a fine of $5 billion against Facebook and Cambridge Analytica. This was prompted by the release of The Great Hack. This is already a useful move because it attacks the money of these dirty corporations. But its not nearly enough. Cambridge Analytica was shut down but its assets were bought by the influential Mercer family and their sub-companies. What does this mean? Will the cycle of impunity of the corporations just continue unabated? We need to fight these trends. It is sometimes said that if we live in the modern world today, it is like living in a glass house. Our data is much too public. But we as consumers, as activists need to fight back against the impunity of big tech corporations. Maybe this means we need to, at least, put up curtains in our glass house. We need to protect ourselves and help other activists protect themselves. Our democracies are at stake. The stakes are really high. We need to inform ourselves and fight against this manipulation of us and the killing of our democracies.

For more information, see the twitter accounts of these people:

https://twitter.com/carolecadwalla

https://twitter.com/WendySiegelman

https://twitter.com/profcarroll

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JA! speaks truth to TNC’s in Europe!

Lobby tour participants and organisers FoE Spain in Madrid

 

Over the past few weeks, JA! took part in a lobby tour organised in Europe, by Friends of the Earth Europe, where we met with current partners, made new allies, shared our anti-gas struggle and confronted the companies and banks who make up the liquid natural gas industry in northern Mozambique. This tour was imperative for the campaign, because so many of the companies and banks involved in the industry are based in Europe.

Lobby tour participants outside the EU Brussels

The tour, which went through Rome, Madrid, Amsterdam, Paris and Brussels, was aimed at creating awareness about our struggle against the gas industry in Mozambique and demonstrating the critical need for a Binding Treaty on Human Rights and Transnational Corporations (TNCs) at the United Nations. Currently, there is no accountability mechanism at the UN, only guiding principles which companies do not abide by, as they see them as an impediment to their greed and profit.

 

Our partners had arranged for JA!, along with activists from the DRC and the Phillipines to meet with current and new partners and allies, as well as industry players and state authorities.
Panel discussion with lobby tour participants and parliamentarians in the Hague2

Our confrontations with the industry were often met with blatant hostility, when we tried to hold them accountable for their actions, and when we raised questions they didn’t like. We attended four annual general meetings (AGM’s), those of Shell, Natixis, Eni and Total.

Intervention at natixis AGM

Natixis, the French bank which arranged for the entrance of three major French banks to finance the Coral LNG Project1, was so hostile at their AGM that when JA! attempted to ask a question about their negligence and ineptness in the project, they turned off the microphone and refused to answer the question. Shareholders were shouting “go home!” as JA! and partner organisations walked out of the meeting.

 

At the Shell AGM in Amsterdam, we were part of a large contingent of civil society organisations, mostly Dutch but also some European. Shell has a sale and purchase agreement (SPA) with Mozambique LNG to buy 2 million tonnes of gas per year for 13 years.

 

JA! and an organisation from Nigeria were the only attendees from the global South. The response to our questions was, as expected, vague, but our voice had been heard and carried in the Dutch media. Shell had little respect for activists – when the Nigerian activist raised the impacts that Anadarko’s project was having on their community in the Niger Delta, the Charles Holliday, Shell’s Chairman, responded that he should approach the ‘helpdesk’ in the foyer for assistance.

Interview with online news outlet madrid2

The third AGM we attended was that of Total in Paris, which is the new owner of the Mozambique LNG Project2, since May when it purchased Anadarko’s Africa assets. Anadarko, however, is still operating the project, and plan to hand over the lead to Total at the end of the year. After Greenpeace disrupted the AGM last year, there was a large police presence, and for some reason that was not properly explained to us, even though dozens of activists had arranged for access to the AGM, only JA! and an activist from Greenpeace were allowed into the plenary. JA!’s question was met with a dismissive answer, with Total evading responsibility for the impacts of the gas industry on the ground, claiming that responsibility lies with Anadarko.

 

This was a theme that came up in all AGM’s that we attended, including the fourth one, that of Italian company Eni, in Rome. Eni, along with ExxonMobil has the biggest stake in operating the Coral South LNG Project in Mozambique. We found that all the companies that we confronted, including during the one-on-one meetings we had with industry financiers BNP Paribas and BPI (French Public Investment Bank) put all the blame for the impacts on Anadarko. When we pushed them for answers, it became clear that none of these companies had even looked at the Environmental Impact Assessment that Anadarko had made in 2014, and yet were blaming them for all the climate injustices that were taking place. They are conveniently ignorant.

 

JA!’s partners had arranged for us to hold meetings with several authoritative bodies, including Michel Forst, UN Rapporteur on HRD; French parliamentarians from the working group on human rights and TNC’s; the deputy director of the Dutch Ministry of Foreign Affairs; a parliamentarian from political party ally in Spain, Unidas Podemos; Belgian parliamentarians, and party representatives at the European Union.

 

We also met with other organisations, including Oxfam, Amnesty International, Food First Information and Action Network (FIAN), the Centre for Research on Multinational Corporations (SOMO) and Action Aid.

 

In each country we spoke at events, to full houses of activists, journalists and the general public, some meetings of over 100 people. Our partners organising the tour had built a media campaign around our visit. Here are links to some of the articles about our struggle in European media and blogs:

 

Publico (Spain)

 

Les Echos (France)

 

Basta (France)

 

Observatories de Multinationales

 

L’Humanite (France)

 

Banktrack

 

Foe Scotland

 

It was great to see the amount of interest in our campaign, once people were made aware of the issue, and on the flipside, frightening to see how little attention the industry had been given in European media. But we believe that this tour has taken us several steps forward in the following ways:

  •  We have made many new partners and allies in the campaign throughout Europe, strengthening our coalition
  • We have shared the campaign with people working on or interested in the issue of fossil fuels and climate justice, including activists, journalists, academics and students.
  • We have directly questioned industry players one on one, from which we received some crucial information
  • We raised the issue in large industry public platforms, AGM’s, leading to attention on written and social media, and making shareholders aware
  • We have brought the issue to the radar of high level individuals on an EU level, and on the level of political parties, parliament and ministries

Now that we have strengthened the foundation of the Campaign in Europe, we must continue to push for answers and accountability. Push for activists in Europe to take their power as European citizens to hold their companies to account, and push them to force their governments, at national and EU level, to take responsibility for those corporations from whom they receive their tax.

1 Area 4 is operated by MRV, a joint venture company comprising ExxonMobil, Eni and CNPC, which holds a 70% interest in the concession for prospection and production in that area. Galp, KOGAS and Empresa Nacional de Hidrocarbonetos de Moçambique each hold 10% interest. ExxonMobil will lead the construction and operation of liquefied natural gas production facilities and related infrastructure on behalf of MRV, and Eni will lead the construction and operation of upstream infrastructure, extracting gas from offshore deposits and piping it to the plant.

2 The Area 1 block is operated by Anadarko Mozambique Area 1, Ltd, a wholly-owned subsidiary of the Anadarko Petroleum group, with a 26.5% stake, ENH Rovuma Area One, a subsidiary of state-owned Empresa Nacional de Hidrocarbonetos, with 15%, Mitsui E&P Mozambique Area1 Ltd.(20%), ONGC Videsh Ltd. (10%), Beas Rovuma Energy Mozambique Limited (10%), BPRL Ventures Mozambique BV (10%), and PTTEP Mozambique Area 1 Limited (8.5%).

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JA! causes a ruckus at the Eni AGM

On Wednesday 14 May, JA! Attended the AGM of Italian oil and gas giant Eni, in Rome, where we put CEO, Claudio Descalzi, Chairperson Emma Marcegaglia and the board of executives on the spot in front of about 50 shareholders, by asking them questions about their work on gas in Mozambique and oil in South Africa that they really did not want to deal with. This was the first time we had been at the Eni AGM and we were able to go with the help of our Italian partners, Re:Common.

The meeting started at 10am and went on till 9pm, unusually late. After submitting written questions two weeks ago, we received the written answers, in Italian, literally as we walked into the meeting, and had to study them while the meeting was already in session, to see what they had or had not answered sufficiently before we were given a chance to speak.

JA! was given 10 minutes for an intervention. We first gave the context of the way Enis Coral Liquid Natural Gas Project was destroying endangered flora and fauna, and forcing people off their land before operations had even started, as well as their oil exploration in Block ER236, off the South Coast of Durban, affecting the livelihoods of at least 20 fishing communities and followed this with a barrage of questions about both of these issues, none of which were properly answered by CEO Descalzi.

While we asked many questions covering a range of topics, the main issues we raised were:

– Why did Eni begin operations in Mozambique in 2006, when they only received their license in 2015, and only completed their environmental impact assessment (EIA) in 2014? (This EIA was done in conjunction with Anadarko)

– Why is Enis gas project in Mozambique releasing greenhouse gases that will increase the whole of Mozambiques carbon emissions by 9.4% by 2022, when their main focus for the next ten years is decarbonisation?

– Why did Eni ignore the poor and marginilised communities of the South Coast of Durban, while only engaging with the wealthy communities at country clubs and upmarket hotels, to do their EIA?

Descalzi was extremely patronising in his responses, saying that Eni had not done any drillingin South Africa, so he is not sure about the forced removals of fishing communities that you (Ilham) are talking about.

He also interrupted JA, to say that Eni is not involved in Area 1 so the EIA for Mozambique But this is a lie, as Enis logo is on the front page of the EIA.

He did not answer the questions about them beginning operations in Mozambique before they received their license. He also claimed that the resettlement process of what we know to be forcefully-removed communities in Mozambique was in line with the EIA.

He said that the answers to the other questions were in the document of written responses, which will be released next month.

After the end of the AGM, Descalzi sought out JA !representative, and thanked JA! for the questions, to which JA! responded that none of the questions had actually been sufficiently answered, and that his so-called responses were offensiveas they contradicted what JA! Has seen on the ground, and which we are told by affected communities. He is basically, JA! said, saying that we are either ignorant or lying.

It was clear that we, and our partners Re:Common had an impact on Descalzi as he was answering our questions, he stumbled, saying Im well-cooked, an Italian saying meaning that he was extremely tired. That he sought Ilham out before anybody else was quite telling, offering her his personal contact details. Now lets see what happens

JA! will publish a more detailed post, the questions asked, and the verbal responses from Descalzi, as well as an analysis. Its important to note that Eni, and Descalzi, along with Shell, are currently defendants in a court case, charged with one of the worlds biggest corruption scandals, allegedly paying $ 1.3 billion in bribes, to Nigerian politicians for the purchase of an oil field in Nigeria. Lets see now, if he keeps his word by responding fully and personally to the questions he has offered to personally answer, while also remembering, Can we trust one of the most corrupt men in the world?

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Justica Ambiental’s intervention at Eni Annual General Meeting

14 June 2019

Rome

I represent an organisation called Justica Ambiental/Friends of the Earth Mozambique in maputo. Ive come quite a long way to ask Eni some questionsI will ask in particular questions about the onshore and offshore work in Area 1 and Area 4 of the Rovuma Basin in Mozambique, which includes the Coral Floating Liquid Natural Gas Project, and the Mozambique Liquid Natural Gas Project, and the offshore oil and gas exploration in Block ER236 off the South Coast of Durban in South Africa.

we want to give some context to the shareholders:

Although the extraction in Mozambique has not yet begun, already the project has taken land from thousands of local communities and forcefully removed them from their homes. We work with and visit most regularly the villages of Milamba. Senga and Quitupo. The project has taken away peoples agricultural land, and has instead provided them with compensatory land which is far from their homes and in many cases, inarable. Fishing communities which live within 100 metres of the sea are now being moved 10 km inland.

Furthermore, the noise from the drilling will chase fish away from the regular fishing area, and the drilling and dredging will raise mud from the seabed which will make fishing even more difficult with little visibility.

There is little to no information about the type of compensation people will receive. Communities think the ways in which peoples compensation has been measured and assessed is ridiculous. For example, the company assesses someones land by counting their belongings and compensating them financially for those goods. Another way is by counting the number of palm trees that one person has on their land. Most people have been given a standard size of land of 1 hectare. This is regardless of whether they currently have 1 hectare, 5 hectares, or even ten hectares.

80% of Mozambicans dont have access to electricity, and need energy to live dignified lives. Despite this incredibly low electricity rate, the LNG projects will not help Mozambique and its people benefit from its resources. Instead the LNG will be processes and exported to other countries, in particular Asia and Europe.

The projects will have a huge negative impact on the local environment, destroying areas of pristine coral reefs, mangroves, and seagrass beds, including endangered flora and fauna in the Quirimbas Archipelago, a UNESCO Biosphere.

Mozambique is a country that is already facing the impacts of climate change. In the last two months, two cyclones hit the country hard, as we saw most recent with Cyclone Idai and Cyclone Kenneth that together killed over 600 people and affected at least 2 million.. The EIA admits that the contribution of the projects greenhouse gases to Mozambiques carbon emissions will be major.

This project will require a huge investment by the Mozambican government, which would be better spent on social programs and renewable energy development. The project itself will require an investment of up US$ 30 billion. This project will divert funds that should be going to education and other social necessities, including $2 billion that the World Bank estimates is necessary to rebuild the country after the cyclones, in order to build and maintain infrastructure needed for the gas projects.

Over the last year and a half, there as been a scourge of attacks on communities in the gas region, which many communities believe are linked to the gas projects because they only began once gas companies became visible. In order to ensure the security of the gas companies and contractors, the military has been deployed in the area and maintains a strong presence, and several foreign private security companies have been contracted by the companies.


SOUTH AFRICA

While the human rights and environmental violations against the people of the South Coast are many, the particular issue Id like to raise is that of the lack of meaningful public participation with the affected communities, who were totally excluded from the process.

Exclusivity of meetings:

Eni held a total of 5 meetings.

Three of them were at upper end hotels and country clubs in the middle class areas of Richards Bay, Port Shepstone and in Durban. This is extremely unrepresentative of the vast majority of people who will be affected, many of whom live in dire poverty: communities of as Kosi Bay, Sodwana Bay, St Lucia,, Hluluwe, Mtubatuba, Mtunzini, Stanger, Tongaat, La Mercy, Umdloti, Verulam, Umhlanga, Central Durban, Bluff, Merebank, Isipingo, Amanzimtoti, Illovu, Umkomaas, Ifafa Beach, Scottsburgh, Margate, Mtwalume, Port Edward and surrounding townships like Chatsworth, Inanda, Umlazi, Phoenix and KwaMakhuta. This is blatant social exclusion and discrimination.

During the two so-called public participation meetings with poorer communities in February and October 2018, attended by both Eni and consultants Environmental Resources Management, the majority of people affected were not invited. The meetings, held by Allesandro Gelmetti and Fabrizio Fecoraro were held in a tiny room with no chairs. Eni had not invited any government officials.

[Sasol head of group medial liaison Alex Anderson, confirming the meeting, said: Eni, our partner, is the operator and the entity managing this process. Sasol is committed to open and transparent engagement with all stakeholders on this project, as its an ongoing process over the coming year. We value the engagement and the feedback we receive, so that we consider stakeholder concerns into the development of the project.]

Eni says it dropped the finalised EIAs off at 5 libraries for the interested parties to read. However these libraries are difficult for most of the affected communities to travel to, and one of the libraries, Port Shepstone library, was in fact closed for renovations at the time.

QUESTIONS:

Civil society in Mozambique:

The response to our question was not answered, and I would like to reformulate it.

Is Eni working with any Mozambican organisations as part of its community engagement, and which are they?

Is Eni working with any organisations, Mozambican and from elsewhere, who are NOT paid by the company?

Reforestation:

Id like to quote an article in the FT article David Sheppard and Leslie Cook 15 March 2019- Eni to plant vast forest in push to cut greenhouse gas emissions, which says, I quote:

by planting trees which absorb CO2 from the atmosphere, companies like Eni are looking to offset their pollution that their traditional operations create.

Italian energy giant Eni will plant a forest 4 times the size of Wales as part of plans to cut greenhouse gas emissions

1. Does Eni dispute the truthfulness of the Financial Times article

Eni says that it has already begun the contract process with the governments of the countries in Southern Africa, where these forest projects will take place.

1. Has the company assessed whether there actually is 81 000 hectares of unused land available for this project?

2. Has Eni already held any public participation meetings with the communities who live on the land that will be used for ?

3. who is doing this assessment and when will it begin

4. how many communities and people will be affected?

EIA s:

1. In the case of Area 1, Eni responded that the responsibility for ongoing public participation with the communities of Cabo Delgado lies with Anadarko for the joint EIA. Does Eni confirm it is relying on another company to guarantee that its own project fulfills requirements for an EIA?

2. Also on Area 1, the last EIA was done in 2014? Why does Eni rely on an impact assessment that is 5 years old?

3. Eni has responded that it only concluded its EIA in 2014, but had already begun seismic studies in 2007 and prepared for exploration in 2010. Furthermore, Eni only received its license from the Mozambique government in 2015. This is a whole 8 years after it had begun seismic studies.

Why did Eni begin studies that affect the environment and people before completing an EIA?

Decarbonisation:

This question was not sufficiently answered: I have asked why Enis decarbonisation strategy does not align with its actions in Mozambique, where the EIA says, and I quote from Chapter 12: The project is expected to emit approximately 13 million tonnes of CO2 during full operation of 6 LNG trains.

By 2022 the project will increase the level of Mozambiques GHG emissions by 9.4%

The duration of the impact is regarded as permanent, as science has indicated that the persistence of carbon dioxide in the atmosphere is said to range between 100 and 500 years, and therefore continues beyond the life of the project.

I ask again, how does this align with Enis decarbonisation strategy?

Private security:

1. Who is Eni using as their private security companies in Mozambique and in South Africa?

2. What was the legal process the company went through to contract these private security companies?

3. If any companies are not registered locally, what legal process did Eni go through to bring them to Mozambique and South Africa?

Contractors:

1. Will Eni provide us with a list of all their contractors in Mozambique and in South Africa?

2. if not why not?

Jobs in South Africa:

You have not answered our question here

How many jobs will Eni create at its operation in SA?

How many of these jobs will be paid by Eni?

Contract

I ask this in the name of the South Durban Community Environmental Alliance. The organisation requested Eni to make available the contract signed with the Dept of Environmental Affairs and Petroleum Agency South Africa that gives Eni permission to conduct seismic testing. Eni has said no, because the right to the document lies with a contractor.

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Petitions to government institutions fall into oblivion

On the 21st of September 2016, Justiça Ambiental, in partnership with the World Rainforest Movement, submitted to the Ministry of Land, Environment and Rural Development, to the Ministry of Agriculture and Food, to Green Resources and to Portucel a petition signed by 12332 people exposing the numerous conflicts and social, environmental and economic impacts – especially in the local communities directly affected. The petition stated the following:

“On September 21st, on the occasion of the International Day of Struggle Against Tree Monocultures, we, the undersigned organizations, groups, movements and individuals, expressed our solidarity and support to the communities that are fighting against the expansion of these large plantations. We demand that Green Resources, Portucel and all other companies and financial capital investors who are usurping land or planning to support the capture of fertile agricultural land for tree monocultures in eastern and southern Africa return it to the communities. By doing so, they can help prevent new conflicts between plantation companies and governments and contribute to solve the many that already exist across the region. We demand that the Government of Mozambique maintain its Land Law and ensure that the rights of communities to land, water and food are duly respected.”

The conflicts and impacts of monoculture plantations are not exclusive to rural communities in Mozambique. In fact, they are a characteristic of this type of investment and can be found everywhere where plantations of this type are promoted.

The petition was submitted to the aforementioned bodies with the knowledge of:

The Office of the President of the Republic

The Parliament

The Attorney General’s Office

The Governor of the Province of Zambézia

The Governor of the Province of Niassa

The Governor of the Province of Nampula

However, to date, after more than 2 years, none of the institutions above deigned to respond…

These public institutions, that we are told exist to serve and defend the interests of the people, are the ones who systematically ignore their concerns, demands and petitions…

In August 2018, Justiça Ambiental, ADECRU (Academic Action for the Development of Rural Communities) and Nampula’s UPC (Provincial Peasants Union) facilitated the process of drafting and submitting a petition on behalf of the communities affected by Green Resources, which contained some 3406 signatures from members of affected communities. The petition exposed in detail the innumerable situations these communities were subjected to and the various attempts at conflict resolution that have had no results at all. This last petition was submitted to the following institutions:

Ministry of Agriculture and Food Safety, addressed to the Minister;

Ministry of Land, Environment and Rural Development, addressed to the Minister;

The Parliament’s 5th Committee – Committee on Agriculture, Economy and the Environment;

Green Resources Mozambique;

Mozambican Bar Association;

Norfund;

Embassy of Norway in Mozambique; and

National Commission on Human Rights

Of these institutions, only the National Human Rights Commission responded and was showed interest in investigating the matter, however, so far nothing else has happened.

Land conflicts persist, communities affected and deceived with promises of better living and employment are still waiting for a response, they continue to wait for a solution to their many complaints, and to believe that there will be answers to their many appeals !!!

More frightening than our government’s silence and inaction over these petitions and complaints regarding this type of investment, is that it continues to promote the monoculture plantations business, it continues to invite investors and distribute land that is not vacant, nor is it infertile or marginal – as they claim in order to defend their investments.

The latest versions of the Forestry Policy and Implementation Strategy, of the 2035 Forest Agenda and of the National Forestry Program, which are allegedly still under public discussion, clearly demonstrate that our government, particularly the environment and forest sectors, is far from realizing the scale of the social, environmental and even economic impacts of this investment.

Even more serious than the complete absence of current knowledge about the negative impacts of large monoculture plantations on the environment, in particular on maintaining the ecological balance on which we all depend, is the arrogance with which they refuse to learn from the many examples that exist throughout the world. It is completely unacceptable and absurd to hear a forestry technician effusively defend that monoculture plantations are forests and then insist by asking “are those not trees?”! It is equally unacceptable that the definition of forests can be altered to accommodate the interests of many false solutions such as REDD and the commodification of nature. Yet, this is precisely what is happening in the sector.

Important instruments such as the 2035 Forest Agenda and the National Forestry Program are being developed under the leadership of government’s “strategic partners”, with tremendous economic interests in the sector, such as the World Bank that has poured millions and millions of dollars in these “make-believe” processes. Yet we, the Mozambican organizations that stand our ground against the complete pillage of our resources, are the ones who are constantly accused of serving foreign interests. The influence and power enjoyed by these “strategic partners” who finance and direct these processes is visible and frightening. Who rules our country? Are we really sovereign? Or is that speech valid only when your “strategic partners” and our eternal “financiers” are angry with your crazy adventures with public money? Are we only sovereign then?

Public participation is still a huge challenge, and it does not seem to us that there is a real desire to improve, since this way it is much easier to conduct the processes without much resistance. Mozambican civil society barely participates in public discussion processes, whether about environmental aspects or other issues. The participants of these meetings are mostly representatives of civil society organizations and other organizations and sometimes some students. This weak participation also tells us a great deal about the way citizens feel about these processes and, above all, what can be expected of them.

In the case of the above-mentioned instruments, it should be noted that technical committees have been set up for the elaboration and discussion of these, but the space attributed to civil society organizations is always very small and it is not clear how organizations are “chosen” to participate . JA! participated in the technical committee and despite the numerous comments on the various versions of the document, nothing was really considered and properly analyzed. Our natural resources, our forests and ecosystems are only treated as profit-making resources, we do not consider their biological importance and the fact that we are part of this planet and depend on the biological services that these ecosystems provide us and that allow life on Earth.

It seems childish to remember that we do not own Planet Earth and nature, we are part of it. We are the most stupid and destructive part of it…

Our stupidity is demonstrated over and over again by the state of our planet, by the state of our forests, rivers and other ecosystems… We don’t see the other animals – the ones we call irrational – destroying their habitat as humans do… for profit!

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