Category Archives: Responsibility and Justice

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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Why should Africa lead the fight against corporate power?

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After a brutal colonialism that lasted for tens of centuries, in recent decades Africa has become a stage for an intense land and resource grabbing carried out by the lethal alliance between large transnational corporations (TNC’s) and the political elites of the continent.

Thanks to it’s economic power – anchored in the political power of governments, elites, and financial institutions of the global North – TNCs have been able to shape markets, governments, communications and legislation to suit their interests. These corporations are already more powerful than many States and, in fact, out of the 100 largest economies on the planet, 69 are companies and only 31 are States!

Discussing the power and the impunity of large corporations is particularly important to our African context due to a number of factors:

First, because the corporate capture (or should we call it recolonisation?) of our governments by large TNCs of the global north is currently one of the main threats to our sovereignty. Often made possible by the policies of institutions such as the World Bank or the International Monetary Fund (and their structural adjustment programs, austerity measures, and other neoliberal packages), this promiscuity between African rulers and TNCs results in very high costs for the environment, for the majority of the population and for our young and fragile democracies. A neo-colonialist dynamic prevails in Africa, as we continue to observe the same mechanisms of dependence on foreign capital, exportation of raw materials and importation of manufactured goods between African countries and industrialized countries + new emerging powers. Understanding the ways and means used by TNCs to interfere with and undermine the political agenda of African countries is, therefore, critical to understanding the broad phenomenon that is the corporate capture of our decision-making spaces.

Secondly, Africa’s historical, social, cultural and economic contexts make the impacts of corporate power in the continent particularly acute. In a continent where the vast majority of the population is rural (about 70%), and where small-scale farmers produce up to 80% of all the food, the land and resource grabbing by TNCs is a threat to our food sovereignty, to our traditional and millennial knowledge and customs, and a severe attack on the human dignity of millions of people already in vulnerable situations. Africa’s traditional rural populations are both mutually dependent and protective of nature. Numerous studies show that traditional practices and knowledge are most effective for protecting and restoring the environment while, in contrast, industrialized agriculture and extractivism are having an overwhelming impact on our rivers, forests and ecosystems. In the agricultural sector, foreign donors are exerting enormous pressure to try to convert Africa’s predominant family farming model into profit opportunities for the global agri-business sector.

Furthermore, as we examine the continent’s circumstances, it is essential to take a close look at the intrinsic dynamics of oppression and exploitation of certain social groups by others. In particular, patriarchy and gender oppression, which are well rooted in the social dynamics of most African countries, are a constant impediment to achieving a just and egalitarian society. It is in patriarchy that neoliberal capitalism finds fertile ground to proliferate as it feeds on and depends on these power imbalances within a society. A gender-based division of labor that makes women –particularly those of lower class – free providers of a variety of care services (for children, the elderly and the sick), is a convenient tool for the extractive economy.

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Thirdly, the climate crisis we are experiencing reminds us that in order to solve the greatest challenges of our time we need to address the structural and systemic causes behind these crises. It was the northern industrialized countries that, in their race for development, emitted the most CO2 into the atmosphere – the great catalyst for climate change. However, this crisis’ greatest injustice lies in the fact that the peoples of the global South (therefore those who have contributed the least to it) are the first to suffer its impacts, and those who will be hit the hardest.

In Africa, the climate crisis is not a problem of the future – it is happening now, in a brutal, oppressive and highly unequal manner. It is therefore crucial that African civil society demand that their governments be aligned with the real needs of their people, not with the unlimited greed of corporations profiting from the exploitation and burning of fossil fuels. This greed is fundamentally incompatible with the search for real, fair and inclusive solutions to this crisis.

And fourthly, we urgently need to deconstruct the narrative that Africa is a poor continent in need of help – a narrative that greatly benefits the maintenance of a North-South dependency status quo. This dangerous, long repeated and commonly accepted premise both inside and outside the continent, paves the way for all sorts of “market solutions” as corporations are seen as the major promoters of progress and development. Africa is not poor – it is a rich continent whose wealth has been historically assaulted by the great imperialist and colonialist powers, century after century. Recent studies indicate that illicit financial outflows from the continent total US$50 billion each year, a figure that has been growing since the beginning of the century. This is far more than the total of foreign aid that the continent received during that same period!

This capital flight can take many forms, from product or human trafficking, to tax evasion or price transfer, among others. This means that an absurd amount of wealth generated in Africa is being diverted off the continent without a trace and, therefore, without being subject to taxation that could be used to improve social infrastructure and the living conditions of the population.

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In general, the expansion of capitalism, especially in its neoliberal form, brought about an exacerbation of social inequalities and the deepened exploitation of certain social classes by others. Despite claims that globalization and free trade would be the solution to all problems, we are witnessing the exact opposite: the architecture of free trade is intrinsically contradictory to human rights legislation as it seeks to erode and weaken the role of the State – which by definition is primarily responsible for the promotion and protection of human and peoples’ rights.

However, important movements have emerged as a counteroffensive to the supremacy of corporate power on the global stage, in a more or less articulate manner. Several organisations and social movements around the world have been denouncing and exposing the impacts of corporate encroachment on their territories, bringing criminal corporations to court, resisting free trade agreements, creating more just and egalitarian cities and societies, defending the right to say NO to destructive projects, and showing that the solutions to the crises we are experiencing cannot be built using the same logic of the market – they must come from collective constructions based on respect for human rights and nature.

An interesting response to this threat, posed by the power of capital, is the Global Campaign to Dismantle Corporate Power. The Global Campaign – a network of organisations, movements and people affected by TNCs – has mobilized itself massively to take part in the process of drafting an international treaty to regulate the activities of TNCs and hold them accountable for human rights violations and environmental destruction. This process has been taking place at the United Nations (UN) and we have already written about it in various occasions.1

At this point, what is worth noting is that, at the last negotiating session over the text of this binding instrument, in October 2019, the African region has established itself even more sturdily as a driving force in this process. In addition to expressing itself as a regional union in support of the treaty (the declaration of the region was read by Angola, which chairs the African group this year), numerous African States have individually contributed with concrete and substantial proposals to improve the treaty and strengthen the instrument.

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For all the reasons explained above and many more, the African continent should be more than keen to push for a normative instrument such as this, aimed at ending the impunity of TNCs. One thing is certain, the message that African countries have been reverberating year after year at the UN in Geneva is clear: this binding international instrument must address the enormous asymmetries of power between TNCs and the people affected by their activities. In order for the materialization of this process to meet the needs of Southern countries – those most affected by corporate impunity – it is crucial that these countries take the reins of this intergovernmental process in order to establish the necessary legislation and mechanisms to reverse the current scenario, and that they do so in close cooperation with civil society and the populations affected by corporate crimes. In this last session, perhaps even more so than in previous ones, several African countries showed they were up to the task and willing to face the challenge.

Are the so-called developed countries prepared to provide the “foreign aid” that Africa really needs, and to punish their corporations for human rights violations worldwide?

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!”

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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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!

JA! Visit finds confusion and distrust in Cabo Delgado gas region

DSCF2153When JA! team visited Pemba at the end of February, 2019, the biggest city in Cabo Delgado province, to learn about the current situation of the ‘gas rush’ in northern Mozambique, it quickly became apparent to us that there is very little clarity and transparency about what is actually happening in the gas industry. Attacks on communities, land grabs, the stage of the companies’ operations, and even which companies are involved, have left people uncertain and confused.

 

The industry is constantly changing, with one example at the time being the pending takeover of US company Anadarko, which is the leader of one of the two major projects since it first ‘discovered’ gas in the Rovuma Basin in 2010. Just two weeks ago, Chevron put in a bit to purchase Anadarko for $ 33 billion, and a mere few days later, Occidental Petroleum tried to outbid them with $ 38 billion.

This has huge implications – communities who have been in communication with Anadarko about resettlement and compensation, or already signed agreements with them, the government’s financial agreements with Anadarko and investments in the project – these will all need to change, and more frighteningly, nobody knows how they will change.

 

Furthermore, the stages of the gas projects are constantly changing, new contractors come in and new deals are signed in the blink of eye. The official information out there is that In 2006, 10 trillion cubic feet of natural gas was discovered in the Rovuma Basin off the coast of northern Mozambique. There are two concession areas that the Mozambique government has already given the rights away to:

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Area 1, the location of the Mozambique LNG Project, which was led by Anadarko, but will now be led by Chevron and Occidental Petroleum, and Area 4, the location of the Coral LNG Project that is lead by Eni and Exxon.*

And both projects have secured purchasers which ultimately has given them the financial green light to operate.

 

Over the last year, there have been many violent attacks on villages in the gas region, and there are different theories about who is responsible and who benefits from them. Due to these attacks, on this trip the JA! Team was unable to travel to the communities with which we work near Palma.

Instead, our focal point that we work with closely, arranged to bring two community members to meet us in Pemba instead.

 

Even though we were unable to travel to Palma during this visit, just meeting with people in Pemba – NGOs, activists and journalists – pointed us to an increasing number of issues arising. Basically, the more people we spoke to, the more people we realized we needed to speak to.

Two people from communities being affected by the industry, Crisanto Silva from Senga, and Burahani Adinane from Milamba, traveled six hours to tell us about the situation they are facing now.

 

Mr Burahani told us how his community left Milamba in February and are staying with family in Palma because they felt very unsafe, in constant fear of being attacked. He says that at the end of last year, Anadarko made an agreement with the community telling them what they would receive as compensation. They have not yet signed that agreement with the government, and Anadarko has not returned that agreement document to them as they said they would, so they are in a constant state of uncertainty and limbo.

 

He says that the compensation assessment process has been ridiculous – one way the company assesses someone’s land is by counting their belongings and compensating them financially for those goods.

 

People with 5 hectares (ha) of land are going to get only 1.5 ha in compensation,” he says. “I have 64 ha but will only get 1.5 ha!  The company did the measurement by counting the number of trees in the plot. I had 583 trees, but how do I fit that in 1 hectare?”

 

The fishing community is being moved 10 km inland, away from the sea, where it will be very difficult for them to get to their fishing grounds, which will also be the location of a new port construction project. And actually, people have lost access to the sea even before the process has been completed.

 

Now we will be resettled from the sea,” says Mr Burahani,and personally, i don’t know how to do anything but fish”.

 

Crisanto Silva, from Senga, which is the village that the removed communities will be resettled in, told us about the problem of the military in the area. Following the violent attacks on villages, mainly those around or in the gas region,  that have been taking place since October 2017, the government has brought the military, allegedly to protect the communities from the attackers. Nobody is sure about who is responsible for the attacks, but there are many theories going around. The official government line is that they are carried out by Muslim extremists, but many others believe that gas companies, or powerful people in government are responsible themselves.

 

However, Mr Crisanto says that the military who is supposed to be protecting them, instill fear in the community instead. They stand around drinking beer, says Mr Crisanto, and give the people of Senga a curfew of 8pm, and then beat up people who are out after that. “But the army is only in the village till midnight,” Mr Crisanto says, “which I don’t understand… We are too afraid to go to the fields but the army refuses to escort us, so we are left without food.”

 

Mr Crisanto also says that he knows the ecosystem will be completely destroyed, and the Anadarko and Exxon factories are right next to the port that will be built. The port will go 2km into the sea, and the excavation is disturbing the sea bed. This is really affecting fishing patterns and the amount of fish in the area.

 

After speaking with the community members, we held several other meetings that provided important information. One of the other urgent issues is that of media oppression – two community journalists from Cabo Delgado were imprisoned for a long time, with one, Amade Abubacar, detained from 5 January to 23 April 2019. While the official reason for his arrest is unclear, Amnesty International says the he was arrested for documenting deadly attacks by armed groups against civilians.

 

This has left the few journalists who are not following the mainstream government rhetoric in constant fear of their lives or of losing their credibility if they write or say anything which does not align with it. The journalists we spoke with insisted on speaking to us in our hotel room because even being seen with us would put them in danger.

 

We spoke with a few NGO’s, some of whom provided us with very interesting information. We learnt about the vast current issues with the resettlement process. For example, the areas where Anadarko plans to give people machambas (farmlands) is at high risk of attacks, and it is very difficult for civil society to physically go there to protect people from these attacks. Communities feel that monetary compensation is not enough, as it is their ancestral land that is being taken from them. When they have meetings with companies about the process, they are not given the space to ask questions, and when they hold meetings with civil society, the military appears to disrupt the meeting. Anadarko is also known to hold resettlement meetings with individual families, which is divisive, and there is growing hostility over who gets which machambas.

 

We also learnt that many areas in Cabo Delgado, including areas where people are given machambas, are actually not arable, because Portuguese colonizers used them to grow cotton plantations which utilized many chemicals and degraded the soils.

 

Another rather disturbing piece of information is that while we met several NGOs doing interesting work, there are very few in Cabo Delgado working on the gas issue that do not receive funding for some or other service from Anadarko. It raises questions of independence and transparency for us when NGOs receive money from the very companies they are supposed to be challenging.

 

After those few days we spent in Pemba, it became clear that things are changing very quickly – the presence of the companies and private security is growing, fear of attacks and military is increasing and people are already losing their homes and livelihoods. There is a sense of unease in the air – many people don’t want to talk, or if they do, are afraid to say anything openly against the government or industry.

 

There is no doubt that the need to stop the industry is urgent, as the devastation we are already seeing may be irreversible. We will continue to work closely with the affected communities, as part of a campaign that uses different approaches – local and international to stop gas in Mozambique!

Broken Lives,Stolen Futures. A short documentary made by JA! of the sad situation of the communities in Cabo Delgado, Mozambique, affected by the gas exploration..

 

Of Coral FLNG, ExxonMobil owns a 35.7 percent interest in Eni East Africa S.p.A. (to be renamed Mozambique Rovuma Venture S.p.A.), which holds a 70 percent interest in Area 4, and is co-owned with Eni (35.7 percent) and CNPC (28.6 percent). The remaining interests in Area 4 are held by Empresa Nacional de Hidrocarbonetos E.P. (10 percent), Kogas (10 percent) and Galp Energia (10 percent).


In Mozambique LNG, Anadarko (soon to be taken over by Chevron or Occidental Petroleum or?) leads the LNG project with a 26.5 percent ownership stake. Other owners include the Mozambique state energy company, 15 percent; Japan’s Mitsui Group, 20 percent; India’s ONGC Videsh, 16 percent; India’s Bharat, 10 percent; Thailand’s PTT Exploration and Production, 8.5 percent; and Oil India Ltd., 4 percent.

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Who benefits from gene drives as a modern biotechnology?

Article presented At CBD COP14 in Egypt 18.11.2018
by Kwami D. Kpondzo Campaigns officer / Les Amis de la Terre-Togo
Africa Regional Focal Point of Global Forest Coalition

The world is suffering because biodiversity is poorly protected and poorly preserved. The question remains, how do we plan to conserve biodiversity for a better life on earth? is it by traditional knowledge or by modern technology? Indeed, today, modern biotechnology is put forward as the solution to improve the life of human beings on earth. This technology invades the field of agriculture, forestry and the fishery with the aim of improving productivity. It is at the root of the destruction of biodiversity and the imbalance in the harmony of nature. In addition, the introduction of biotechnologies like genetically modified organisms (GMOs), synthetic biology and gene drives (digital sequence information technologies) have an impact on the livelihoods of communities. The GMOs were originally promoted with the claim that they would benefit people and biodiversity as well; but this is not the case. The example of failed BT cotton in India and Burkina are examples why we do not need this risky and failed technologies.

In India, the Andhra Pradesh Coalition, in its report titled “Did BT cotton still fail in Andhra Pradesh in 2003-2004?”, investigated the cases of 164 small-scale farmers in three districts of Andhra Pradesh between 2003 and 2004. The report states that BT cotton increased yields insignificantly and that overall profits of farmers growing BT cotton were reduced by 9%. In Africa, a COPAGEN report titled “BT Cotton and us – The Truth of Our Fields!”, published in April 29, 2017, draws a damning conclusion. It describes the consequences, in Burkina Faso, of genetically modified cotton cultivation developed by Monsanto. The peasant field research over a period of three years involving 203 cotton producers clearly showed that in the 2014-2015 and 2015-2016 cotton seasons, yields were lower than those of conventional cotton. These examples show the danger of the use of these modern biotechnologies in agriculture.

There is clearly a conflict of interest between the conservation of biodiversity and the use of genetically modified organisms and other forms of modern biotechnology like gene drives. These gene drives could have a serious impact on human health, environment and biodiversity.

In the light of various findings regarding the use of modern biotechnology in agriculture, there is every reason to believe that the promoters of modern biotechnology are benefiting from it.

We say NO to gene drives and all false solutions to the biodiversity crisis.

Trump vs. California vs. Climate

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In early September, JA staff participated in a series of interesting events in San Francisco. The Governor of the state of California, Jerry Brown was hosting the interestingly-named Global Climate Action Summit (GCAS) from 12-14 September, 2018.

Of course, the world knows that the US politics is dominated by the toxic and racist Trump and his nonsensical claim that climate change is a Chinese hoax. But what is happening in California, known to be a progressive state in the conservative US? When Trump was elected as US President in November 2016, the California Governor Brown opposed him and came out in support of climate action. So that sounds good, right? So is California a climate leader?

The answer unfortunately is no. It is very important to oppose Trump and his vile nonsense. But just opposing Trump is a very low bar to set, and that is what Gov Brown did with his GCAS event. Friends of the Earth US explains perfectly: “Governor Brown talks a good game on climate change. But despite all the talk, oil and gas remains a very big business in California, putting local communities at risk and accelerating global climate chaos … true climate leadership requires more than promises and press conferences that denounce Trump. California promotes itself as a global climate leader – but Big Oil is aggressively turning to processing some of the planet’s dirtiest crude oil at refineries in the state, putting local communities, coastal waterways and the global climate in jeopardy.”

Essentially Governor Brown and Big Oil in California are using the Trump idiocy to make their market mechanisms look like ‘climate action’ and to normalize their false solutions.

US justice-based movements, such as Grassroots Global Justice Alliance, joined with others including Friends of the Earth US to see through this charade. They created the ‘Brown’s Last Chance campaign. They understood that GCAS was a giant green-washing moment and climate action needs to be deeper and call for system change. They demanded that Gov Brown stop any new oil and gas permits and that he announce a phase out of existing fossil fuel production.

The fight against California REDD continues

Now, the plot thickens. This is not just about oil and gas, but California is also pushing false solutions. It would be the kinds of oil refineries mentioned above which would use the REDD (Reducing Emissions from Deforestation and Forest Degradation) credits from Chiapas and Acre and other potential sub-national partner jurisdictions to supposedly “offset” their greenhouse gas emissions pollution under the California cap-and-trade program as it is envisioned to expand in the near future.

So JA joined indigenous peoples from Brazil to California to Canada, demanding that California stop their dangerous REDD scheme. We protested outside the fancy Parc 55 hotel where Gov Brown was planning his REDD scheme. Chief Ninawa from the Huni Kui tribe in Brazil went inside to deliver our statement to the Governor and his team. “No REDD!” – we chanted outside.

‘Rise for Climate’ march

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To show people power, we often need to come to the streets. The California activists organised a big march called the ‘Rise for Climate’ march. It was led by local indigenous and frontline communities with a strong foundation in grassroots environmental justice organizing. We mobilized to stop dirty energy everywhere, and to say no to dangerous distractions like carbon trading, which will do nothing to stop the climate catastrophe. We marched alongside communities devastated by wildfires barely 55 miles (90 kms) away from San Francisco, and Puerto Rican movements whose entire island was devastated by hurricanes just a year ago.

The demands of the march were strong, stating:

We demand Real Climate Leadership, which requires:

  • Environmental, racial, and economic justice for all
  • No new fossil fuel development and a managed decline of existing fossil fuel production
  • A just transition to 100% renewable energy that protects workers, Indigenous peoples and frontline communities — both in these extractive industries and more broadly — and ensures family-sustaining jobs with the right to unionize, that are safe for people and the planet
  • Just and equitable resiliency and recovery efforts led by the communities most impacted;

Over 30,000 people came to the streets in this amazing march which shut down the streets of downtown San Francisco.

Sol2sol Alternative Summit

We need to oppose the wrong actions our governments are pushing. But we also need to show our own peoples’ solutions. The California activists organised the amazing alternative summit called Sol2Sol, which stands for ‘Solidarity to Solutions’, to spotlight frontline community solutions. JA participated and we spoke about our work in Mozambique.

Sky Protectors

A new movement is emerging called ‘Sky Protectors’. We are activists who have always defended the land, the water, and now we are being called on to defend the sky too. Geo-engineering is a dangerous phenomena that refers to the deliberate, large-scale technological manipulations of the Earth’s atmosphere, oceans and soils with the stated aim of weakening some of the symptoms of climate change.

Geo-engineering is risky, unsafe with scary implications, it would change rainfall patterns and other weather phenomena in a way that we don’t even understand yet. That’s why we need to stop it and protect the sky. JA! joined a meeting in San Francisco where we learnt about some geo-engineering projects that are already planned and we strategized on how to oppose them. Currently, projects are being planned in North America, South America and Asia, but these dangerous projects can come to our continent of Africa at any time.

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One type of project wants to put sulphates into the stratosphere, with the aim to reduce the amount of sunlight hitting the earth. This will completely change rain and wind patterns, it is predicted to disrupt the Asian monsoon and increase droughts in Africa and Asia. Also, given the current geo-politics and inequities between and among countries, can you imagine a powerful corporation or country controlling the thermostat of the world? They could hold us all hostage to their whims. This would be the militarization of the sky and we need to defend our sky from this. This is not a plot from a sci-fi movie; there is a real Stratospheric Aerosol Injection experiment planned in Arizona state of US called Scopex.

Another crazy idea is called Ocean Fertilization, where the idea is to throw iron filings into the ocean to capture atmospheric CO2. Can you imagine what this will do to the marine life and the fisherfolk who depend on the ocean? Again, this is not a made up story; a project called Oceanos is being planned off the coasts of Chile, Peru and Canada.

Want to hear one more awful idea? In the most sensitive ecosystem of the Arctic, in Alaska, a project called Ice 911 is being planned. The idea is to throw glass microbeads on top of the ice and in the sea in Alaska to absorb CO2. In our meeting, we were joined by Native American people from Alaska who were angry at this project and vowed to oppose it in their territories.

Geo-engineering is dangerous and risky. But worse, it tries to perpetuate the false belief that climate change can be stopped with techno-fixes. It deliberately ignores the fact that the climate crisis and the other inter-related crises we are facing are a result of today’s unjust economic, social and political systems. The unsustainable manner in which we produce, distribute and consume things are devastating our ecology and our people. That’s what needs to be changed. Only system change will stop climate change.

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

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

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

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

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

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

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

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

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

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

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

Maputo, 17 September 2018

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