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Aug 14 2017

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Corporate Impunity: Strategies of struggle (Part I)

2016 was an important year in our continent’s struggle against corporate impunity: the first session of the Southern African Peoples Permanent Tribunal (PPT) took place in Swaziland. This Court, which was founded more than 30 years ago in Italy, is an independent body that examines situations of systemic human rights violations – especially in cases where existing legislation (both national and international) is not capable of safeguarding the rights of populations. Although it does not have the power to issue an obligatory sentence for the company (which, by the way, is very important and is one of the reasons we are working for – but let’s talk about it later on), the PPT is strategically very important: On the one hand, it allows victims to be heard and advised by a panel of experts from various areas and to establish partnerships; and on the other, it is a moment of complaint and visibility for the cases, and therefore, of exposure to infringing companies. And although in our country this criminal impunity is often seen as a synonym of cleverness and of the perpetrators degree of influence, on the international level things are not quite like that. Being labelled as a human rights violator is a matter of great concern to these corporations, and therefore it can lead to a change of attitude – not because their ethical principles and values are very important to them, but simply because a bad reputation affects the only thing that truly matters to corporations: their profits.

Ten cases from Swaziland, Zimbabwe, South Africa, Zambia and Mozambique were presented in last year’s PPT, most of them related to the extractive industry. From our country, for the serious impacts that their activities have on the communities around them and for the noncompliance with the promises they made to those communities before settling in the region (to the point that one of them actually started its mining activities without resettling those living within the concession area – as we have denounced through various channels including this one), we took to the court VALE and JINDAL. A Panel of Jurors listened attentively to the communities’ grievances and to a contextualization made by invited experts, and then released its deliberations.

This year the process is repeated: in August, seven cases from the Southern Africa region will be presented by the affected communities themselves and by the civil society organizations who work with them. This time, the general theme of the cases is Land, Food and Agriculture. In addition to cases presented by Zambia, Malawi, Tanzania, Madagascar and Mauritius – who will denounce large corporations such as Parmalat and Monsanto – this session of the PPT will also hear the denunciation of two Mozambican cases: the proposed Mphanda Nkuwa dam on the already strangled Zambezi River; and ProSavana, the Mozambican, Brazilian and Japanese governments’ triangular partnership program that aims to develop agribusiness in the Nacala Corridor. These two Mozambican cases have the same particularity: they are not yet implemented. However, and this is what made us chose these two cases for this year’s PPT (because, let’s face it, what we are not lacking in our country are examples of human rights violations by private initiatives), despite not being implemented yet, its impacts are not less significant.

In Mphanda Nkuwa, for example, local communities were visited for the first time in 2000 by representatives of the companies responsible for the construction of the dam. They ere warned that they could not build new houses in that region because they would not be compensated for them. Since then, these people live in total uncertainty and can no longer make any long-term plans, at the risk of losing their assets when they start construction. ProSavana, on the other hand, has been characterized by the secrecy, manipulation and misrepresentation of information with the aim of promoting a false idea that the project will promote agricultural development in the northern region of the country, while in fact it is an initiative that will serve to facilitate large scale encroachment of peasant lands. This program will also destroy the livelihoods of local populations and exacerbate their already grave poverty. There are already reports of manipulation and intimidation of leaders of local peasant organizations.

The mobilization of civil society (Mozambican, Japanese and Brazilian) in opposition to ProSavana was fundamental to halt to the initial plans of this program and postpone the conclusion of its Master Plan. The purpose of taking these two cases to the PPT is to bring together even more elements that may help stop these projects.

Spaces such as the PPT are also crucial for perceiving trends, identifying development models, and analyzing common practices of transnational corporations – as well as their strategies to escape responsibility. Thus, by moving these experiences to a more global scale, it is easy to see that these violations of fundamental human rights are not perpetrated by one or another transnational corporation in isolation. That is, these are not a couple of rotten apples in a sack full of beautiful apples. Rather, it is a generalized behavior that is enabled by an architecture of impunity, characteristic of our extractive capitalist development system. This architecture of impunity puts corporate rights above human rights, and makes way for an abundant number of examples of very lucrative corporate crimes.

The architecture of impunity consists of several elements and actors:

We have the economic power of corporations – on the basis of which these establish their relations with one another and with states – and of international financial institutions;

We have political power, which in turn is responsible for capturing policies and politicians that fail to regulate the collective interests of society to serve private interests;

Trade architecture, embodied by numerous trade and investment agreements, facilitates profit and allows corporations to file lawsuits against governments should they make decisions that affect their anticipated profits;

Legal power is represented by the financial capacity to hire and dispose of influential lawyers who defend corporations in endless processes, as well as by inadequate and insufficient legal instruments that regulate their actions; and finally

Social power, which is exercised in all spheres of our lives through the influence that corporations have in the media, academic spaces, civil society organizations, among others.

Discussing some of these elements and developing the cases that will be presented in the PPT next month, were the objectives that motivated the Workshop on the Architecture of Impunity, held in the context of the Southern Africa Campaign to Dismantle Corporate Power. Since it is the affected communities themselves who present the cases to the Panel of Jurors in the PPT, this enabled them to get the support of several resource people, to appeal, discuss and deepen the specificities of their denunciations and also to identify common ground with the other cases.

But the struggle to end corporate impunity is not only fought in the field of opinion sentences, nor is the important opinion of a panel of judges our only weapon to demand a different behavior from transnational corporations. Another battle is being waged to develop a legal instrument that will ultimately have the power to condemn and punish corporations – since the absence of such an instrument is currently one of the biggest gaps in international law. We are talking about the UN Intergovernmental Working Group, created in 2014 with the mandate to develop a binding treaty for transnational corporations on human rights issues, which will meet in October this year for its third session. At this time, transnational corporations simply have to follow voluntary standards and guiding principles that “advise” best practices on human rights issues. There is no doubt that this blind faith in corporate goodwill has had grave and irreparable consequences, both on people and on the planet. In next month’s article, we will look into this issue more carefully, getting deeper into the debate about the urgency of a legal mechanism that is accessible to any community affected by the operations of a transnational corporation. For now, we continue to look closely at next month’s PPT, certain that this will be another important moment regarding the convergence of struggles for a fairer, healthier and more common-good oriented world.

Tagged african resources, agribusiness, climate change, effective participation, environmental justice, exploration, FoE Mozambique, forest plantations, gas master plan, green deserts, Human rights, JA, mining, Moatize, monoculture forest plantations, mozambique, mphanda nkuwa, natural forests, natural gas, Prosavana, resources, SADC, Vale, zambezi

Aug 27 2012

How much is enough?

Last week we marched to deliver a declaration to our Southern African heads of state who met in Maputo for the SADC (Southern African Development Community) conference. We demanded that the SADC be reclaimed for the people of the region, for people-centred development, but as I sat in my office to read the weekly local news, I feel overwhelmed by sadness but also utter puzzlement.

Do our leaders really give a thought as to the real needs of the people?

In Mozambique, I sit and read about more multinational corporation investments being approved, unfortunately, there is very little doubt as to whom the government is catering.

In the same week, we witnessed a shocking contradiction of news. Macauweb reported that the government had approved two more forestry concessions for a British company, Obtala Resources group, covering an area of 117,618 hectares, to be located in Cabo Delgado and Nampula provinces. From these concessions, the group expects to extract 8994 cubic meters of wood with a high retail value. The concessions even include very valuable species such as African Blackwood.

At the same time, Verdade newspaper reported that local carpenters in Maputo are struggling to survive with some workshops closing down and workers losing their jobs and livelihoods. Why? It is because they are facing more and more difficulties in purchasing wood without which their profession is impossible.

While Mozambique is exporting shiploads of wood, to the extent that we are one of the biggest suppliers of wood to the European and Asian markets, the carpenters of Mozambique can’t even etch out a decent, hard-working livelihood anymore. “The wood that is not ours anymore,” they lament.

This contradiction is what is known in Mozambique as “development”! Yet this contradiction is not new to us, however sad and shameful it seems, as we have been listening for many years to the woes of the local artisans increasingly facing a lack of wood. However, whenever communities raise their voices or when they lose hope and act to demand justice and their right to a decent life, they are treated as criminals, and their voices are shut down by threats, as happened in Cateme last January where people were protesting mistreatment in Vale’s coal-mining efforts.

This is just the tip of the iceberg, as we are hurtling towards becoming the poster-child for the “resource curse”, while at the same time we are touting how great our development numbers are.

The Marikana platinum miners who were shot dead by South African police last week were just demanding better wages in an industry that mints billions of US dollars every year. Similarly, the Mozambican carpenters are just asking for the chance to continue their trade and livelihood. People are not asking for hand-outs. They are asking for a chance for survival. They are asking the government to take their side for once and enforce policies that support the struggling masses.

Tagged african resources, environmental justice, forest, Marikana, mining, mozambique, poverty, resources, SADC, Vale, wood

Aug 17 2012

Together We March! Reclaiming the SADC for Peoples’ Development

Yesterday (August 16^th2012) the beautiful coastline of Maputo was covered with a sea of green t-shirts. As the city welcomes Southern African heads of state arriving today for the SADC (Southern African Development Community) Summit, the people decided to respond by taking to the streets and marching for their rights.

People gathered yesterday morning, most of them wearing bright green t-shirts to represent the life-sustaining gifts of the land and the environment, and marched almost 5 kilometres along Avenida Marginal to the Chissano Conference Centre where the SADC talks start today.

The marchers held high their placards with powerful messages such as ‘Africa is not for sale’, ‘No to biofuels, stop land grabbing’, ‘Enough with intentions, we want actions, for the right to land, water and food sovereignty’, ‘Are we eradicating poverty, or the poor’, “Land-grabbing = Plantations, dams, mining’. Another banner demanded: ‘There is nothing about us Without US’, showing the need of the people to be involved in the decision-making that affects their lives. At the end of the march, a few representatives then went to deliver to the SADC the Peoples’ Summit declaration “Reclaiming SADC for Peoples’ Development”.

For the past 3 days, activists from social movements and organizations from Mozambique, South Africa, Lesotho, Malawi, Namibia, Zambia, and Zimbabwe have participated in the Peoples’ Summit of the SADC 2012. The Summit brought together farmers, fishermen, landless people, rural and industrial workers, rural women, feminist movements, and social and environmental activists.

There was consensus that the immense power that multi-national corporations (MNCs) exert over government and even community leaders is a major concern. Farmers raised their voices against land-grabbing, against GMOs, and for access to water, etc., during the Peoples’ Summit. Participants asserted: “The people will take over if their human rights are not respected and if their resources are continuously mismanaged.”

“Cash crops divert water and key resources from sustainable development because this is where big corporations dominate sovereign states and agriculture through the selling of seeds and fertilizers”

“Fishermen are realising that their access to the sea or rivers have been cut off and they are faced with newly-built fences – which seriously affects their livelihoods.”

The outcome of the meeting was the declaration of the concerns of the development path that the SADC is taking with undemocratic governance, impunity of corporates in extractive industries, exploitation of natural resources, dominance of corporates in the energy sector, increasing violence against women and children, displacement of communities by MNCs with active collaboration of SADC governments, increasing food insecurity, damage to ecosystems, wrong choices concerning energy policies such as; more fossil fuels, problems of mega-infrastructure including dams and mines, growing inequalities, and the continued violations of economic, social, cultural and environmental rights. Mozambican organisations such as UNAC (National Farmers’ Union), Women’s Forum, Justica Ambiental, Peoples’ Dialogue, Livaningo, and others have been involved in this process.