Tag Archives: exploration

France, Rwanda and Total:

a lethal threesome around Mozambique’s gas

For four years, the people of the province of Cabo Delgado, Mozambique, have been devastated by gas and violent conflict between insurgents, military and mercenaries. Eight hundred thousand people have become refugees from the violence, and thousands have lost their livelihoods and been displaced by the gas industry. To make things worse, they are now in the hands of the Rwandan army, which is notorious for horrific torture of Congolese and Rwandan alleged dissidents in military detention centres. And they have gone rogue.

According to Mozambican President Felipe Nyusi, the 1000-strong Rwandan army’s mandate since July has been to “restore peace and stability”.

But since the Rwandan state became involved, things have gone even further awry than they already were. Already, on 14 September, Rwandan businessman and chairman of the Rwandan Refugee Association in Mozambique, Révocat Karemangingo, who was exiled from Rwanda in 1994, was assassinated in Maputo.

Three months before, Rwandan journalist Ntamuhanga Cassien who had applied for asylum in Mozambique, was arrested by Mozambican police, and has not been seen since.

If experts and activists who have linked the murders to the Rwandan state are correct, even though the government has repeatedly denied it, this should not come as a surprise. The Rwandan government is known for killings of political opponents and journalists both inside and outside of the country, including South Africa and Kenya.

In July this year, Amnesty International and a consortium of journalists exposed that Rwanda was one of the countries using the Israeli surveillance company NSO Group’s Pegasus software. Since 2016, the Rwandan government has used the software to unlawfully surveil the phones of 3500 activists, politicians and journalists.

The Rwandan army itself has a terrible human rights record – in 2014 Human Rights Watch reported they had been fighting alongside the Rwanda- backed M23 rebels in the Democratic Republic of Congo (DRC). Over three days in 2016, M23 soldiers killed 62 people in anti-government protests.

Even though locals around Palma have highlighted the more professional conduct of Rwandan solders in comparison to the Mozambican soldiers, the Rwandan operation relies on local intelligence and information in order to be effective. But they are not doing the dirty work of actually acquiring this intelligence themselves. It has been the Mozambican soldiers that have carried out the interrogations, arrests and intimidations to obtain information. This has been one of the causes in the increase of disappearances, unlawful arrests and torture, sometimes targeting outspoken and critical civilians within the gas affected communities.

So if the Rwandan government doesn’t care about its own citizens and civilians in the DRC, why would it put its money and army on the line for foreign nationals? And who else has an interest in them being in Mozambique?

One of the factors that can’t be ignored is Rwanda’s dynamic relationship with France, and that French company Total is one of the leaders of Cabo Delgado’s $50 billion gas industry. Total owns 26% of the Mozambique Liquid Natural Gas (LNG) Project.

It is in the process of constructing the massive Afungi LNG Park, which will house the offices and support facilities for its project as well as ExxonMobil’s Rovuma LNG project and their contractors. The gas giants are building an industry that is pushing the debt-ridden country further into poverty and not benefiting the people. Until now, it has only brought destruction.

The French government has over $520 million invested in the Mozambique gas industry through a loan from the French export credit agency (BpiFrance) for the third project, Eni’s Coral South LNG. The four largest French banks, Crédit Agricole, Société Génerale, BNP Paribas and Natixis are also involved in the industry as financiers or financial advisors.

It is the construction of the Afungi Park that has forced thousands of local people out of their homes, and away from their farmland and fishing grounds creating an angry and further disenfranchised population.

And now that the insurgency has ruined Total’s plans, it has just closed shop and stopped compensation payments to communities. After a brutal attack on Palma town on 24 March, Total decided to claim ‘force majeure’ and pull its staff out of the area, pausing the project indefinitely and saying they would return only once the area was safe.

Even then it was clear that the military had Total’s best interests at heart, not the people’s. On the day of that attack, there were 800 soldiers defending the Afungi Park while civilians have said there were only a handful of soldiers protecting Palma village. Currently, Rwandan soldiers have been using the Afungi Park as their base.

It certainly won’t be the first time that French interests, politics and violent conflict have gone hand in hand with a Total project. Some examples that come to mind include Myanmar, where the military junta is known for ethnic cleansing of the Rohingya population, and mass human rights violations including rape, sexual abuse, torture and disappearances of protestors. Since the coup of February 2021, Total has been directing revenues from its Yadana gas project in Myanmar to the junta, its biggest source of income.

Total has also been active in the Taoudeni basin of Mali in the Sahel since 1998. Since 2013, over 3000 French troops have been in Mali, and 4 other Sahel countries, with France using the same rhetoric as they and Rwanda have done in Mozambique: to rid the area of ‘jihadists’.

In Yemen, the Balhaf LNG site of which Total owns 39% was exposed for housing the base for the Shabwani Elite, an UAE-backed tribal militia since 2016. Officially a counter-terrorism group, they have unofficially become known as a group created to protect fossil fuel interests. The site also has also been exposed to house UAE notorious ‘secret prisons’ holding Yemeni detainees.

So, Cabo Delgado, where the gas region sits nearly on the border between Mozambique and Tanzania, fits neatly in Total’s mixture of politics, gas and conflict.

So back to Rwanda – Out of all potential pawns, or proxies, for France, why pick them?

France has been embarrassed, but not enough for a full apology, about the exposure of the severity of its role in the Rwandan genocide, after a March 2021 report claimed France bears ‘overwhelming responsibilities’ for the horrors that killed over 800 000 people in the Tutsi minority. However, in 2005 complaints laid by human rights groups pushed French prosecutors to open an investigation into French soldiers’ actual complicity in the genocide, which seemed like it was going to be dropped in May this year. No former French soldiers have faced trial.

While Rwanda claims this military mission to Mozambique is self-funded, others say it is Mozambique footing the bill, and yet others, say that this might be one of France’s covert means of reparations, or an olive branch trying to fix bad Franco-Rwandan relations, by offering Rwanda a crucial job: protecting French gas assets. When asked by a journalist, the French Minister for Europe and Foreign Affairs, Jean-Yves Le Drian, neither confirmed nor denied whether it is financing the troops, although financing does not always come in the form of cash. It could be through aid or other means that are harder to track.

It’s part of a pattern of Rwanda becoming France’s new darling: in 2019, the Rwanda Development Board (RDB) signed a reported $11.6 million a year contract with French football club Paris St. Germain as its official tourism partner. ‘Visit Rwanda’ is boasted on the the back of the men’s training and pre-game warm up kits, in the club’s stadium and on the sleeves of the womens’ team kits, with the club having renewed its contract in 2019, also reported to be $11 million a year. A point to consider is that hospitality company Accor is paying PSG $58 million a year to be its official hotel partner.

There is the possibility that these teams are giving the RDB a friendly discount. What is more likely is that the sponsorships are being subsidized by a third party.

It is clear that there are a few parties getting something out of Rwandan troops being on the ground in the gas region – Total, Mozambique and Rwanda. But certainly the one gaining the most is France – its financial assets are being well protected on the ground and it is able to maintain the international ‘non-complicit’ image it wants to regarding the genocide while still nurturing a relationship with Rwanda. It would also be a way of having military protection of its assets while not being visible. This is definitely in their interests following France’s recognition of its disastrous mission in Mali by cutting the number of troops in June this year, and now, after the death of the 52nd French soldier in eight years, French President Emmanuel Macron has said they will have no more soldiers in the Sahel by the beginning of 2022. The deployment of Rwandan soldiers would mean they will have another army in public view and decrease the political risk of failed military interventions, especially ones linked to human rights violations.

But one group that is not benefiting, are the people of Mozambique, most of all – the communities of Cabo Delgado, who are pawns, dying and devastated so that local and international elites can save political face and defend their gas assets and bonuses by any means necessary.

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Where is Ibrahimo?

7 September 2021

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

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

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

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

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

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

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

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

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

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

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

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

But we must not stop fighting!

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

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

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

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

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

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

Justiça Ambiental (JA!):

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

Damião Simango (DS):

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

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

JA!:

Qual é a vossa missão?

Damião Simango (DS):

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

JA!:

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

Damião Simango (DS):

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

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

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

JA!:

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

Damião Simango (DS):

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

JA!:

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

Damião Simango (DS):

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

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

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

JA!:

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

Damião Simango (DS):

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

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

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

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

 

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

countries where cambridge analytics meddled

countries where Cambridge analytics meddled

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

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

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

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

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

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

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

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

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

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

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

https://twitter.com/carolecadwalla

https://twitter.com/WendySiegelman

https://twitter.com/profcarroll

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JA! speaks truth to TNC’s in Europe!

Lobby tour participants and organisers FoE Spain in Madrid

 

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

Lobby tour participants outside the EU Brussels

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

 

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

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

Intervention at natixis AGM

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

 

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

 

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

Interview with online news outlet madrid2

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

 

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

 

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

 

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

 

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

 

Publico (Spain)

 

Les Echos (France)

 

Basta (France)

 

Observatories de Multinationales

 

L’Humanite (France)

 

Banktrack

 

Foe Scotland

 

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

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

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

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

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

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JA! causes a ruckus at the Eni AGM

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Justica Ambiental’s intervention at Eni Annual General Meeting

14 June 2019

Rome

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

we want to give some context to the shareholders:

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

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

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

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

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

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

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

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


SOUTH AFRICA

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

Exclusivity of meetings:

Eni held a total of 5 meetings.

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

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

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

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

QUESTIONS:

Civil society in Mozambique:

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

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

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

Reforestation:

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

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

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

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

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

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

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

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

4. how many communities and people will be affected?

EIA s:

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

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

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

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

Decarbonisation:

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

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

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

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

Private security:

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

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

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

Contractors:

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

2. if not why not?

Jobs in South Africa:

You have not answered our question here

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

How many of these jobs will be paid by Eni?

Contract

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

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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:

IMG_20190225_150151_9

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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Under Water

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CORPORATE IMPUNITY: STRATEGIES OF STRUGGLE (PART II)

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

03

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

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

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

01

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

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

06

 

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

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