Tag Archives: Vale

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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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.

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The Three Brickmakers

Last Tuesday at  5am, three brickmakers out of the hundreds of people who have been protesting for fairer compensations in Moatize for the past weeks, were arrested by the Mozambican Police while protesting peacefully at the gates of Brazilian mining giant Vale. According to the men, who we maintained contact with throughout the whole week, the police made them clear the railway they had blocked to prevent the coal from leaving the site and afterwards they were picked from the crowd, handcuffed and taken to the police station.

Thursday we got the information that they were going to be accused of disturbing the peace and making death threats to an employee of Vale.

What was happening was as obvious as ridiculous, but for legal reasons, we couldn’t say anything at the time…now we can.

According to our sources in Tete, the three men have been set free this morning after their hearing and will await for the verdict in freedom.

As expected, the death threat accusation was dropped because the alleged victim (a Brazilian citizen who works for Vale) failed to identify any of the accused as the person or people who threatened him and failed to tell the court what words those who threatened him used.

What he did tell the court, was that he could not possibly pinpoint three men as the people responsible for the threat, since there were hundreds of people protesting when it happen…

It is almost funny. How can this happen? How can these men stand accused of such a serious crime in such a frivolous way?

We, as I am sure many other Mozambicans, would love to hear an explanation from those responsible.

What is happening in Moatize is shameful.

We know it because we were there just a couple of weeks ago, because we know some of these men and we know that they are being persecuted not because they have disturbed the public peace, but because they have disturbed Vale’s peace and the peace of a government who is clearly compromised in this process and is probably the main responsible for all this mess.

We also know that they were not arrested at random, they were targeted by an overbearing system because they are outspoken men respected by their communities. They are the closest to a leader that they have. Those responsible for these coward actions thought that if they could scare them, the others would be scared too.

Shame on you!

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Notes from the Field: Vale-displaced communities in Cateme

Almost 200 people filled a room at the Escola Secundária Cateme (Secondary School of Cateme) on2 foto_meeting_8octblog_photo credit Gregor Zielke Saturday, 6 October. Cateme is the region where communities displaced by Vale coal-mining in Tete province, Mozambique, have been resettled. Women, men, children, babies, the elderly, students and teachers from the communities came together this past Saturday to speak out about the problems they are facing in resettlement.

Saturday’s meeting at the Secondary School was convened by Liga dos Direitos Humanos (Human Rights League), UNAC (National Farmers Union), AAAJC (Association for Support and Legal Assistance for Communities) and Justiça Ambiental. The land law and Mozambican constitution were presented for people to understand their rights, and copies of these booklets were given to various community representatives. Following the presentations, community members spoke vociferously one after another, explaining the problems they were facing.

Vale is the second-largest mining company in the world, with revenues exceeding US$ 45 billion and profits around US$ 17 billion. But Vale is also a global leader in its devastating disregard for human rights and 3 foto_cateme_8octblog_photo credit Gregor Zielkeenvironment protections. There is even a global movement around the world called “Affected by Vale”, bringing together communities that are the victims of Vale’s greed. Every time Vale enters a new country or region, the “Affected by Vale” movement ends up with new members. Mozambique is no exception.

In Mozambique, Vale is mining coal at an open-cast coal mine in Moatize, Tete province. The communities living in the area were relocated to Cateme. Every time we visit Cateme and stand in the middle of the village, we understand why Vale is considered the worst company in the world. The area is dry, hot and desolate. The land produces dust instead of crops and the 40°C plus temperatures, including in this past week, turn the small zinc-roofed houses where people have been resettled into over-sized ovens, with inside temperatures exceeding 50°C! The few times it does rain, the roofs leak and even though most houses are only a few years old, they are already cracking.

Life has always been hard in Tete province in inland Mozambique, but people developed survival methods. The community relocated to Cateme because of Vale’s mining had productive lands. They were close to heath posts, schools, churches, friends, family and one of the largest markets in the province where they could sell their crops. Now they are 37 kms away from their main market of Moatize. People said they spent up to 100 Meticais (US$4) per day getting to and from Moatize.

1 foto_meeting_8oct blog_ photo credit Mauro PintoEven the secondary school where the meeting was held was supposedly for the resettled communities. Yet we discovered that out of 150 students, a paltry 20 come from resettled communities, the others are from wealthier families in Tete, Moatize, etc.

The people tried to discuss the issues with Vale and the government, and when that failed, they stood up and demanded to be heard. Earlier this year they held a peaceful protest and occupied the road and railway to make Vale take their concerns seriously. The reaction from the Mozambican government, backed by Vale, was unmitigated violence by the rapid intervention police, who used live ammunition, and shot rubber bullets directly at unarmed peaceful protesters, sending 6 to the hospital and 14 to jail. One man’s horrendous injuries were photographed in January. We photographed him again and his injuries persist almost 9 months later.

Photo Credits (from the top down):

Photos 1 & 2:  Gregor Zielke

Photo 3: Mauro Pinto

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How much is enough?

Pemba1 040Last 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.IMG_1499

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.

Pemba3 024While 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.

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