Human rights | JA4change

Jan 19 2022

Activism, Africa Renewable Energy Initiative, african corruption, artivism, Binding Treaty, Climate crises, Crime, Dismantle Corporate Power, Energy and Society, Flight against corporate power, Forests, gas industry, Human rights, justice, land grabbing, Pollution and Environment, Responsibility and Justice

A Deadly Ring of Coal:

VALE’s poisoned gift to Mozambique

By: Estacio Valoi*

15 years ago, when the Mozambican government signed the contract with VALE, almost everybody in Mozambique believed that coal would develop the country. This investigation exposes part of the destruction that VALE Moçambique is preparing to leave behind now that it has announced an agreement to sell its projects to Vulcan Minerals for US $270 million.

Located in the Province of Tete, in Mozambique, the Moatize Coal Mine was officially inaugurated in May 2011. It is owned by VALE Moçambique and Mitsui Corp and it produces 11.3 million tonnes of coal per annum.

In its 2009 annual report, VALE stated that it had 1.087 million tonnes of coal resources (both proven and probable) across all its mines and projects, of which 954 million were in the Moatize mine. The report also stated that the projected depletion date of the project was 2046.

In January 2021, VALE announced plans to pull out of the project. Then, in December 2021, VALE announced it had entered into a binding agreement with Vulcan Minerals – a company that is part of the Jindal Group – to sell the Moatize coal mine and the Nacala Logistics Corridor for US$ 270 million. However, this transaction can only take place if the Government of Mozambique approves it.

But in those brown, black concession areas held by the transnational company in the hot province of Tete, we found a troubling pattern of violence, land-grabbing and death that completely contradicts VALE’s claim of “responsibly sourced” coal.

Between 2009 and 2010, VALE resettled 1,365 families – in the Cateme and 25 de Setembro resettlements areas – in order to install the Moatize mine. Along the Nacala Corridor, an additional 2,000 families were resettled. Most of the families resettled by VALE relied on subsistence agriculture and cattle raising in order to survive.

The resettlement areas were plagued by a number of problems which have already been widely documented, such as unsafe housing (e.g. faulty infrastructure and poorly installed electrical and sewage systems), andland unsuitable for subsistence agriculture (due to bad quality of soil, no access to water and being far from markets). Although these problems have long been denounced by affected communities and various organizations at national and international level, the vast majority of them are yet to be resolved.

The Mozambican Police (PRM), including its Rapid Intervention Unit (UIR), have been “used” by VALE in several occasions. They have dispersed and repressed protesters by beating them up or shooting at them with rubber bullets and even live ammunition, and they have arbitrarily detained local brickmakers (a.k.a. oleiros) – who still seek compensation for losing their livelihoods.

To make matters worse, local journalists are being intimidated and threatened by local authorities – including the Mayor of Moatize, Carlos Portimão – and told not to report on these issues.

“If you want to report about VALE, talk with its directors, not with the locals nor with the oleiros.” – local radio directors are telling their reporters.

To make place for open-pit mining, the people who lived inside the concession areas were “forcefully removed” from their homes, from the small family farms that kept them fed, from the rivers that provided them with plenty of water and from the river banks where they produced clay bricks for a living. Today, “pushed” outside the fence, these people, along with tens of thousands of others who already lived in the outskirts of the mine, are facing a very harsh reality: there is no water left. The rivers that used to provide them with water for farming, cattle and other basic needs, have either been diverted to supply water to the mine, polluted or simply burried by tons of sand – a shameful and blatant violation of their human rights.

Unlike what some may think, the number of people severely affected by VALE goes way beyond those who have been resettled and the thousands of families who live in Bagamoyo, Nhantchere, Primeiro de Maio or Liberdade – the neighbourhoods that border the mine, under a permanent cloud of dust and whose inhabitants get sistematically sick from VALE’s pollution. The oleiros are a good example of a different kind of highly impacted group. Even though VALE has compensated some of those who were forced to hand over their land to the mining company, many others claim they were left out of the agreements.

In 2019, for example, when VALE started the expansion of the Moatize III Mine, the company cut Primeiro de Maio, Liberdade and Paiol’s access to the Moatize River, affecting brickmakers and peasants from those communities. Since then, several meetings were held between the affected people, VALE and the government. More recently VALE changed the tone and started stating that no compensation is owed to any brickmakers. While this process is dragging on, more than 4,000 oleiros are having a very hard time supporting themselves and their families.

In the Province of Tete, with the abetment of the Mozambican government, roughly half a million people are currently abandoned to their fate: to live in a deadly ring of coal for (at least) 35 years.

VALE’s arrival and the communities’ downfall

Zita, a forty-some year old widow, told us she lived with her late husband Refo Agostinho – held by many as the best brickmaker in Moatize – before they were gradually forced to give their land away to VALE. Mother of four, she and her husband Refo had brick making as their main source of income. The money was used to feed their children, pay for school and cover other needs. “They all grew up supported by money from brickwork.”

In 1993, both unemployed at the time, with no one to support them and already with a daughter to raise (the eldest), Zita and Refo decided to make a life plan and thus guarantee their family’s livelihood. It was then that they began to work in pottery and brick production near the Paiol area. At first, they were generating around 30,000 Meticais (approximately US$470) per month (depending on the season). Soon, to meet demand, they had to hire workers.

“First we had five workers, then ten and then fifteen… Payment depended on the kind of work and on each worker’s results. Some workers could make 3,000 bricks a day for about 900 to 1,000 Meticais (approximately US$15). With the money from brick making we could buy curry, we were able to build our own house, we also bought a car. At home, Refo ran other businesses. With the bricks, he set up mills and he was a welder and a panel beater too. We also used our car to transport the bricks to where our clients needed them… For 20 years we developed this activity”.

Refo died of stress and grief: he had a heart attack

“Refo lost his life after things changed. VALE took everything from us. In Chipanga, where we used to make bricks, our property was large: one hectare. My machamba [farm] was elsewhere, in Canchoeiro. VALE took us out of there but they did not want to pay us compensation (for the land), nor for having us cease our activities. They would say process X had to go to position Y, but they refused to give us money, always talking but without a solution. So, they [the brickmakers] had to organise demonstrations to receive the money. When they protested, the police arrived, intimidated him and took him to jail. He stayed (in jail) for a week, then left and continued to fight until VALE compensated us. I’m not sure how much money it was, but I heard it was about 60,000 Meticais (approximately US$940).”

But the brickmaker’s life was never the same again. “After losing the land where he worked, Refo began to suffer from stomach aches and having blood pressure problems, and with that, he died. Now, I support the children and they all go to school. I depend of a single mill, which he left to us”.

Tampered community survey lists

We were in the District of Moatize when the representative of the Nhankweva brickmakers commission, Nordino Timba Chaúque, told us he was fed up with VALE’s neverending promises and unfulfilled agreements with local communities over the years. “The company is doing things the community doesn’t like.”

They started to list the brickmakers and peasants who had to be compensated in Nhankweva and other neighbourhoods in 2020, but the process is still unfinished. “A long time ago, we met with VALE to discuss these payments. The company promised us that it would pay us all – a group of 571 brickmakers – and each of us would receive 125,000 Meticais (approximately US$1960). We stopped our activities. They only paid for the trucks that took our bricks from the place they occupied to somewhere else. We were not compensated. This Wednesday, again, the company told us to come back on December 22, 2021.”

But from one Wednesday to the next, the situation remains unresolved, and now VALE says it will no longer pay any compensation to these brickmakers.

“About 500 or so people, each received 60,000 Meticais (approximately US$940) to stop their activities, but they still had to pay us 125,000 Meticais each (approximately US$1960) – the value of the compensation. At one point VALE just said that it no longer recognized us and that we are not part of the registration lists.

VALE subcontracted a company – MP – to carry out the registration. The people from that company were trained and qualified professionals. But later on – in order to stall or avoid payment – VALE told us that those lists, made by their people, had been tampered by infiltrated people from the community! VALE surveyed Chipanga in 2009. They know the job. One cannot say that there were infiltrated people from the community because there were local authorities in place: government staff, technical staff from the municipality too. So, where and how did the people infiltrate?! The entire local authorities from all the neighbourhoods followed this process” – said another brickmaker.

VALE and the government keep playing hot potato. “These are VALE’s maneuvers to avoid paying us. They are the ones who used to do the registration, but they chose MP to do this registration. So, they must have the numbers. We have 3,000 people [on our list].” – says the President of the brickmakers commission.

Former employees of MP confirm that VALE claims to have 5,000 people on its list and accuses the company’s employees of tampering with the numbers. According to them, this is but a maneuver by VALE to stall the process. “We were even expelled! They confiscated our private phones and searched them. They accused us of putting extra people on the lists in exchange for money, which is not true.”

Little to nothing has been done to address all the 2008, 2010 or 2012 pending processes and cases regarding compensations, new land allocations and social projects

Paulo Vítor Maferrano, 41 years old, from Chipanga, Moatize, claims that he too made around 30,000 Meticais (approximately US$470) per month.

“Chipanga is our area. The mining company started occupying it in 2008. In the beginning, VALE said that it would not occupy Chipanga, so people who were removed from other areas came to Chipanga to make their machambas. But suddenly, VALE started moving people out of Chipanga too, which meant they had to negotiate with those people too. 2021 is about to end and people have not been compensated yet.”

Paulo’s reality is no different from that of other brickmakers. He was also left without his machamba and without his brickworks – his main source of income. “We already tried to send the documents. We went to the government, and VALE really did say that it would not pay us. So we tried to turn to other forums. (…) VALE only started working on this specific area in May 2021, these are the new lands VALE is expanding to. Neither the company nor we know the extent of the mine concession. When VALE arrived, they said that first they were going to give us 60,000 Meticais (approximately US$940) so we would leave our fields and stop our activities immediately, and then they would give us 125,000 Meticais (approximately US$1960) in compensation. But so far, they have not given us anything.”

Police violence against brickmakers and local communities

Cases of police violence – carried out by State forces to protect the interests of the mining company – date back to the beginning of the project. People have been arrested, beaten, shot with rubber bullets and sometimes real bullets and tear gas has also been used on citizens, including on pregnant women and children.

On the 20th of November 2021, four members of the Nhantchere community, who had been representing families whose homes have cracks on the walls caused by the mine explosions, were unjustly detained and remained in prison for 3 days. Shortly afterwards, on December 23rd, two brickmakers were detained for five days during a meeting where they were debating with their community what to do about VALE’s refusal to pay compensation to the expropriated brickmakers and peasants. Community members who play leading roles in the negotiation processes with VALE tend to suffer increasing reprisals and intimidation, including arbitrary and illegal detentions.

Vasco was shot inside his own home

On the 6th of May 2021, tired of VALE’s lack of interest in resolving the compensations and payments owed to people from the Primeiro de Maio neighbourhood who lost land and access to the river, a group of brickmakers and peasants occupied Section 6 of the mine and blocked the road that grants access to it, demanding answers from the company. This demonstration ended peacefully, when brickmakers reached an agreement with representatives of VALE and the government – who went to the site – and agreed that the matter would be debated the following day with the entire community, in the neighbourhood square.

But the agreed meeting on the 7th of May 2021, in Primeiro de Maio’s square, was a ‘ambush’ set up by VALE and the local government. Representatives of VALE and the local government did not come to the site. Instead, the Police – including agents of the Rapid Intervention Unit (UIR) – showed up at the square and decided to intervene by repressing the community that was lawfully demanding its rights.

Vasco was at home. At the square, just outside his door, the population was gathering, eager to hear what the company and the government would have to say about their destroyed farms and lost lands. Neighbourhood leaderships insisted on summoning all the people in the community to await the arrival of government and VALE representatives.

“Suddenly, we realised UIR and the people were moving from one place to another. There were gunshots. They threw tear gas. People were running around, so I decided to pick up my 6 year old son from school immediately. When I got back home, we got inside the house and I shut the door. But everytime they have a meeting here at the headquarters, they come to borrow my chairs, and that day I had lent the chairs to my neighbour. So, amidst the havoc, the neighbour came to return the chairs. He knocked on the door, I peeked out the window and only saw him. I didn’t know he was accompanied by a UIR agent. I opened the door and he shot me in the stomach. No questions asked. Nothing. He just said ‘these are the agitators’ and fired the gun at me.”

Vasco was abandoned and left to die

“I was in pain. My 6-year-old son managed to take my phone out of my pocket and called his mother to inform her of the situation. His mother called a taxi driver and they managed to take me to the local hospital, but due to the serious situation I had to be urgently transferred to the city hospital [in Tete], where a doctor helped me promptly. If it hadn’t been quick, I don’t know what would have happened. I arrived unconscious and only woke up after the operation. I had a bandage around my belly, when I tried to find out I was informed that they had operated on my belly and that I had ‘dirt’ inside. They had to operate to remove it, I was in hospital for 7 days.”

Vasco had black particles inside his body – ‘dirt’. “Yes, the doctor informed me. It was because of the bullet I got in my stomach. It could even be because of the dust we inhale every day.”

Unemployed at the time, Vasco was applying for a job opening. “They called me and I was still in the hospital, but because I was in no condition to go, I asked them to give me another week, and they accepted.” Still weak from both being shot and the surgery, he was called in for the interview. At the time, with no choice, and after a long time looking for a job, he decided that, weak or not, he was going to show up at the interview. “It was sad. I was called in, and I needed to find a way to earn some money while my wound was healing. I went there but I was still unwell.”

While Vasco was in hospital, his wife sustained the family by selling cookies and other casual work from home. But since he was shot, Vasco’s health is not the same. He can’t do tasks like weeding or carrying water, and at work he has to maneuver the car using the seat belt.

“When I put on the seat belt, it goes through my belly here, and I still have stitches. I have been feeling pain whenever there are changes in temperature or when it is about to rain. The people who did this to me were not held responsible and I did not have any support. I would like to point out that the government was aware of what happened to me, and nobody came here to, at least, see how I was doing these days. So far, I have no information or response from them”.

Prosecuting VALE

At least two cases were brought up against the mining company VALE Moçambique regarding access to public interest information: one by the non-governmental organization Justiça Ambiental (JA!), and the other by the Mozambican Bar Association (OAM).

JA! demanded that “VALE’s environmental monitoring reports between 2013 and 2020 be made available, as they are public documents that should be widely known, especially by the communities that have to live with VALE’s operations on a daily basis.”

VALE claims to be a “transparent company” but denies access to documents of public interest, trying to argue in different ways against court decisions that, more than once, went Justiça Ambiental’s and OAM’s way. In the appeal filed by the mining company, VALE argues that “there is no doubt that the reports that contain the information requested by the applicant […] are of a confidential nature”.

This argument was refuted by Justiça Ambiental, who stood its ground.

Regarding case No. 26/2020, the Administrative Court – through Ruling No. 130/2020, of December 30th 2020 – gave reason to the civil society organization, concluding that “the intended information cannot be classified as confidential” since “it has to do with mining operations, namely, whether or not they are harmful to the environment” and reiterated that “the Constitution of the Republic defines the environment as a citizen’s right and determines everyone’s duties regarding this right”. Yet again, VALE appealed this decision.

OAM, in turn, asked the court to subpoena the mining company VALE Moçambique, S.A., to make available various information of public interest, including the Memorandums of Understanding and other agreements signed between the Government, VALE Moçambique and the affected communities; information regarding the total amount of taxes paid by VALE to the Mozambican State; information on ongoing resettlement processes; among others.

The Administrative Court of the City of Maputo agreed with the OAM and mandated VALE to provide the information in question. Not satisfied with this decision, VALE filed an appeal. Once the process was filed and the allegations and counter-claims presented were analyzed, the Counselor Judges of the First Chamber of the Administrative Court – through Ruling No. 119/2020, of December 15, 2020, referring to case No. 131/2020 – decided to dismiss the appeal filed by the mining company, for lack of legal basis to reverse the appealed decision, and agreed with the previous decision that condemned VALE for violating the right to information of public interest.

VALE S.A.’s posture (and VALE Moçambique is no exception) in regards to providing any relevant information of their impacts is renowned. Publicly, and in meetings, they will tell you they are keen to share any information requested by citizens and/or civil society organizations, but they never do.

In April 2021, during the General Shareholders’ Meeting of VALE S.A. in Rio de Janeiro, Brazil, some company’s shareholders voted not to approve the management report, as it omitted important information about the project in Mozambique. These shareholders also requested numerous documents of public interest, including documents requested by Mozambican civil society organizations regarding VALE Moçambique’s activities in Moatize. Senior executives of the company pledged to send the requested documents, but these promises, too, were not kept.

Despite so much reluctance to inform the general public about the real impacts of its activities, VALE strives to greenwash its image and constantly claims to be a transparent, ethical and honest company.

Continuous and systematic Human Rights violations

In Moatize, thick black clouds blanket the skies every time dynamite is blasted in the mine. The air is polluted, the surfaces are always covered with black dust, and maize flour can no longer be left to dry in the open air. The roads, used by VALE’s trucks, are a source of dust too.

There is a great lack of water, and the water that comes out of the tap is black like coal. The company closed, diverted, or polluted the rivers that fed thousands of people. Animals and plants are struggling too. The cattle were left without pasture and are surviving on garbage dumps scattered throughout the city of Moatize. Walking through the city, you may even get confused, and think that dogs are unusually large in the area, with leashes and all. But no, it’s cattle turned stray.

With the violent and almost daily explosions in the mines of Moatize, more than 1,000 houses in the neighbourhoods of Primeiro de Maio, Nhantchere, Liberdade and Bagamoyo have cracked walls, and many have already collapsed. These cracks in the houses of the mine’s neighbouring districts have become a registered trademark of the company in the area. The affected families have for years been demanding compensation for these damages and a decent resettlement in a place where they do not have to live with this situation.

The surroundings of VALE’s mine are also full of tragic stories that show the true face of their so-called “development”.

In September 2014, little Ester, from Primeiro de Maio, lost her life while playing in a hole opened by VALE. She was accidentally buried alive by a dump truck hired by the mining company. All that VALE did was to give the child’s familly 5,000 Meticais to help with the funeral expenses. In November 2020, in Cateme, a child died and four others were seriously injured while playing in their grandfather’s machamba, inside the resettlement built by VALE. The children found a buried object: an old war mine that exploded. Another tragic case concerns a group of children who were bathing in an open hole abandoned by VALE, which had been filled with water during the rainy season. Two children drowned because they didn’t know the hole was so deep. Neither the company nor the government were held responsible for any of these cases.

Open-pit mining: sky-high levels of pollution and public health endangerment

“Here, when people cough, black stuff comes out (of their throats), and the doctors say it’s mine dust. VALE, the government and a team from the hospital came to test people for a week. They saw that they had a cough, and that they were spitting out black things. Hence, the company never came here to give us an answer”, said one of the community members.

The levels of water and air pollution in Moatize put thousands of people at risk, many of them ending up in hospitals with respiratory problems, acute cough, tuberculosis. But for the mining company only profit matters. In 2021, the pollution situation in Moatize worsened.

According to laboratory analyses carried out on water (Liberdade neighbourhood) in 2021 at JA’s request, water and air pollution are three times above the national and international limits established by law. For example, Cadmium (Cd) levels of 0.009 mg/l were recorded in VALE’s concession area, while the levels considered admissible by Mozambique and the World Health Organization are 0.003 mg/l. Cadmium is a heavy metal that causes damage to the nervous system and can cause disturbances in fetal development, even in low concentrations.

According to hospital sources, most of the people treated at the Moatize Hospital are diagnosed with tuberculosis.

“Every day, here at the hospital, we receive a greater number of people who are diagnosed with tuberculosis due to the pollution caused by VALE here in Moatize. Pollution is affecting a lot of people, this company is hurting us, even I am feeling sick. I saw many people drinking dirty water from the river, the water is not coming as it used to. With Section 6, that VALE has just opened, all the dirt, chemicals that leave the mine, flow into the Moatize river, up to where the Revúboé river flows. This is just wrong.”

*This investigation was conducted in partnership with Mozambican NGO Justiça Ambiental JA!

Sep 13 2021

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

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

7^th of September 2021

Re: Release of the “third revised draft” during the negotiation by the Open-ended Intergovernmental Working Group on the elaboration of an international legally binding instrument to regulate the activities of transnational corporations (TNCs) and other business enterprises with regard to human rights

The Global Campaign to Reclaim Peoples’ Sovereignty, Dismantle Corporate Power and Stop Impunity (Global Campaign) notes the release of the third revised draft of the binding treaty, published on August 17, 2021. It is the result of the negotiation process started in 2014 with the adoption by the Human Rights Council of Resolution 26/9. This new draft emerges after the discussions held during the 6th negotiation session of October 2020 and the subsequent Matrix process of February 2021.

We are deeply concerned about the continuing hollowing out of key content, i.e., content that social organisations and affected communities view as critical. We hereby share our first impressions on the new draft and raise some procedural questions concerning the negotiation of successive “drafts”.

Although we note some positive changes in the third revised draft, these are mostly cosmetic, rhetorical and ineffectual. These superficial changes seek to increase the legitimacy of the proposed text, but, in reality, fail to solve the structural problems repeatedly highlighted by social movements and affected communities.

A change of direction in both content and procedure will thus be necessary to meet the objectives set out in Resolution 26/9 and to respond to communities subjected to human rights violations. It is unacceptable that the innumerable proposals for improving the draft presented throughout the negotiation sessions by representatives of the affected communities, social movements, as well as many experts and States to be omitted. The third revised draft is basically similar to the previous draft, despite the high number of concrete proposals that were made to improve it. This gives us the feeling of a lost year.

Moreover, the methodology used to revise the draft transparently considering the contributions of States and civil society organizations is a must. We appreciate the synthesis and mediation efforts of the Ecuadorian Chair Rapporteur. Nonetheless the negotiation has reached a point of maturity that requires a Member driven, open and transparent negotiation process facilitated by the Chair Rapporteur. This must ensure that the voices of civil society and affected communities are heard and taken into consideration by including the diverse text proposals in brackets during the session of negotiation. The objective of the session should be to achieve a new draft proposal of the IGWG and not just of the Chair. In short, to be true actors in the process, civil society must have both voice and influence.

In terms of content, we note once again that, following the approach presented in the previous drafts released by the Chair Rapporteur after the robust Elements Paper in 2017, and despite some positive elements, the new draft continues to present an ineffective and “toothless” instrument. We also note the use of vague, indeterminate and even non-legal concepts that may compromise the future interpretation and application of key articles.

As it stands, the draft instrument fails to meet the objectives established by Resolution 26/9, namely to regulate the activities of transnational corporations within the framework of international human rights law (in order to prevent human rights violations by TNCs and stop corporate impunity) and to ensure effective and comprehensive access to justice for affected peoples, individuals and communities. Furthermore, the current draft would not close the existing legal loopholes that allow and will allow TNCs to violate human rights with impunity and to escape liability for their actions. Without more innovative and ambitious provisions, the treaty risks becoming a new futile instrument aligned with voluntary frameworks that have already demonstrated their ineffectiveness.

Furthermore, the new text unacceptably continues a logic centered exclusively on States’ obligations, and fails to establish the direct obligations for transnational corporations, necessary to hold them directly accountable for the human rights violations they are responsible for. We are also concerned about the continued extension of the scope of the text to all business enterprises, including small and medium-sized enterprises. This dilutes the raison d’être of the binding treaty and the purpose set out in Resolution 26/9 (to address the particular obstacles to holding TNCs accountable), which clearly refers to transnational corporations and other business enterprises “with transnational character”.

Another element is the scope of prevention and legal liability of TNCs which focuses on weak provisions linked to due diligence, an inherently limiting concept. This risks a situation where TNCs escape liability as soon as they comply with due diligence processes.

We call attention to the lack of an unequivocal reaffirmation of the primacy of international human rights law over corporate, trade and investment law, the absence of a strong international enforcement and monitoring mechanisms (including an international tribunal) that would guarantee the effective implementation of the treaty, as well as the several remaining gaps in terms of inclusion and definition of global value chains, the piercing of the corporate veil, and addressing the bottom line of transnational corporate impunity.

At this stage, it seems clear that the Chair of the Working Group is steering the process towards the elaboration of a treaty emptied of its core content and focus on transnational corporations, with only generic provisions that rely on the capacity and political will of the States for their implementation and in line with corporate self-regulation. This confronts us with a text overly accommodating to the requests and interests of the corporate sector and their political allies.

This being said, the Global Campaign will continue its strong engagement in the negotiations with the unyielding intention to com up with a truly binding treaty worthy of its name and capable of becoming a bulwark against the power of transnational entities that lay claim to being the engines of our economies while they violate human rights and destroy our natural environment with impunity. In line with these commitments, the Global Campaign will, if necessary, oppose the adoption of a treaty whose content has been watered down and risks becoming a “normative trap” that closes the door on truly effective reforms in the coming years.

Contact:

Júlia García, facilitation@stopcorporateimpunity.org

Raffaele Morgantini, contact@cetim.ch

Erika Mendes, erikasmendes@gmail.com

Sep 07 2021

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

Where is Ibrahimo?

7 September 2021

Today, the 7 September 2021 has been exactly 17 months since Mozambican journalist Ibrahimo Abu Mbaruco disappeared in Cabo Delgado. His last message was to a colleague saying that the army was coming towards him.

Ibrahimo worked for Palma Community Radio and had been reporting on the violence in the area. Since then, what effort has the government put into finding him and bringing him back to his family? Absolutely nothing.

Since 2017 Cabo Delgado has been ravaged by a fatal conflict between insurgents, the Mozambican military, Russian and South African mercenaries and now the Rwandan and South African armies as well, that has created 800 000 refugees. This violence is deeply linked to the gas industry that has exploded over the last few years. The industry is headed by Total (France), Eni (Italy) and ExxonMobil (US), and is one industry filled with a great amount of treachery in the Mozambican and other states involved, which forms part of the corruption trial currently in the Mozambican courts.

Over the last few months several media outlets have arrived in Cabo Delgado, after at least three years of the area being closed to international journalists.

It is a good thing that Mozambican and international media has finally been allowed there, since free media is a crucial part of any democracy. However, journalists who actually live in Cabo Delgado and were the first to report on the happenings since 2017, have not been allowed to work in the conflict areas, unless they are from state-owned media outlets.

In an article in O Pais 26 August, Cabo Delgado-based journalist Hizidine Acha wrote that journalists from the area are being humiliated by having to report on the topic from a distance, even though they are the ones who know the terrain and the local language. They fear that the lack of reporting in local languages might lead to disinformation among the communities. The article quotes journalist Emanuel Muthemba as saying, “Journalists from here have to be on the front line, because we have basic knowledge about the reality of the province, the people and the languages spoken by the population, which is very important,”; and journalist Assane Issa says “speculation grows that we are not capable of doing this type of coverage – that only those from the country’s capital are. But this is not true, because we are the ones who have been reporting on the daily life of the province.”

In fact, the article continues saying that recently 20 local journalists were invited to cover the conflict, but for reasons they were never told, were never actually able to leave Cabo Delgado’s capital and largest city, Pemba.

But even if they were able to report, the government has made it clear that they will not make it easy. On 11 April, on the ‘Day of the Mozambican Journalist’, even though his general rhetoric has been about free press, President Felipe Nyusi sent a document to O Pais, saying, journalists must report with “rigour, professionalism and patriotism”. He said “the Mozambican journalist should not be a reproducer of wishes contrary to our unity.” And he followed this in May saying that journalists have to be “disciplined”: “To have discipline is to report only the truth, to combat fake news and not to incite violence and hatred.”

This is not freedom. This is a threat. This is saying that journalists have the ‘freedom’ to write or to film or to record for radio, as long as this is in aligned with the state’s narrative. Or else.

The public media and many international journalists are reporting on the violence in the province as only a humanitarian issue created by violence caused by insurgents, and not on how many of these refugees were actually already displaced from their villages, and had lost everything, because of the Afungi Liquid Natural Gas (LNG) Park that Total is building to house the support facilities for the industry. Reporting in this way allows the gas industry off the hook for the part they have played in this humanitarian crisis and conflict, including how Total has left the displaced communities who were relying on them for compensation and aid with nothing as they pulled out of the country when claiming force majeure.

International journalists are protected by having foreign passports. But who is protecting local journalists from non-state outlets, like Ibrahimo, or like Amade Abubacar from the Nacedje Community Radio who was arrested, tortured and held without charge for 3 months in 2019 after interviewing a group of displaced people? Or the journalists of Canal de Moçambique whose office was bombed in 2020 after exposing corruption between the government and gas companies?

In April 2020, Reporters Without Borders and 16 other press freedom organisations wrote an open letter to President Filipe Nyusi, who ignored it, just like the military and relevant government officials did not even bother to respond, and the police treated it like a joke. On 8 June 2020, Ibrahimo’s brother contacted the local police to inform them that he had called Ibrahimo’s phone and it rang. He reported it to the public investigators responsible for finding him, the National Agency for Criminal Investigations. They promised they would look into it, but since then there has been silence.

But we must not stop fighting!

In January, the African Union (AU) launched the Digital Platform for Safety of Journalists in Africa. At the launch, South African President Cyril Ramaphosa, who was AU chairperson at the time said: Media freedom “requires that we rigorously defend the right of journalists to do their work, to write, to publish, and to also broadcast what they like, even if we disagree with some or all of it.. The digital platform for the safety of journalists in Africa is an important tool in promoting the safety of journalists and other media workers across Africa.”

Now they must put their money where their mouth is, by holding the Mozambican government accountable for its violent media oppression and pressurise it to stop, and they must recognise how part of this oppression is to protect the gas industry. The platform was supported by the United Nations, and both they and the AU have the responsibility to find out what has happened to Ibrahimo, and must use their power to do so.

It is clear that Mozambican journalists cannot rely on their state for their protection – the very people who are obliged to protect them, but sadly are reliant rather on non-governmental organisations and media groups – both international, and local, who themselves are putting their safety on the line just by speaking out. When journalists are told they need to report with “patriotism” and “discipline”, it is clear that, just as history has shown, they cannot know that they are safe. They cannot know their colleagues will not be arrested and tortured or that their offices won’t be attacked. They cannot know that they, too, will not disappear and be another Ibrahimo.

We must not stop pushing to find out, where is Ibrahimo?

Tagged climate, exploration, Human rights, mozambique, poverty

Aug 21 2021

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Activism, african corruption, climate change, Climate crises, Dismantle Corporate Power, Flight against corporate power, fossil fuels, gas, gas industry, Human rights, No to Gas

JA! at the AGMs, 2021

Our Say No to Gas! In Mozambique Campaign has many elements, but one of the crucial ones is confronting fossil fuel criminals involved in Mozambique’s gas industry, about the destruction, violence and devastation they have caused in Cabo Delgado province.

One way of challenging them and making demands for them to leave and stop their involvement in Mozambique gas, is attending Annual General Meetings (AGM) of several large international players in the Mozambique gas industry, which this year we did for the fourth year running. Attending these AGMs is a way to force the highest level decision-makers in these companies to hear our voices and the voices of the people whose lives they are devastating, to demand information and call them out on their crimes against the climate and peoples in a large public forum that includes their shareholders and employees. It is a way to prevent them from saying “we didn’t know” about the impacts – even though taking active measures to identify potential risks of human rights violations is part of their responsibilities. There is often media at the AGMs of the large companies, giving us another opportunity to bring to the international public the issue of Mozambique gas and the violence and destruction being perpetrated by those who profit from it tremendously.

With the Covid-19 pandemic still raging, most of the AGMs were held online.

The AGMs we attended were of Eni (Italy) which is co-leading the Coral Liquid Natural gas project with ExxonMobil; Total (France) which is leading the Mozambique LNG Project; Shell (Netherlands), who was previously involved; Standard Bank (South Africa), one of the major financiers; and HSBC (UK), another massive financier. While there are some questions specific to each company, many of them are standard. This is because, while Eni, Total and ExxonMobil may be the companies leading the actual gas extraction and responsible for constructing the offshore and onshore facilities, every player involved in the Mozambique gas industry is to some degree responsible for the negative human rights, climate, environmental and socio-economic violations and impacts it has created. Companies and governments involved often try to wriggle out of their responsibilities and accountability by claiming that they are not ‘directly’ responsible for the impacts. This is utter nonsense – without financiers, contractors or confirmed purchasers, the Mozambique gas industry would not exist.

We demand to know why they continue to invest or operate in Cabo Delgado considering the horrific violence and conflict that has been taking place for years between insurgents, the military and private security companies, in which thousands of civilians have been killed and over 800 000 people displaced. We want them to recognise that they have directly created suffering and deeper impoverishment for the communities affected by the project, who have lost their homes and livelihoods, and received no decent jobs; and we ask what is their plan to make reparations. We want them to provide transparent information, something lacking in an industry which is so opaque and secretive.

Eni insists they are ‘providing support to the basic needs of local populations’, even when we tell them that the only jobs Mozambicans have received have been menial and unskilled. They say that a mere 370 permanent jobs will be available in total over the life cycle of the Coral LNG project, although they don’t say if these will actually go to Mozambicans.

All companies refuse to see a link between the gas industry and the violence, with Eni even saying they see no risk whatsoever, and denying any human rights violation by the military, even though this had been exposed in mainstream media and international human rights organisations’ reports.

Total, which claimed force majeure in April 2021 due to the violence, putting the Mozambique LNG project on hold indefinitely, made the contradictory remark that the safety and well-being of communities was a priority, but at the same time, “our mission is to protect the interests of Total’s shareholders and our partners”. These are obviously mutually exclusive, as continuing with the project will only continue the violence and dispossession that communities are facing. While they insist that the Mozambique LNG project has not been “abandoned”, they put the responsibility of the impacts on communities solely on the Mozambican government.

Standard Bank also believes that their investments are not at risk because of the violence. Even as people in Cabo Delgado are being killed every week, they carry on with business as usual, as though the militarisation and its accompanying human rights violations creating refugees and forcing displacement, do not matter to them at all. Clearly, even though they use an undisclosed “consortium” of civil society organisations in Cabo Delgado to do “monitoring”, the lives of the rural affected peoples means nothing to them.

HSBC on the other hand, just refused to answer the questions, except to say they cannot talk about private clients and very few jobs will go to Mozambicans because of the project’s “advanced technical requirements”.

Company AGMs can be very frustrating events. Directors often dodge questions or answer them insufficiently on purpose, or just pretend they didn’t hear them at all. But this year, as with most, these experiences and actions are more than confronting fossil fuel companies and financiers, they also strengthen civil society’s collective struggle against fossil fuels and the impunity of transnational corporations.

We use these as opportunities to work with other regional and international organisations and movements who are fighting against the same company or projects for crimes they are committing in the different countries. As partners, we support each other in asking questions, gaining access, publicising on social media and holding protests, and use the opportunity to exchange with each other about the different ways we are campaigning against the same culprits. When we attend as a group, our presence is powerful. As a team, we have more numbers and confidence in our actions inside and outside AGMs, more access to media and more impact if we choose to cause any disruption. If these companies do not want to take the time to talk to us and our comrades, this is a way for us to force them to listen. The strongest outcome of attending AGMs is that we are saying clearly, with a collective voice ‘we are watching you and we are not going away’, while we demand that they leave and stop their profit-mongering activities that are killing peoples and the planet.

Tagged climate change, Dirty Energy, fossil fuels

Apr 08 2021

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Activism, african corruption, climate change, Crime, Flight against corporate power, fossil fuels, gas, gas industry, Human rights, No to Gas, Responsibility and Justice

The Despair of the people of Cabo Delgado

A week after the insurgents attacked the district headquarters of Palma, the people of that district continue to arrive in Pemba city, with faces full of fear, sadness and, above all, uncertainty. Although about 9000 displaced people have been accounted for so far, there is information coming from those same displaced people, and also confirmed by the Ministry of National Defense, that there are still people hiding in the fields.

The displaced persons tell how it was on 24 March, a date that will never be erased from their memories. Reports say that rumours had been circulating since the morning of that Wednesday that the Al-Shabaab were going to attack the district. But it was not taken into account because of previous rumours circulating in that district two weeks before the attack, which said that the insurgents were in the fields near the village preparing for an attack. The frequent shootings that already characterised the daily life in the village of Palma, also contributed to these rumours falling into disregard on the part of some people. On the other hand, people placed trust in the Defense and Security Forces (FDS) of Mozambique that seemed to have a heavy presence in Palma.

However, according to reports from the displaced people who actually experienced the attack, at around 4pm the attack began in the village of Maʼguna, 800 meters from the village of Palma, when most of the population of that village fleeing the armed confrontation in Ma’guna, came into Palma. Two shoot-outs started simultaneously in the Quibuidi neighborhood, via Nhica do Rovuma and at the Aerodrome of Palma. At that time, everyone abandoned their homes and possessions and ran for their lives in an uncontrolled way. The insurgents appeared from different parts, and since they use a uniform identical to that worn by our Defense and Security Forces, the only thing that differentiates them are the scarves tied to their heads and their bare feet. It was clearly noted that their initial intention was to destroy the government infrastructure. The only safe area to escape was to the sides of Palma beach but at some point, certain points on the beach also became unsafe.

We heard moving and frightening stories from those who lived that Wednesday under fire and the days that followed. There were several kilometres walked on foot and under fire, with fear, hunger and thirst. Mothers ran carrying their young children on their backs. One of these children was hit by a stray bullet, but luckily it entered the buttock and lodged in the leg. That is the little one, Cadir Fazil, 1 year and 2 months old, born on February 21, 2020.

On Monday, 29 March, due to the fact that the baby was wounded, his mother and aunt were given priority on one of UNHCR’s humanitarian flights and were treated urgently at the provincial hospital in Pemba. There have been situations of despair of men refusing to board humanitarian flights and ships because they were unable to locate their wives and children or any other member of their family; children begging for their parents’ lives and yet, being forced to witness their cruel murders. In spite of all this climate of terror, the class difference did not cease to prevail among the victims of Palma. At the Amarula hotel, where government officials and some foreigners took refuge, a helicopter landed twice, the first time to evacuate the district administrator and the second time to evacuate the owner of the Hotel, leaving behind the various people who only had the option of joining the caravan, which was unfortunately ambushed along the way.

The Quiwia and Quirinde forests are still home to people who struggle for their lives because of hunger and thirst. Every day we received unclear information about events in Palma, as the total break in communications remains in that district still, and it may remain so until the crossfire between insurgents and the military ceases.

After several complaints about the silence of the President of the Republic, he took the opportunity to comment on the matter, at the launch of one of the headquarters of the National Social Security Institute (INSS) in the southern district of Matutuíne, Maputo province, where he made a brief mention of what happened in Palma in a simplistic way, and minimised what happened. From the speech made by His Excellency, the President of the Republic, two questions arose. Firstly, for having stated that there have been worse attacks to Palma and that it was not even very intense, the following two questions remain:

– What was the worst attack that has occurred from 2017 until today?

– Why after the worst attack took place, were there not measures taken to prevent a new attack from occurring?

Another statement by the President that drew attention was when he said that we should not lose focus, that Mozambicans should not be “disturbed”. However, it is revolting to hear this when, in one week, about 9000 people were evacuated from Palma by land, air and sea, many of whom do not know how they will survive, since they have abandoned everything they had in their village of Palma.

– What should these people now be focusing on?

– Is it wrong for these displaced people to be disturbed, after having to focus only on surviving?

We must not forget that there are already about 300,000 displaced people living in transition reception centres and resettlement centres so far.

The first displaced persons of this war are being resettled practically permanently in the surrounding districts of the city of Pemba and now with the attack on Vila de Palma, many more arrive, although proper conditions are still not created for the displaced people of Macomia, Quissanga, Mocimboa da Praia and Muidumbe. Should we not be disturbed when we have no answers for the hundreds of people who arrive in Pemba and other parts of the country, coming from the attacked districts without even knowing if they will ever be able to return?

Should we be undaunted and serene in the face of the massacres that we have been experiencing since 2017?

So, Mr. President, since 2017, we have been ‘disturbed’, since 2017 we have howled and called for an end to the attacks and demanded that concrete measures must be taken, but because perhaps Mr. president has a different focus than ours, so tell us, in desperate situations like this, what should we do to not lose focus?

Tagged Cabo Delgado, Dirty Energy, gasmozambique, mozambique

Oct 29 2020

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Activism, african corruption, Climate crises, Energy and Society, Flight against corporate power, From the Field, Human rights, justice, Responsibility and Justice

PRESS RELEASE

Historic process continues at the UN: States resume substantive negotiations on the text for a binding treaty on transnational corporations with respect to human rights

28 October 2020, Geneva:

Amidst the challenges of the Covid-19 pandemic, the United Nations (UN) Open Ended Inter-governmental Working Group (OEIGWG) enters its sixth round of negotiations on a treaty on “transnational corporations and other business enterprises with respect to human rights,”¹ from 26 -30 October. UN member states will negotiate a second revised draft of this groundbreaking treaty, which aims to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations.

Interest in the process continues to grow as evidenced by the significant presence of UN member state delegates taking part in negotiations.

The Global Interparliamentarian Network (GIN) has issued a statement in support of the UN Binding Treaty urging “states to actively engage in this UN process and to work towards an effective and legally binding instrument, to ensure that people´s dignity enshrined by universal political, economic, social and cultural rights, is prioritised and guaranteed worldwide over private profits.”²

Mayors and City Council Members of cities including Barcelona, Strasbourg and, Paris have issued a call to local authorities around the world to support the UN Binding Treaty on Transnational Corporations and Human Rights.³

The continued presence each year since 2015 – the start of this process – of hundreds of representatives from affected communities, civil society organisations, trade unions and social movements makes it one of the most strongly supported in the story of the OEIGWG. This year, however, due to COVID19 restrictions, physical presence in Geneva is limited, although remote participation has been enabled through various online platforms. In this context, the Global Campaign to Reclaim Peoples Sovereignty, Dismantle Corporate Power and Stop Impunity (Global Campaign)⁴ together with the GIN hosted a virtual Press Conference (full recording here) with high level political and civil society actors.

Leïla Chaibi, Member of the European Parliament, France insoumise (GUE/NGL) remarked :

“Today there is no Binding International Treaty that protects people, but there are treaties that protect the investments of large corporations. Thanks to initiatives such as the Toxic Tour, I was able to see how these companies destroy health and communities in Mexico. The EU has had no problem signing free trade agreements with third countries and this is deeply unfair. Along with many of my deputies, we continue to ask that we cannot put ourselves in the sidelines in the face of these human rights violations by transnational corporations.”

Charles Santiago. Member of the Malaysian Parliament. Chairperson of ASEAN Parliamentarians for Human Rights stated:

“At present, 43 million people have been infected by the Corona virus and more than one million have died. It is a catastrophe. Developing a Covid-19 vaccine is critical and has to be a global public good. Prices and profits need to be regulated. Intellectual Property Rights (IPR) provisions in the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement need to be suspended to allow patent production of generic and bio similar products.

Transnational corporations (TNCs) and rich countries are refusing to suspend IPR provisions because, they claim, it would undermine patent protection. A global mechanism must be developed to regulate big pharmaceuticals on prices, profits and IPR. Transnational corporations’ ‘business as usual approach’ which prioritises profit during a global pandemic is not politically sustainable. The UN Binding Treaty is the best place to reset and enhance accountability of TNCs.”

Dr. Manoela Carneiro Roland. HOMA’s Coordinator (Human Rights and Business Center) Prof Federal University of Juiz de Fora, Brazil stated:

“We must regulate transnational corporations. This implies establishing direct obligations for them. Transnational companies already have rights established in the 3,000 plus signed investment agreements. We need to transform the paradigm of due diligence because it is a framework that erroneously leaves the task of self-monitoring to companies. We must establish effective control mechanisms, such as an International Court that has competence to judge transnational companies.”

Keamogetswe Seipato. Coordinator of the Southern African Campaign to Dismantle Corporate Power. Alternative Information & Development Center (AIDC), South Africa. claimed:

“We have to reduce or limit the power of companies. The African continent is a breeding ground for human rights violations. The primacy of human rights must be respected. It is a question of underlining the need for companies to be accountable because they cannot come to our countries to expand and neglect the main Human Rights Conventions. We must remember that the UN Binding Treaty must be a mechanism to help communities access redress for human rights violations – one that provides both the assistance and support affected people need.”

(1) This mandate is a result of resolution 26/9 adopted by the Human Rights Council in 2014. Official page: https://www.ohchr.org/en/

(2) ^{Global Interparliamentarian Network in support of the UN Binding Treaty is formed by more than 300 members of parliaments from all over the world.}^{https://bindingtreaty.org}

(3) https://bindingtreaty.org/

Jun 16 2020

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Activism, Africa Renewable Energy Initiative, african corruption, climate change, Climate crises, COVID-19 pandemic to Cabo Delgado province,, Crime, Dismantle Corporate Power, fossil fuels, gas, gas industry, Human rights, justice, land-grabbing, No to Gas

REPORT RELEASE

Gas in Mozambique: A Windfall for the Industry, a Curse for the Country

Today JA!, Friends of the Earth France and Friends of the Earth International have released a report which exposes deep French involvement in the gas industry in Mozambique. The report, entitled Gas in Mozambique: A Windfall for the Industry, a Curse for the Country, details how the French government, its banks and corporations are part of a web of state corruption, arms deals, human rights violations and economic diplomacy, all in the interests of a $60 billion industry that has left destruction in its wake before a single drop of liquid natural gas has even been extracted.

The report shows how the French State, major private banks including BNP Paribas, Société Générale and Crédit Agricole, and fossil fuel giant Total, are some of the greatest beneficiaries of the devastating impacts of the industry in the northern province of Cabo Delgado.

JA! works closely with local communities directly facing these impacts on a daily basis. We have seen entire villages uprooted from their homes, fisherpeople moved many kilometres from the coast, and their struggle and heartbreak at losing the land and sea that has been their livelihood for generations.

We have been present with them as they try to speak up in meetings where Total brings the news of their coming difficulties and losses, but have their voices suppressed. They have told us of their nightmarish fear of insurgents who have terrorised the region with violent and fatal attacks, and of the heavy-handedness of the military that has been deployed to protect the industry.

The report includes detailed and up-to-date information from the ground, and divulges the depths to which the French public authorities have gone to ensure their economy, bankers, fossil fuel and arms industry are the greatest profiteers of the gas exploitation, even it it means devastation of the local environment, lives, economy and climate.

With this report, JA!, Friends of the Earth France and Friends of the Earth International call for the French state, banks and fossil fuel companies to withdraw from their involvement in Mozambique, stop the country’s dependence on fossil fuels and cease corrupt diplomatic dealings which are leaving the Mozambican people, and the planet, in a state of hardship and chaos.

“France is determined to ensure that this gas windfall benefits first and foremost its own transnational corporations, even if this means sowing chaos for Mozambique and setting off a climate bomb equivalent to seven times France’s annual greenhouse gas emissions. Neither the French government, nor Total and its bankers, seem concerned about the impacts this will have in fuelling climate crisis, local conflict, corruption and human rights violations.”— Cécile Marchand, Climate and Corporate Justice Campaigner at Friends of the Earth France

“The fossil fuel industry is peddling a lie that gas can be part of the clean energy transition. In reality, this so-called transition in Mozambique has meant a shift from freedom to human rights violations, from peace to conflict, from communities living well through farming and fishing to starving populations deprived of their livelihoods. The gas rush, which is exacerbating the climate crisis and benefiting only transnational corporations and corrupt elites, must stop.”— Anabela Lemos, Director of Justiça Ambiental (JA!)/Friends of the Earth Mozambique

LINKS TO THE REPORT

English Executive Summary: https://www.foei.org/resources/gas-mozambique-france-report

Relatório Português: https://www.foei.org/wp-content/uploads/2020/06/Gas-Mocambique_Portuguese.pdf

French report: https://www.foei.org/wp-content/uploads/2020/06/De-l-eldorado-gazier-au-chaos_Gas-au-Mozambique_Amis-de-la-terre_rapport_FR.pdf

For enquiries

For press enquiries, please contact:

Cécile Marchand, Friends of the Earth France, cecile.marchand@amisdelaterre., +33(0)669977456

Daniel Ribeiro, Justiça Ambiental, daniel.ja.mz@gmail.com, +258842026243

Friends of the Earth International, press@foei.org

May 08 2020

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AGM of Galp Energia, artivism, climate change, Climate crises, Climatic Change and Resilience, Climaximo, COVID-19 pandemic to Cabo Delgado province,, Crime, Dismantle Corporate Power, dismantle Galp, Energy and Society, Flight against corporate power, Galp Must Fall, gas, gas industry, Greve Climática Estudantil., Human rights, land grabbing, Land Use and Conservation, No to Gas, plantations, Uncategorized

Galp Must Fall!

galp

JA!’s friends in Portugal contest the AGM of Galp Energia, part of the destructive gas industry in Cabo Delgado

Cabo Delgado, the northernmost province of Mozambique is being ripped apart by the gas industry. Companies like Galp, who are part of the industry are taking homes, land and livelihoods from people who have lived, farmed and fished there for generations. And now, the gas industry has brought the disastrous COVID-19 pandemic to Cabo Delgado province, in Mozambique, and it is the people, and surrounding communities who will suffer.

Last week, Portuguese company Galp Energia held its Annual General Meeting (AGM), and JA!’s friends in Portugal created a tremendous online direct action that brought over 400 people together. This is just the beginning of what will clearly be a fierce and powerful fight: Galp Must Fall!

JA! is part of the No to Gas campaign! in Mozambique campaign that is targeting Galp as one of the companies involved in the devastating liquid natural gas industry in Cabo Delgado in the north of Mozambique, where multinational fossil fuel giants like Eni, Exxon and Total are committing human rights and environmental violations, and irreversibly damaging the climate to extract gas. Galp owns 10% of Coral LNG, one of these projects.

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The action was created by Climaximo, a Lisbon-based organisation working on climate justice, just transition and energy democracy; 2degrees artivism, a Lisbon-based artivist collective; and Greve Climática Estudantil, Portugal’s Fridays for Future hub. JA! Has been working closely with Climaximo leading up to this action.

As part of Galp Must Fall, three Climaximo activists took part in the AGM and asked questions directly to the board of executives. And while this was happening, more than 400 people were watching a live show with real-time concerts, talks and an online demonstration.

Sinan Eden, a Climaximo activist and one organiser of the action, said “Galp Must Fall is an action that had various elements. It was online and offline, inside and outside the AGM, in connection with national and international struggles, with activist and artivist elements.

We consider Galp’s AGM as a crime scene and the global fossil fuel industry as international organized crime against humanity. So our approach was to denounce the social and climate injustices of Galp in all spaces available.”

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This year, like most AGM’s around the world, the COVID-19 pandemic lockdown meant that the AGM was virtual, and shareholders had to stream in. This meant that the CEO or Chairman could cut off a shareholder with a click of a button, so the activists had to ask very succinct questions. The three activists who attended had to submit questions in writing, which the board then screened before asking it to the CEO.

Sinan points out that, “In Portugal, the tactics of entering in AGMs was nonexistent so far in the social movements in general. Climáximo’s theory of change informs us that a dialogue with the industry would not produce real solutions, so our approach inside the AGM was more contesting and denouncing than debating.”

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Activists inside the AGM:

The Climaximo activists asked questions (they should have been four, but Galp blocked the fourth at the last minute claiming some administrative issues). They submitted 15 questions, mostly about Mozambique, which JA! Had worked with them on. They received 5 responses from the board, which were very evasive and vague, repeating the usual rhetoric about Galp’s commitment to economic development in Mozambique, as they claim to do in every country in the global South where they have projects.

One of the activists who was part of the AGM, Manuel Araujo, described his experience at the AGM: “We asked about the ongoing climate crisis and their criminal business model of resource and social extractivism, which they answered by repeating their commitment to natural gas as a transition fuel, even though it is known to be a major source of GHG emissions. Predictably, they had no comment on the compatibility of their planned 50% increase in fossil fuel extraction over the next ten years with the emissions goals set in the Paris agreement.”

Manuel says the CEO, Carlos Gomes da Silva, made a particularly absurd argument, comparing the hypothetical emissions cuts obtained by replacing every car by an electric car (3.5%) with those obtained by replacing coal with gas in electricity generation (15%), as if these were the only two alternatives on the table.

They also asked what is usually the most uncomfortable question for executives – Why does the board and other top level executives earn absurdly high salaries and why do shareholders receive a ridiculous € 580 million, when this money could be better spent on a program of just transition for the company’s workers.

In 2019, da Silva received € 1.8 million in remuneration. The salaries to the board in total was € 6.6 million, half of which were bonuses.

Manuel says: “We got only evasive answers, but it was worth it to hear the President of the GM Board ask the Company Secretary what makes it legitimate for the CEO of Galp to earn 197 times the minimum wage.”

Ines Teles, who also asked a question, took this away from her experience: “During the AGM, the management of Galp revealed once again their profound disregard for questions related to climate and social justice. They are unable to see past the profits they reap from the sea of destruction they cause, proudly distributing their dividends amongst themselves.”

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Galp Must Fall Live

While this was happening, “outside” the AGM, 400 people took part in the other component of the Galp Must Fall direct action, which included a twitter storm, live interviews with activists, including from JA!, an online demonstration, and the shareholder questions also streamed live.

Part of this action was Galp Must Fall Live – a live show, via instagram, convening emergent artists and long-standing activists from countries that Galp is co2lonizing: Mozambique, Brazil, Guinea-Bissau and Cape Verde.

The organization of this live event was made possible by 2degrees artivism, and Greve Climática Estudantil.

Diogo Silva, one of the organisers of the action from 2degrees artivism, and believes that art is crucial for revolution says: “This event marked a lot of firsts in Portugal: the first time Portuguese activists stormed Galp shareholder meeting; the first direct action involving mostly online means; the first fully-online live artivist action; and the first online demonstration.”

From here on, our goal as an artivist community based in Portugal is to build stronger links, to empower each-other and to mobilize a new generation of artivism for climate justice. Another world is possible and it’s not our revolution if art is not involved”.

This action and this year’s AGM was the first that the No to Gas! Campaign and JA! Has confronted Galp and built awareness specifically about this company. The amount of attention and support that Galp Must Fall received was very inspiring, the social media following was great, this was is a strong beginning to what is clearly going to be a powerful collective campaign. Next year will be even stronger.

We will certainly be updating all of you, our friends on what comes next in the Galp Must Fall campaign.

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Sinan says: “I’d like to be clear about one thing: We must dismantle Galp, because if it instead collapses, we all will be underneath its ruins. Galp must be dismantled by a democratic, planned and deliberate process. A rapid and just transition and climate justice based on global solidarity are only possible through a publicly owned, democratically controlled, 100% renewable energy sector.”

And lastly, some words from Daniel Ribeiro, of JA!:

“Galp is planning to make millions in Mozambique, at the cost of grabbing land from peasant communities and sea access of fisherfolk, loss of their livelihoods, human rights abuses and conflict. Galp’s investment is also serving as an amplifier of the country’s corruption, injustices and even assassinations of activists and journalists. Galp must stop, Galp must fall, if they do not want the blood of those crimes on their hands. They must start putting people before profits.”

For more info on the Galp Must Fall campaign:

https://galpmustfall.climaximo.pt/galp-tem-de-cair/galp-must-fall/

Tagged artivism, Climaximo, Galp Must Fall, No to Gas

May 01 2020

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african corruption, Binding Treaty, Climatic Change and Resilience, Dismantle Corporate Power, Flight against corporate power, Human rights, justice, land grabbing, Land Use and Conservation, land-grabbing, Responsibility and Justice, Uncategorized

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

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.

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

Tagged Activismo, agribusiness, agriculture, biodiversity, cabo-delgado, climate, exploration, Human rights, JA, Maputo, poverty, privacy, resources, rural development

Dec 13 2019

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Activism, african corruption, Crime, Dismantle Corporate Power, Human rights, justice, land grabbing, Responsibility and Justice, Uncategorized

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

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.

P1250040

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

JA4change

"Only after the last tree has been cut down, Only after the last river has been poisoned, Only after the last fish has been caught, Only then will you find that money cannot be eaten." Cree Indian Prophecy

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

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

"Only after the last tree has been cut down, Only after the last river has been poisoned, Only after the last fish has been caught, Only then will you find that money cannot be eaten." Cree Indian Prophecy

Category Archives: Human rights

VALE’s poisoned gift to Mozambique

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Historic process continues at the UN: States resume substantive negotiations on the text for a binding treaty on transnational corporations with respect to human rights

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