Extractive industries
-
AZERBAIJAN: ‘Operating on the ground has become increasingly difficult due to security concerns’
CIVICUS speaks about the links between the exploitation of fossil fuels and human rights violations in Azerbaijan with Kate Watters, Executive Director of Crude Accountability.
Founded in 2003, Crude Accountability is a civil society organisation that works to protect the environmental and human rights of people in the Caspian and Black Sea regions and in areas of Eurasia affected by oil and gas development.
How do extractive industries fuel human rights violations in Azerbaijan?
The key problem is corruption, which results from the close relationship between the executive branch of government and the oil industry. The use of the state oil company by the regime led by president Ilham Aliyev is a key feature of Azerbaijan’s kleptocracy.
Corporations operating in Azerbaijan handle vast sums of money and oversee massive projects. For example, British Petroleum (BP), the largest foreign investor, is involved in many of the key fossil fuel projects and is the majority shareholder and operator of the Baku-Tbilisi-Ceyhan pipeline, through which around 80 per cent of Azerbaijan’s oil is exported. BP has a monopoly in the industry that dominates the national economy, with oil and gas accounting for 95 per cent of all exports, 75 per cent of government revenue and 42 per cent of national GDP.
Those in charge of the oil and gas sector control the financial and economic dynamics of the whole country. The vast revenues generated by the hydrocarbon industry make it difficult for smaller environmentally sustainable alternatives to gain traction and create fertile ground for corruption and secrecy. International mechanisms that promote transparency in the industry rely on a level of adherence to the rule of law that Azerbaijan lacks.
That’s why Crude Accountability’s advocacy efforts focus on advancing transparency and accountability. We aim for the adoption of cleaner technologies that ensure the wellbeing of local communities and call for international financial institutions to cease financing fossil fuels and redirect their investments toward sustainable green energy projects. We urge companies to be transparent about the social and environmental impacts of their operations and strive for continuous improvement.
What work do you do in Azerbaijan?
Crude Accountability’s involvement in Azerbaijan dates back to the early 2000s. We work with communities, organisations and people affected by oil and gas developments. Our efforts encompass extensive research, educational and advocacy activities that address the specific impacts of the hydrocarbon industry, such as gas flaring from the BP’s Sangachal Terminal, which is causing villagers health problems and sleep disruption, along with the broader impacts of onshore and offshore oil and gas development in Azerbaijan.
As an organisation, we’ve shed light on previously undisclosed areas. One of our achievements is the collaborative report ‘Flames of Toxicity‘, produced in partnership with Omanos Analytics. Using satellite imagery and other technologies, we proved that oil spills and flaring were happening during extraction and refining processes in several locations. By doing this we reminded industry stakeholders that, even when it’s unsafe for activists to conduct extensive on-site verification, there are technologies we can use to gain insight into environmental and human rights violations.
For the past few years, operating on the ground in Azerbaijan has become increasingly difficult due to security concerns for our partners. Since mid-2023, our primary focus in Azerbaijan has shifted to advocating for the release of Gubad Ibadoghlu, a prominent economist and anti-corruption activist. He was arbitrarily detained in July 2023 and is currently held in miserable conditions in a pretrial detention centre outside the capital, Baku, facing mistreatment and denial of medical attention. During his arrest, both he and his wife were severely beaten after the car they were driving was surrounded and forced to stop. The physical violence perpetrated against Ibadoghlu and his wife during arrest is extremely concerning.
We are part of an international coalition of activists, academics, policymakers and journalists that works for the release of Gubad Ibadoghlu and other Azerbaijani political prisoners, including independent journalists affected by the recent crackdown on civil society.
Is the level of repression in Azerbaijan increasing?
Repression has intensified over the last five years, and particularly in the past couple of years, as President Ilham Aliyev and the presidential apparatus have sought to solidify their position and power. Following Russia’s full-scale invasion of Ukraine, authoritarianism and the repression of civil society have escalated across Eurasia. This is certainly the case in Azerbaijan.
Azerbaijani people are afraid to speak out about the Azerbaijani offensive against Nagorno-Karabakh. Even those who refrain from criticising the offensive and work to address other related issues risk being labelled as ‘pro-Armenian’, a smear used by authorities against activists and dissenters.
The snap presidential election scheduled for 7 February will serve to further consolidate Aliyev’s rule amidst regional turmoil. In this context, independent journalists face a heightened risk of repression. In June 2023, protests erupted in the village of Soyudlu, already threatened by environmental degradation, against the construction of an artificial lake to contain waste from the nearby Gadabay goldmine. Police severely beat community activists and journalists who came to cover the story. The village remains under lockdown, and although it appears that the goldmine’s activity has been limited or halted, it remains a challenge to obtain verified information. The community has been under stress since the incident.
Environmental activists are also at risk. People with information about issues such as flaring or emissions are often afraid to speak out. Sometimes they have family members employed by the oil company or refinery and fear that they may lose their jobs, jeopardising the family’s livelihood. Fear of repercussions silences environmental activists and others who are aware of environmental violations. Still, some environmental and human rights defenders continue to operate discreetly in Azerbaijan.
What forms of international support does Azerbaijani civil society currently need?
Azerbaijan’s selection as the host for this year’s United Nations climate change conference, COP29, poses significant challenges from both a human rights and an environmental perspective. Azerbaijan has fallen short of its climate commitments. It hasn’t signed the Global Methane Pledge, a step taken even by countries like Turkmenistan. There are also serious concerns about civil society’s ability to participate in COP29 due to ongoing repression and severe human rights violations taking place in the host country. The imprisonment of a prominent Azerbaijani economist investigating corruption in the oil and gas sector raises further concerns.
The international community should demand transparency and accountability from the Azerbaijani authorities in the run-up to COP29 and throughout the conference. A legitimate discussion on climate change in the framework of sustainability and human rights can only occur with the active participation of civil society.
It is also very important to building international coalitions to confront authoritarianism, repression and closed civic space. Autocratic governance seeks to make people feel isolated and disunited, so collaborative efforts are vital. By working together, sharing resources and leveraging each organisation’s expertise for knowledge exchange, we can enhance our impact.
Azerbaijani civil society requires financial resources, solidarity and support from the international community. The more we can offer to activists on the ground, the more successful our collective efforts will be.
Civic space in Azerbaijan is rated ‘closed’ by theCIVICUS Monitor.
Get in touch with Crude Accountability through itswebsite orFacebook page, and follow it onLinkedIn andTwitter.
-
COP28: ‘To truly end the fossil fuel era, bold visions must now turn into historical action on the ground’
CIVICUS speaks with Kaisa Kosonen, Senior Policy Advisor at Greenpeace Nordic, about the outcomes of theCOP28 climate summit and the vital role played by civil society in setting the agenda for fossil fuel phase-out. Kaisa was Greenpeace International delegation’s lead at COP28.
What were the opportunities for civil society to influence the negotiations at COP28?
I think the biggest influence civil society made was in agenda setting. Fossil fuel phase-out was never an official agenda item at this COP, but we managed to make it the number one topic for the global stocktake, and the main benchmark for success.
Within the United Nations (UN) space at COP28 civil society was guaranteed a certain level of participation and access. However, areas dedicated to civil society, such as side event and press conference rooms and pavilions for civil society organisations, were noticeably separated from negotiation areas, government press conferences and media zones.
On top of this, a unique aspect of COP28 was the record number of fossil fuel lobbyists who participated, securing more passes than all delegates from the 10 most climate-vulnerable nations combined. This influx of lobbyists introduced a different dimension of economic influence to the summit.
Were climate activists, both local and international, able to exercise their right to protest?
Greenpeace chose to focus its activities exclusively within the UN area, known as the blue zone. Within this area, protests were allowed if prior permission had been sought and granted. However, we encountered increased constraints and a lot of back-and-forth this time, with some unfounded wordsmithing on banner texts. Other groups also mentioned that their protests were redirected to less relevant locations and some activists experienced an atmosphere of intimidation.
It is crucial that the UN Secretariat and security safeguard civil society spaces in COPs. Freedoms of expression and peaceful assembly should not be subject to negotiation with the host country’s presidency.
What’s your assessment of the COP28 final declaration?
The COP28 outcome delivered a long-awaited signal on ending the fossil fuel era, along with a call to massively scale up renewables and energy efficiency this decade. But it fell short in some aspects, containing potentially dangerous distractions and loopholes. The lack of sufficient means to achieve the proposed goals raises questions about the practical implementation of the commitments. Real progress will be determined by actions taken on the ground.
Civil society played a crucial role setting the agenda at COP28, successfully steering the focus of world governments towards the urgent need for a fossil fuel phase-out aligned with the Paris Agreement’s 1.5 degrees warming limit. This shift in attention, sustained for almost two weeks, marked an unprecedented achievement during a UN climate summit. There’s no way back now.
Despite its weak language, the declaration sent a clear signal that the fossil fuel era will come to an end. The practical requirement for ‘transitioning away from fossil fuels’ to achieve ‘net zero by 2050’, if implemented sustainably, would mean a near-complete phase-out of fossil fuels within the next three decades. To truly end the fossil fuel era, bold visions must now turn into historical action on the ground.
The call for countries to contribute to the phase-out in a ‘just, orderly, and equitable manner’ emphasises the responsibility of wealthy states to take the lead and support global south countries in their transition.
The operationalisation and initial capitalisation of the loss and damage fund also mark a turning point for global climate action – but only if it is built on.
In the year ahead, the fund must be set up so that funding can start flowing to those who need it. Permanent, predictable funds must be established to meet the growing needs, flowing from the countries and corporations that have contributed most to the climate crisis towards those that have contributed less but are disproportionately impacted on by its effects. We must prevent further losses and damages through a fast and fair fossil fuel phase-out.
What further steps need to be taken for the COP28 outcomes to have a tangible and positive impact?
With this COP28 outcome we now have new global benchmarks for aligning action with the Paris Agreement 1.5 degrees limit and climate justice. This crucial roadmap includes accelerating global emission cuts, increasing reliance on renewables and energy efficiency, expediting the transition away from fossil fuels, putting an end to deforestation and fostering the growth of climate finance. Focus must now shift to real action on the ground.
Over the next year, states face a critical period where they must formulate new national climate targets and plans to deliver their fair contributions to all these global goals. Simultaneously, countries need to collaboratively design the future landscape of international climate finance, moving beyond existing commitments to fill the growing gaps.
What are your thoughts on the choice of Azerbaijan as COP29 host?
The choice of Azerbaijan as the host for COP29 raises many concerns, given its economy’s very high reliance on oil and gas exports, and poor track record on human rights. The upcoming COP should primarily focus on delivering climate finance to those made vulnerable and lacking capacity, and on redirecting financial flows away from problems and towards solutions. Key to this is holding the fossil fuel industry and major polluters accountable for the damage they have caused, which won’t be easy with a host that’s highly invested in fossil fuels.
That said, as the history of this process shows, when a determined group of progressive countries come together to drive change, and they are supported by the global climate movement, breakthroughs can happen. So the priority now is to ensure that by COP29 next year, countries will have taken key steps to accelerate the fair and swift transition away from fossil fuels on the ground, and that they’re ready to take the bull by the horns and make polluters pay.
Get in touch with Greenpeace through itswebsite,Instagram andFacebook accounts, and follow@Greenpeace and@kaisakosonen on Twitter.
The opinions expressed in this interview are those of the interviewee and do not necessarily reflect the views of CIVICUS.
-
COP28: ‘We are worried that the host country, the United Arab Emirates, restricts civil society’
CIVICUS discusses the hopes and roles of civil society at the forthcoming COP28 climate summit with Gideon Abraham Sanago, Climate Coordinator with the Pastoralists Indigenous Non-Governmental Organizations’ Forum (PINGOs Forum).
Established in 1994, PINGOs Forum is an advocacy coalition of 53 Indigenous peoples’ organisations working for the rights of marginalised Indigenous pastoralists and hunter-gatherer communities in Tanzania. It was founded by six pastoralists and hunter-gatherers’ organisations promoting a land rights and development agenda.
What environmental issues do you work on?
PINGOs Forum works with Indigenous peoples’ communities across Tanzania to address the impacts the environmental and climate crisis is having on them.
Although it is a global phenomenon, climate change affects communities in different ways and presents a variety of challenges. These include prolonged and severe droughts, floods, biodiversity loss, land conflicts and displacement, and the loss of livestock that communities depend on for their livelihoods. This also leads to the loss of culture and identity as young men migrate towards towns looking for an income-producing job, leaving women, children and older people abandoned at home.
To respond to these challenges, PINGOs Forum supports community initiatives for land conflict resolution, the development of land use plans and the recognition of land rights for Indigenous peoples, as well as for water provision and restocking of agricultural supplies for destitute families. We also build capacity to tackle climate issues and support Indigenous peoples’ participation in national, regional and global climate forums to ensure their voices are heard and the resulting policies respond to their needs.
PINGOs Forum is a member of the Climate Action Network (Tanzania Chapter), the CIVICUS alliance, the International Indigenous Peoples Forum on Climate Change and other bodies engaging with the United Nations (UN) Framework Convention on Climate Change. We use these platforms for advocacy and campaigning. They have been instrumental for us in being able to voice our concerns and engage in productive dialogue and exchanges.
Have you faced any restrictions or reprisals for the work you do?
Human rights defenders face threats and intimidation when advocating for the rights of Indigenous peoples to land and resources and organising to respond to their violations.
The state of Tanzania does not recognise the existence of Indigenous peoples in the country. Instead, it always refers to them as marginalised groups, forest-dependent communities, forest dwellers and other such terms. This limits the ability of Indigenous peoples to exercise their rights as enshrined in the UN Declaration on the Rights of Indigenous Peoples, of which Tanzania is a signatory but clearly does not respect.
The UN declaration includes the key right of Indigenous peoples to give free prior and informed consent, which of course the Indigenous peoples of Tanzania have never exercised. Their rights to ownership of land and resources have been repeatedly violated through forceful evictions from their ancestral lands. We have seen examples of this in Loliondo/Ngorongoro and Kimotorok in Simanjiro District.
Another major challenge is access to the media. We believe in the power of media and recognise the pivotal role it plays in addressing the challenges faced by Tanzanian Indigenous peoples. But the media is restricted when it comes to publishing any information coming from Indigenous people’s organisations regarding issues such as land crises, as happened in the case of Loliondo. All media outlets were warned not to publish any information about it.
What priority issues do you expect to see addressed at COP28?
There are several key priorities for Tanzanian Indigenous peoples on the frontline of climate challenges, the first one being funding of loss and damage. One of the key decisions from COP27 was to establish a loss and damage funding mechanism. We would like to see this funding mechanism operationalised with sufficient resources to urgently respond to the challenges faced by Indigenous peoples. We are eager to understand how this mechanism will address economic and non-economic losses and provide compensation for what we have already lost.
More broadly, Indigenous peoples are in dire need of direct access to reliable and flexible funding, including for adaptation measures and to build resilience in the face of the impacts of climate change.
Regarding the carbon market, Indigenous peoples would need to be engaged and the technicalities and political issues around these investment approaches should be clarified. Indigenous peoples should be able to exercise their right to free, prior and informed consent when it comes to carbon credits in their ancestral lands and forests to avoid any rights violations resulting from climate interventions.
All this would require a recognition of the rights and knowledge of Indigenous peoples and their full and effective participation in climate forums at all levels to inform better policy formulation and decision-making processes.
Do you think COP28 will provide enough space for civil society?
We are particularly worried about the fact that COP28’s host country, the United Arab Emirates, restricts civil society movements and campaigns. It is key for civil society and Indigenous peoples’ organisations to be able to exercise their rights to express their views and peacefully demonstrate at any time during the negotiations. Otherwise their perspectives will not be reflected in the outcomes and their concerns will not be addressed.
Civil society and Indigenous peoples’ organisations play a pivotal role as observers at COPs. They hold negotiating parties accountable and make a difference when they are reluctant to take important decisions during the negotiations. During COPs, civil society campaigns, mobilises, develops position papers and issues joint statements to push parties to take urgent actions on agreed points.
What are your expectations concerning its outcomes?
Our main expectation is to have an ambitious COP28 addressing key points of climate change action. We expect the loss and damage financial mechanism to be operationalised in ways that take into consideration the rights of Indigenous peoples and address both the economic and non-economic losses they are experiencing. We expect direct and flexible funding to become accessible to Indigenous peoples, as well as capacity building and the transfer of the required technologies.
We also would like to see a clear definition of adaptation actions and serious emission reduction commitments by developed countries. But above all, we want this to be a COP of actions and not of empty promises – we want to see developed states live up to their commitments, giving vulnerable communities reasons for hope that they will be able to face and survive the impacts of climate change.
Civic space in Tanzania is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with PINGOs Forum through itswebsite ofFacebook page, and follow@PINGOsForum on Twitter.
-
EUROPE: ‘The Energy Charter Treaty is having a chilling effect on climate legislation’
CIVICUS speaks with Paul de Clerck,Economic Justice Coordinator at Friends of the Earth Europe, about the implications for climate action of the Energy Charter Treaty.
Friends of the Earth International was founded in 1971 by four civil society organisations (CSOs) from France, Sweden, the UK and the USA to campaign together on key issues such as nuclear energy and whaling. Over time it grew to become a federation of 73 groups across the world. Its European arm, Friends of the Earth Europe, is the continent’s largest grassroots environmental network, bringing together more than 30 national CSOs with thousands of local groups. In coordinationwith other European CSOs, it currently advocates for European Union states to withdraw from the Energy Charter Treaty, which is preventing them from adopting and implementing effective policies to address climate change.
What is the Energy Charter Treaty (ECT)?
The ECT is a trade agreement that was established in 1994, after the disintegration of the Soviet Union. A large part of the 15 former Soviet countries had huge oil and gas reserves and western oil and gas companies wanted to ensure for themselves unrestricted access to invest in and extract those resources. So they agreed that the European Union (EU) and all its member states would grant these companies an investor-state dispute settlement system: a mechanism that allows companies to sue governments when they adopt new policies or laws that affect their financial interests.
For example, if a state introduces a new environmental or labour law that could jeopardise current or future profits, a company can file a lawsuit. This is especially relevant when it comes to oil and gas projects because oil-extraction facilities are usually operational for about 40 to 50 years, and the expected profit over such a long time can be enormous.
Such lawsuits are presented before investment tribunals, which are completely industry-biased as they don’t take human rights, labour rights, environmental rights or other public interest issues into consideration. As lawsuit processes are usually negotiated in secrecy, there is very little information available regarding the amounts of the settlements.
These lawsuits have become increasingly frequent in Europe as states have adopted climate transition policies. Companies are resorting to the ECT to claim massive compensation, ranging from hundreds of million to billions of euros. This mechanism not only forces governments to pay for compensation, but also stops them introducing new sustainable energy policies. That is what we call the ‘chilling effect’: governments anticipate they will be sued so they either weaken their legislative proposals, delay them or discard them altogether.
The ECT is an old treaty that is out of line. Its main purpose is to protect fossil fuel companies, and it’s completely at odds with the Paris Agreement on climate change and the EU’s climate and sustainability agenda.
Several EU states have recently announced they will withdraw. What happens after a state quits the ECT?
France, Spain and the Netherlands have recently made such announcements, but the only state that has withdrawn so far has been Italy. Following the announcement, it takes one year for withdrawal to become effective. However, the treaty’s so-called ‘sunset clause’ states that if a country leaves the ECT, investors can continue to sue it for another 20 years. This gives an almost unlimited right to companies and investors and is one of the reasons why we are urging EU states to leave the treaty all together, in a coordinated way. If they did so, they could agree on passing EU-level legislation preventing further investor-state dispute settlement cases. About 90 per cent of current cases involve EU states, so they would gain much better protection this way.
Over the past two and a half years the ECT has been renegotiated, and in June 2022 member states reached an agreement to reform it. But from the civil society perspective, this is not good enough. First, because it extends protection for fossil fuels for another 10 years. And second, because it would extend its reach to other energy sources such as hydrogen production from biomass with carbon capture and storage, which would result in increasing rather than decreasing risk.
This is going to be decided within the next month, first by EU member states, and then by all ECT member states. The European Commission, the EU’s executive body, wants EU states to remain parties to the ECT, and it is pushing for the EU as a whole to adopt the modernised agreement. Several states are in favour of adopting the reform as they assess this new treaty as a better protection than the old. Of course, these are states that have been less exposed to the legal risks posed by international investors. On the other hand, there are the states that have been sued, such as France, Italy, Poland and Spain. Earlier this year, Italy lost a case against an English oil company that cost it several hundreds of million euros.
Has the war in Ukraine and Europe’s current energy crisis affected the negotiation process?
Even though Russia is not an ECT state party, there are possible implications to the fact that the EU has taken several measures to restrict the operations of Russian companies. These are partly based in other European countries, which means they could sue European states.
There could also be other impacts. Most European countries are persistently trying to find new sources of gas and hydrogen and are looking at African markets. Several African countries such as Nigeria are in the process of becoming ECT members, and it is suddenly in the interest of European states to bring them on board. This is having an impact on the negotiation process, although I am not sure it is a decisive one.
What should we expect to happen now?
The European Council, which brings together the heads of the 27 EU member states, needs to decide whether the reform will be adopted. It was supposed to decide by 25 October, but because of all the withdrawal announcements it has been unable to do so. Now a decision is expected by mid-November. If the European Council approves the reform, then the European Commission and its members will go to the annual ECT meeting, which will be held in Mongolia on 27 November. That meeting is the second step to move forward on the reform’s approval. The third and final step will be a vote by the European Parliament.
We are campaigning for the EU and its member states to reject the reform. If we lose, then we will shift our focus towards the European Parliament. For the past two years, its representatives have been completely left out of negotiations and several parliamentary blocs have been very critical about the treaty. So we are still hoping we will be able to stop the agreement in the European Parliament.
Along with other European CSOs, we have been doing a lot of joint advocacy with European institutions and coordinating actions, messages and strategies across Europe. We must put pressure on governments. The next few weeks will probably be decisive.
Get in touch with Friends of the Earth Europethrough itsFacebook page and follow@foeeurope on Twitter.
-
GERMANY: ‘Our street blockades hurt society the least and put no one’s life in danger’
CIVICUS speaks with Zoe Ruge of Last Generation about climate activism and its criminalisation in Germany.
Last Generation is an international network of climate activists using civil disobedience to urge governments to address the climate emergency, enabling citizen participation and financially supporting the global south as a primary victim of climate change that it hasn’t caused.
What forms of protest has Last Generation deployed in Germany?
Last Generation has come to dominate the climate movement in Germany, so its tactics have become the prevailing tactics. The most common form of climate protest in Germany is currently street blockades, and blockades of public infrastructure more generally, because they are efficient at creating a certain level of disruption. A small number of people protesting peacefully is all it takes to generate a wide public reach. Additionally, street blockades are a platform to have talks with politicians and citizens about the climate crisis, do media work and underline our demands.
Alongside disrupting everyday traffic, we draw attention to the major responsibility of the richest one- to-10 per cent of the population. To target them specifically, we block airports, spray-paint private jets, disrupt big events and bring protests into museums and other public spaces.
Our street blockades hurt society the least and put no one’s life in danger. We take adequate security measures, for instance to make sure no emergency vehicle gets stuck in traffic. In case of an emergency, we are ready to open the blockade and clear the street.
We know the kind of civil disobedience tactics we use face criticism, and we constantly reflect on our practices and take all feedback into consideration. We have aimed to choose a protest form that effectively rises awareness and is the least disruptive for people, and we think the street blockade is one such form. It may cause people to get to work half an hour late one day, but it provides a much-needed opportunity to stop people’s everyday routine and encourage them reflect on what we’re doing and where it’s leading us.
What have been your biggest achievements?
More people are realising the seriousness of the crisis we’re facing. Street blockades allow us to talk to people who would normally not get involved but are forced to listen and ask questions about our reasons to be there and our demands. Through disruption, we’ve been able to bring a lot of climate-related topics into public discourse, not only through media coverage but also thanks to local, face-to-face conversations. We are seeing rising awareness, which is necessary to deal with the consequences of the climate crisis.
In terms of policies, one of our demands during the first protest wave was a law similar to the one France has, to save food from going to waste in supermarkets. One third of all food is lost in the production chain, which equates to a lot of preventable CO2 emissions. Such a law is currently being discussed in several federal states.
In terms of public awareness, when street blockades began about a year ago they attracted 25 to 30 people, and now they bring thousands to the streets in Berlin. Churches are standing behind us and civil society groups are also voicing demands for climate action.
Overall, we are receiving increasing support from the whole society. We get invitations to discuss the climate crisis with politicians, artists, at schools and with other parts of civil society. In response to the criminalisation we are facing, which has included the freezing of some of our assets, we have also seen a rise in donations from the public.
What are your demands to the German government?
What Last Generation demands are pretty simple things that must be done to tackle the consequences of the climate crisis and prevent it escalating. We demand a speed limit of 100 kilometres per hour in Germany, which would bring a reduction of more than 6.7 million tons of CO2 emissions a year, and a permanent €9 (US$9.90) monthly ticket to make public transportation affordable. This was tested last year and was a huge success, as many people shifted from using cars to using public transport – but now it’s quite expensive again.
Our third demand is the establishment of a citizen assembly as a long-term mechanism for us to deal with the climate crisis as a society and end the use of fossil fuels in a socially just manner by 2030. Since our politicians are not even able or willing to implement a speed limit, we need citizens to be able to help tackle the climate crisis through more direct democratic tools.
As part of a global movement, Last Generation works in close cooperation with Debt For Climate, a grassroots global south-driven initiative connecting social justice and climate justice struggles with the aim of freeing impoverished countries from a debt burden that is often used as a tool for further natural resource extraction. We support their demand for financial support because they are the primary victims of climate change that they haven’t caused. German politicians tend to argue that the climate catastrophe isn’t happening in Germany, although it is indeed taking place, maybe to a lesser extent. But in other parts of the world people are already dying because of it while more developed countries continue benefiting from their resources.
How have German authorities reacted to your demands?
Reactions have varied at different government levels. We’ve had very productive talks with local politicians who have shown openness and understanding. But at the federal level we’ve faced a harsh and criminalising public discourse. Last Generation is being called a criminal group and increasingly treated as such.
We face accusations that we are hurting the cause of climate protection because our tactics are scaring people away. But it’s not true. The government is just trying to shift the focus from the substance of our demands to the form of our actions and avoiding our questions of why we still don’t have a speed limit and why we still don’t have proper affordable public transportation even though we have the resources for it.
The fact that our government isn’t willing to act as the climate emergency demands and is instead turning against us is the main challenge that we as climate activists currently face.
How is the government criminalising climate activism?
There are between 3,000 and 4,000 cases coming to court soon, mainly connected to street blockades. In Germany, this kind of spontaneous demonstration is protected by law, but once the police intervene and tell you to leave, it’s not so clear whether the assembly continues to be legally protected. There are also accusations of vandalism on the basis that people have damaged walls by spray-painting them.
A serious accusation being used against climate activists is that of being part of a criminal group. Based on section 129A of the German Criminal Code, when the police start an investigation on these grounds they can listen to your phone calls, read your messages and search your homes. This is weird because Last Generation is so transparent that anything the government would like to know about us – our structures, our funding, our planned protests – is publicly accessible. We have nothing to hide.
This June, some of us experienced searches of our homes, our website was taken down, our bank accounts were frozen and we had work materials confiscated. Activists are struggling because it’s scary to feel that the police could force their way in, search your entire home and take away whatever they want.
A friend of mine, Simon Lachner, was recently taken from his home to the police station and kept there for the entire day, just because he had publicly announced a protest scheduled for that afternoon. In Bavaria, people have been repeatedly taken into preventive custody for long periods of time to keep them from protesting. This form of preventing protests is becoming more common.
What kind of support are you receiving, and what further support would you need to continue your work?
The criminalisation of peaceful protests organised by people who aren’t trying to hurt anyone but who want to protect lives elicits instant solidarity. Thousands of people have joined Last Generation’s protest marches. Frozen funds have been almost fully replaced by donations pouring in. People contact us to ask how they can play their part in climate activism.
We’re also part of the A22 international network of climate movements that use civil disobedience tactics, and this also supports us, especially in the face of criminalisation. Other organisations from all around the world are reaching out to us and offering help such as legal support.
What we need is for everybody to consider their potential role in building a more resilient society. One of the most efficient ways to fulfil our collective responsibility is by exercising our right to protest within a democratic system.
Civic space in Germany is rated ‘open’ by theCIVICUS Monitor.
Get in touch with Last Generation through itswebsite orFacebook page, and follow@AufstandLastGen onTwitter.
-
HONDURAS: ‘We must address the roots of the conflict: the handing over of natural resources’
CIVICUS speaks about the criminalisation of environmental, land and territorial defenders in Honduras with Edy Tábora, director of the law firm Justicia para los Pueblos (Justice for the Peoples) and coordinator of the group of defence lawyers of eight defenders of the Guapinol river who were recently released from detention.
Why were the Guapinol defenders criminalised?
The case of the eight Guapinol comrades deprived of their freedom is one of the most revealing expressions of the conflicts around mining and energy and the dispossession of land and natural resources in Honduras. Along with that of Berta Cáceres, the Guapinol case is one of the most significant ones.
Berta’s case, which culminated in her assassination, was the first in a new wave of criminalisation surrounding dispossession projects following the 2009 military coup. Her case displayed all the typical elements: stigmatisation, surveillance, rupture of the social fabric, criminalisation. The same pattern can be seen in many parts of Honduras.
After the coup, there was a privately conducted exploration of mineral deposits and businesspeople realised there was a lot of money to be made here. In the case of Guapinol, the process kicked off with the granting of an iron oxide mining concession – one of the largest in the country – to Los Pinares, a holding company registered in Panama, owned by an extremely wealthy Honduran family. Its mining business was developed jointly with the US company Nucor.
Nucor claims to have withdrawn from the project in late 2019 due to the conflict triggered by the criminalisation of the Guapinol defenders, but there is no evidence of this and we do not believe it to be true. Los Pinares is simply the mining arm of a company whose power comes from airport concessions at home and abroad. It is a company with high-level political connections, and with so much power that in 2013 it succeeded in getting the National Congress to change the delimitation of the core zone of a national park.
On 22 April 2013, the day before a new mining law came into force, applications were submitted for the two mining concessions related to the Guapinol case, both located in the core zone of the Montaña de Botaderos National Park. This had been declared a national park in 2012, as part of a ‘friendly settlement’ with the relatives of Carlos Escaleras, a social leader and environmental defender active in the 1980s and 1990s, who was assassinated for defending this mountain. The statute of the national park, which bears the name of Carlos Escaleras, prohibited the granting of mining concessions in its core zone and even its buffer zone.
However, in 2014, engineers began to arrive on the mountain to collect information and check how deep down metal was deposited. People noticed this, began to demand an explanation and organised in the Municipal Committee of Public and Common Goods of Tocoa.
In June 2016 they began to file complaints; some were filed by the Guapinol defenders who ended up in prison. They requested information from the institutions in charge of granting mining permits but only obtained some information in November 2019, after three years of back and forth. Tired of not getting answers, in June 2018 people started protesting at the Municipality of Tocoa Colón. It was then that systematic surveillance by the national police and Los Pinares security began.
In August 2018, the Honduran Council of Private Enterprise held press conferences in which it complained to the government about an alleged loss of 20 billion dollars caused by ‘vandals’ protesting in various parts of Honduras.
Criminalisation was a nationwide strategy, but the criminalisation of the Guapinol comrades was the most serious case. On 8 September 2018, the Public Prosecutor’s Office presented the first accusation against 18 comrades for the crimes of usurpation, damage and usurpation of public space. Los Pinares appeared in the hearings as the accuser. Fourteen comrades were put on trial and all their cases were closed, but the fact that they were accused enabled the illegal eviction, in October 2018, of the Camp for Water and Life, one of many set up around Honduras. This was one of four charges brought by the Public Prosecutor’s Office as part of the strategy to criminalise resistance movements against mining and energy projects.
In January 2019, in response to a complaint filed by Los Pinares, the Public Prosecutor’s Office filed another indictment against 32 people, including eight Guapinol comrades. The nature of the charges changed: it was no longer about usurpation of public space but about organised crime. Human rights defenders were now treated as taking part in organised crime, with charges including criminal association, theft, damage, unjust deprivation of liberty and aggravated arson. The case was assigned to the Specialised Court for Organised Crime, which meant it was transferred from local to national jurisdiction, in violation of the right to be tried by one’s natural judge.
Of the 32, a first group voluntarily submitted to trial in February 2019 and was kept in prison for only 10 days before the accusations against them were dismissed. The Guapinol eight, however, despite having voluntarily submitted to trial, were subjected to arbitrary detention from 26 August 2019 until 24 February 2022, when they finally regained their freedom.
What did civil society do to secure their release?
During the pandemic, Guapinol was one of the most high-profile cases globally. Not even the pandemic could stop our comrades’ defence. We quickly moved our activities online, and by late April 2020 we were already filing habeas corpus writs for our comrades’ right to health, alongside international organisations. Even under these conditions, we managed to set up discussions with important organisations, and three months after the pandemic began, we restarted our advocacy work, which meant that by the time the trial started, the case had become very well known around the world.
Initially the case was promoted by the Coalition Against Impunity, which brings together more than 50 Honduran civil society organisations (CSOs). Later, many CSOs joined a kind of international support group for the case.
First, we publicly denounced the violence and criminalisation against the Municipal Committee. Second, before our comrades were imprisoned, we documented the irregular granting of concessions for natural resources. Third, alongside several Honduran CSOs, we organised our comrades’ legal defence. A working group was then organised including national and international CSOs to support the defence. A lot of advocacy work was done, both nationally and internationally, to convince the public that this was a very important case and to counter the company’s account of the violence allegedly committed by our comrades.
Documentary and testimonial work was crucial to expose our comrades’ real activism. We had many meetings with international CSOs. Canadian, US and European organisations and academics reported on the concession and the legal process. International CSOs filed amicus curiae – friend of the court – briefs with Honduran courts. We participated in multiple forums with national and international organisations.
Many actions converged to create a powerful wave of demands for our comrades’ release. CIVICUS’s and Amnesty International’s campaigns, for example, allowed us to reach wider audiences. When the trial came, the case was widely known, and less than 24 hours after the end of the trial, in which our comrades were convicted with two thirds of the court’s votes, the Supreme Court of Justice annulled the whole process and ordered them to be released.
This was an unprecedented decision, surely motivated by the strength of the demand for their freedom and by the evidence presented, both in and out of court, which demonstrated that our comrades were innocent and that they fight for a just cause that is of great interest to humanity.
Are there other cases like the Guapinol case in Honduras?
There are many defenders criminalised for defending land, including some from the Garífuna people, a marginalised minority, but they are not in prison. Many comrades were also imprisoned for defending democracy in the aftermath of 2017’s electoral fraud: around 30 people were imprisoned in maximum security prisons, but they are currently free. Most pending cases are being closed as a result of an amnesty issued by the National Congress in February 2022.
In that sense, the Guapinol case was an exception, because this amnesty did not apply to them. What’s important about this case is that we managed to close the process by defending ourselves even with the highly questionable tools offered by the Honduran judicial system.
However, there were other cases at the same time as Guapinol, such as that of the Indigenous comrades of the Lenca people in the department of La Paz, who were accused of forced displacement. They were imprisoned for more than a year for a crime that is the craziest thing I have ever heard: they were accused of displacing landowners. The Public Prosecutor’s narrative uses the made-up concept of ‘reverse racism’, according to which Indigenous peoples can also commit discrimination against minorities within their communities – the minority in this case being the landowners.
Do you view Guapinol as part of a pattern of criminalisation against environmental defenders?
We have detected patterns of criminalisation by sector in the cases we have monitored. For example, between 2011 and 2016 one of the most criminalised sectors was the student movement mobilised in defence of public education. Some 350 students, mostly university students, were criminalised.
In the case of environmental defenders, we were able to document several patterns of criminalisation. Again and again, prosecutions were initiated only a few days after pronouncements by companies or employers’ organisations. The behaviour of the police and the Public Prosecutor’s Office has also been similar in all cases, with an initial focus on eviction and accusations changing over time following the same pattern. The narrative peddled by companies is always the same as well, often because they share the same lawyers.
Criminalisation follows different patterns depending on the interests affected. The crimes people are accused of when challenging mining interests differ from those used to dispossess communities of land for the construction of tourism megaprojects or the plantation of African palm in the Atlantic zone, and from those used against peasants claiming access to land and crops.
However, all the groups criminalised over the past 15 years have something in common: their resistance to the project, promoted since the 2000s, of handing over natural resources to private companies. Land grabbing was politically supported the state following the coup: from that moment on, national regulations were made more flexible to facilitate dispossession and the national police and the security forces of the Public Prosecutor’s Office and the judiciary were placed at the service of the private sector, which used them to criminalise land rights defenders.
Has there been any improvement in the situation of environmental defenders since the new government came to power in January 2022?
The new government brought several positive changes. First, while we had already achieved the closure of several emblematic cases, it decreed an amnesty that resulted in the closure of most legal proceedings against defenders, although there are still some cases pending.
Second, the new government has put an end to the state’s stigmatisation of land struggles, which used to make use of information obtained by state security forces. And third, for the time being the government has not tackled conflicts with violence. People who protest are not being repressed.
In recent years state violence was deployed to manage social protest, private violence was reflected in the assassination of defenders, and hybrid violence was seen in the area of surveillance. Over the four years of the current government we may no longer witness violent management of social protests, but there is a chance that state violence will be replaced by private corporate violence.
What are the challenges ahead?
The challenge right now is to address the causes of criminalisation. We have worked to defend and support our comrades criminalised by the state and private companies, but we have never been able to address what’s at the root of the conflict: the handing over of natural resources. Preventing the criminalisation of defenders is a big step, but we must address the issue of concessions, which in fact continue. Approved projects are waiting to be implemented. If we don’t seize the moment to address this problem, then when the government’s political colour changes, private companies will come back stronger and criminalisation will intensify.
Moreover, social movements are worn out after 12 years of resistance against the handing over of natural resources. There must be accountability, reparations for victims and guarantees of legal security for defenders to be able to do their work. The hostile legal framework for exercising rights and defending human rights that has been established in recent decades must be reversed.
Civic space in Honduras is rated ‘repressed’ by theCIVICUS Monitor.
Learn more about the Guapinol case on itswebsite and follow@Edy_Tabora on Twitter. -
ITALY: ‘Accusing activists of vandalism is much easier than implementing renewable energy policies’
CIVICUS speaks with Gabriella Abbate of Last Generation about climate activism and its criminalisation in Italy, a country that has recently experienced both drought and devastating floods.
Last Generation is an international network of climate activists using civil disobedience to compel governments to address the climate emergency by enabling citizen participation and financially supporting the global south as a primary victim of climate change that it hasn’t caused.
Why are climate protests on the rise in Italy?
Italy is heavily affected by climate and ecological crises: it experienced 310 climate disasters in 2022 alone, one of the main reasons behind them being the use of fossil fuels. The Italian government’s funding of fossil fuels has been steadily increasing, reaching €2.8 billion (approx. US$3 billion) between 2019 and 2021 and comprising 90 per cent of Italy’s total investment in fossil energy. Italy is the world’s sixth largest fossil energy lender, ahead even of Russia and Saudi Arabia.
In reaction to these energy policies, transnational activist networks including Last Generation, Extinction Rebellion and Scientists Rebellion are organising climate protests throughout Italy. They all use nonviolent civil disobedience tactics such as roadblocks, soiling with washable and vegetable-based paint and gluing. Last Generation is currently protesting to demand that the Italian government immediately cease public funding for fossil fuels and respect the agreements made by European Union member states in the 2030 climate and energy framework to increase the share of renewable energies, improve energy efficiency and cut greenhouse gas emissions.
What challenges are climate protesters facing in Italy?
A major challenge has been the criticism of our ways of protesting and the way we have been portrayed by the media. I think it is much easier to present someone as a vandal than to try to understand the root causes of the anger driving their action. The media and the state strongly exploit people’s lack of awareness regarding the innocuous materials used in the actions, such as vegetable charcoal, which leads to plenty of misinformation. However, more and more people are still joining our movement, perhaps driven by personal fear of the climate catastrophe, but also due to the realisation that the label of ‘eco vandalism’ is only a facade to mask the problem and that the negative consequences of our actions are minor and superficial.
On the other hand, the consequences of our activism being portrayed as violent and as acts of vandalism have been profound. There are currently three Last Generation activists facing trial for spraying the Senate building in Rome. They’re accused of ‘criminal damage’ and risk up to three years in prison. Never mind that the paint they used in the protest was washable.
In April, the Italian government introduced a new law specifically to punish climate actions seen as damaging monuments or cultural sites with fines ranging from €20,000 to €40,000 (approx. US$21,500 to US$43,000) and possible imprisonment for those caught in the act. In this regard, it should be noted that an essential part of Last Generation’s activism is to draw attention to one’s responsibility for one’s choices, which ends up accentuating the consequences of the actions we take. We take responsibility by not running away after an action, and this puts us in an even riskier position. Another tool used by the Italian state is indictment for ‘criminal conspiracy’, a charge historically used against the mafia.
The Italian government criminalises climate activists because by doing so it can continue avoiding its responsibilities regarding the wellbeing of its citizens. Accusing activists of vandalism is much easier than implementing renewable energy policies.
How does Last Generation support activists so they can continue mobilising for climate action?
Last Generation supports prosecuted activists by using funds from donations to pay their legal fees and hire experts to help them navigate court proceedings. We also share information about their cases on social media to gather international solidarity and support.
How do you connect with the global climate movement?
Last Generation is part of the A22 coalition, an international network of nonviolent civil disobedience campaigners, all of which demand their governments adopt measures to address ecoclimate collapse. The coalition was established in 2022 and it already includes at least 10 different campaigns advocating with governments in Europe, the Pacific and the USA.
Within the coalition we share not only strategies and best practices but also victories, such as that obtained in the Netherlands last month. In April, following months of continuous campaigning by our Dutch allies, Schiphol Airport decided to ban private jets and night flights from 2025. It is setting new rules that establish clear limits on noise and emissions and has dropped plans to build an additional runway.
This network is a great source of support. We help each other increase the visibility of our campaigns. It has certainly helped us attract more people to Non Paghiamo il Fossile (We Don’t Pay for Fossil) and other environmental campaigns in Italy and beyond.
Civic space in Italy is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with Last Generation through itswebsite or itsFacebook page, and follow@ultimagenerazi1 onTwitter.
-
MEXICO: ‘When climate activism threatens powerful interests, it is labelled on the same level as terrorists and drug traffickers’
CIVICUS speaks about the role of civil society and its expectations for the upcoming COP28 climate summit with María Reyes, a young human rights and environmental activist from the Mexican state of Puebla.
María is part of the Indigenous Figures (Futuros Indígenas) collective, made up of peoples, including young people, from Mexico and Central America. She participates in the global south division of Fridays for Future (FFF), an organisation that fights for environmental justice and advocates for action in the face of the climate emergency.
What are Mexico’s main environmental problems?
Generally speaking, Mexico is very vulnerable to the climate crisis. Water scarcity is a central issue, partly caused by droughts, but also by infrastructure problems, as many people do not have access to piped drinking water, and by very poor distribution and overexploitation of aquifers by private companies. If we add to the existing drought the fact that in many communities there are companies that obtain concessions through non-legal and non-transparent means and appropriate the little water that is left, the situation for people becomes unbearable.
Mexico is one of the most dangerous countries to be an activist and environmental defender. In the southeast of Mexico there is a series of transnational extractive megaprojects, such as the Interoceanic Corridor and the ‘Mayan Train’, which threaten the environment through logging and water extraction, and displace wildlife, expropriate territories and resources, harm people and commit human rights violations. Local communities, particularly Indigenous communities, are criminalised when they oppose these megaprojects that are imposed on their territories without any consultation and without their consent or through the staging of rigged consultations.
-
NORWAY: ‘On top of being environmentally irresponsible, deep-sea mining is unlikely to be profitable’
CIVICUS speaks with Martin Sveinssønn Melvær, Materials and Industry Lead at the Bellona Foundation, about the bill recently passed by Norway’s parliament to allowcommercial-scale deep-sea mining.
The Bellona Foundation is an independent civil society organisation that seeks to meet climate challenges by identifying and implementing sustainable environmental solutions.
What’s wrong with commercial-scale deep-sea mining, and what should be done about it?
The main problem with deep-sea mining is that it is starting up too fast, without fundamental knowledge about impacts on biology, ecosystems and carbon sinks. It entails a high risk of severe environmental consequences such as massive carbon emissions, the degradation of fish stocks and the extermination of potentially key species – including some that, for all we know, could have provided a cure to the next pandemic.
Exploration and mining should be banned until the science base is sufficient to understand their impacts and how to mitigate them, and until preservation areas have been established. If science turns out to show that deep-sea mining can be done responsibly, it should be allowed to proceed, but it would still have to be strictly regulated.
A second problem is the way deep-sea mining has been pushed in Norway. The government vastly exaggerates the amounts of mineral resources in Norwegian waters. The Geological Survey of Norway has stated that the Norwegian Offshore Directorate’s estimates have not been done according to established standards and they are exaggerated and therefore misleading. Independent experts have supported this claim and pointed out that if a private company had used a similar method to the Offshore Directorate, it would have qualified as fraud.
A third problem is timing. The rush to allow deep-sea mining is based on a gross miscalculation. Seabed minerals are presented as a solution to the shortage of metals needed for the green transition. But forecasts by the International Energy Agency and other serious sources indicate that the mineral bottleneck, in which mineral supply will have problems meeting demand, will last about 10 or 15 years, while the most optimistic estimates indicate that commercial seabed mining in Norwegian waters will only be able to start between 15 and 25 years from now. The technology needed for deep-sea mining is still very immature and history shows that it takes many years of development to move new technology to an industrial scale. At Bellona, we believe the solution to the mineral bottleneck is not deep-sea mining but a strong focus on circularity combined with more sustainable mining practices on land.
Why has the Norwegian government rushed to allow commercial-scale deep-sea mining?
It’s difficult to understand why the Norwegian government would rush this process. My impression is that it’s overly eager to find a new industry that can create jobs as the oil industry declines, not realising, or not wanting to realise, that on top of being environmentally irresponsible, deep-sea mining is unlikely to be profitable. Even the main Norwegian oil company, Equinor, has warned against deep-sea mining and referred to the precautionary principle, which calls for the adoption of precautionary measures when scientific evidence about an environmental or human health hazard is uncertain and the stakes are high.
Something that should also be factored in is strong pressure by Offshore Norge, the oil industry’s lobbying organisation. Although the main oil companies have not shown much interest in deep-sea mining, Offshore Norge has promoted it very actively. You could call it ‘petroholism’. Our government is used to giving the oil industry everything it wants.
How have Norwegian environmental organisations advocated against the bill?
We have participated in public hearings and drawn media attention to the major knowledge gaps and flawed governmental process. We have met with politicians and presented the facts, and although many politicians have listened, the government managed to gather enough support to pass the bill.
Thanks to our advocacy, the bill passed in a slightly improved version that requires parliament to approve the first mining licences before mining can start. This gives us further space for continuing advocacy. We will keep fighting to stop licensing when time comes for parliament to discuss their approval.
How have key stakeholders reacted to the new law?
There has been a lot of criticism of the Norwegian process from various sources. Norwegian companies such as Morrow Batteries have signalled that they don’t want seabed minerals, while others, such as Storebrand Asset Management, have directly criticised the process.
At the European level, many have reacted strongly. European Parliament members have voiced criticism. Two famous French activists, alongside actor Lucas Bravo, have criticised the process and travelled to Norway to protest. An online petition by Avaaz gathered more than 550,000 international signatures.
Deep-sea mining should be stopped until current knowledge gaps have been filled. We encourage everyone to support a global moratorium on deep-sea mining.
Civic space in Norway is rated ‘open’ by theCIVICUS Monitor.
Get in touch with Bellona through itswebsite or Facebook page, and follow it onTwitter andInstagram.
-
Report: Civil Society Rights and the Extractive Industries
People’s rights to organise, speak out and take action are being extensively violated in a large number of member countries of the Extractive Industries Transparency Initiative (EITI). The CIVICUS Monitor, a new online tool to track and compare civic freedoms on a global scale, shows that the space for civil society - civic space - is currently seriously restricted in 38 of 51 EITI countries, as of May 2017.
Civil society organisations (CS0s) and human rights defenders in most EITI member countries face serious obstacles, including threats to their personal safety, denial of the right to protest, surveillance and censorship, as a direct result of their nonviolent activism. The fact that civil society’s fundamental rights are seriously violated in so many EITI countries is alarming, given that the EITI seeks to promote “accountability by government to all citizens” and explicitly recognises the “important and relevant contributions” of non-governmental organisations. The level of restrictions revealed by this report presents a direct challenge to the viability of the EITI and raises serious questions about member states that are routinely failing to protect CSOs and in many cases treating them as adversaries.
The EITI should recognise the threat the violations documented in this report offer to its credibility and viability as an international multi-stakeholder initiative. It should respond by taking increased steps to ensure that the protection of CSOs and activists becomes a priority in all its member countries.
CIVICUS recommends that EITI:
- Enhances its requirements for multi-stakeholder engagement in a way that contributes to the creation of a more robust civic space. In doing so, EITI should ensure that CSOs enjoy the “full, free, active and effective engagement” they are meant to have within country-level multi-stakeholder groups;
- Ensures that all member governments engage fully and meaningfully with CSOs and implement the recommendations made in the review of multi-stakeholder groups carried out by MSI Integrity in 2015;
- Applies existing requirements more strictly and consistently to make sure that conditions for meaningful civil society participation are met in member countries;
- Promotes an early validation process against the EITI Standard - the requirements that apply to all EITI member countries - for all those countries in which civic space is seriously restricted;
- Prescribes corrective actions to governments of countries where there are serious civic space restrictions and closely monitors their progress in implementing recommendations; and
- Credibly applies or threatens to apply sanctions, including suspension, towards countries failing to make discernible progress in upholding fundamental civil society rights
-
SOUTH AFRICA: ‘We were denied the right to give or refuse our consent, so we took Shell to court – and won’
CIVICUS speaks about civil society’s recent court victory against Shell in South Africa with Sinegugu Zukulu, programme manager of Sustaining the Wild Coast (SWC). SWC is a South African civil society organisation that works with coastal communities of Eastern Mpondoland, South Africa, to protect their land, livelihoods and culture.
What inspired you to become an environmental activist?
My personal story made me become an environmental activist. I grew up on communal land, where people shared everything and people could depend on each other. People in my community had little education. I was one of the few lucky ones who were able to attend university. However, people were good at sharing. They practised ubuntu, a concept that refers to our shared humanity and the way we see our humanity reflected in each other. Among us everything is shared, from the water we drink to the land where we grow our crops.
The fact that I grew up in a community where we all took care of each other and shared everything made me who I am. As I got an education while most didn’t, I found I could use it to give back to my community. Because people in communities like mine were so poorly educated, governments could do whatever they wanted. So I decided to step up for my people and help them understand their rights and protect themselves.
It was only natural for me to focus on environmental rights, as I got my degree in environmental studies. When the government started a project to build a highway cutting through my community, I brought a case to the High Court. Unfortunately, this was not successful and we are now renegotiating to have the road rerouted.
Why is it important to protect South Africa’s Wild Coast?
All our coastal communities rely on the Wild Coast for their livelihoods. For most coastal communities, the Wild Coast is also their source of income: they sustainably profit from the environment, for instance by catching fish and selling it in villages and to tourists. The tourism industry employs many people, so this is another way in which people depend on the coastline.
Additionally, the Wild Coast holds spiritual meaning. People training to become traditional healers go to the coast to get in contact with their ancestors. We believe the ocean is our final resting place, so our ancestors lay there. Saltwater is used in most healing practices.
Due to the number and diversity of its marine species, the Wild Coast is also a marine protected area. The extraction of fossil fuel has the potential to destroy it, on top of contributing to climate change when it’s burned. So we should also protect the Wild Coast from extraction for the sake of the Earth.
What challenges did you face when campaigning against Shell?
Just like any other government, South Africa’s wants to attract investment, particularly by multinational corporations such as Shell, with which it has a great relationship. That’s why our court case set us not just against Shell but also against our government.
A big challenge was the government’s delegitimising narrative. The Ministry of Mineral Resources and Energy labelled us as ‘anti-development’. The government refused to listen to us and to have an open dialogue about Shell’s potentially negative impact on coastal communities.
We wanted to have Shell’s exploration permit revoked because we saw it as a threat to our livelihood and to a safe environment. You just need to google what happened with Shell in Ogoniland in Nigeria and you will understand our concerns. We don’t want an oil spill on our coasts.
South Africa has good environmental legislation, but much of it is lacking in implementation, so that is what the environmental movement focuses on. The law is very clear; our constitution says we have the right to a safe and healthy environment. If someone wants to do something on our land, we should be consulted, and we weren’t. We were denied the right to give or refuse our consent, so we took Shell to court – and won.
South African civil society enjoys the freedoms needed to challenge the government in court. But financial resources were critical. We had no money to travel to communities and mobilise them, so we did all our mobilisation work through social media, where we provided information, published press releases and shared videos. We had to look for a law firm that was able and willing to take this matter to court, and that would agree to take the risk even if there were not enough financial resources. Fortunately, we were able to find several legal firms that were willing to come to our rescue. These are firms that prioritise human rights issues and support litigation by Indigenous communities, and fortunately the judges required Shell and our government to pay our litigation costs.
What does this victory mean for South Africa and the environmental movement?
This victory means a lot in terms of our right to self-determination as guaranteed by the United Nations, as it made it clear that free, prior and informed consent must always be sought. It also ratified our constitutional right to a safe and healthy environment.
It is a victory not just for us but also for future generations. We are working so that their right to a safe and healthy environment will also be protected.
We are now working on a documentary about our struggle, which we plan to launch at the upcoming conference of the parties to the United Nations Framework Convention on Climate Change (COP27) in Egypt, although we lack the resources to travel there. We would love to inspire Indigenous communities elsewhere to also rise up and defend their territories. By doing so we will be ensuring life on this planet continues to be possible.
What kind of support do South African environmental activists need from the international community?
The most important thing we need right now are financial resources to continue doing our work.
We also need international partners and support. Shell is a British company, but the UK government has no problem with it going around the world searching for more fossil fuels, in the middle of a climate crisis. These first-world multinational companies are going to third-world countries to extract ever more profit at the cost of compromising our livelihoods and worsening climate change. As always, the real victims are the poorest people.
This has got to stop. Organisations from the countries where these companies come from should work with us and pressure them to stop. Corporations should move to safer energy sources; fossil fuels are not the answer anymore.
Civic space in South Africa is rated ‘obstructed’ by the CIVICUS Monitor.
Get in touch with Sustaining the Wild Coast through its website or Facebook page.
-
THE NETHERLANDS: ‘People are beginning to realise that we need real and systemic change’
CIVICUS speaks with Sieger Sloot, an actor and climate activist from a Dutch branch of Extinction Rebellion (XR), about climate protests and the criminalisation of climate activism in the Netherlands.
XR is a global decentralised network of climate activists working to compel governments to address climate change and prevent biodiversity loss and ecological collapse through the use of non-violent civil disobedience tactics.
What forms of protests has XR deployed in the Netherlands, and what have you achieved?
In the Netherlands, XR organised over 300 protests in 2022 alone. One of the most successful was a blockade of the A12 highway in The Hague city centre. We were 30 people when we started blocking the road last June, and since then, the number of participants doubled or tripled every time, so we grew exponentially. On 11 March 2023, around 4,000 protesters blocked the same spot.
It is XR’s strategy to use non-violent disruptive actions like blockades to draw attention to the climate crisis, and especially to the €30 billion (approx. US$32.9 billion) annual fossil fuel subsidies provided by the government. These attract way more media coverage than regular protests. The Dutch law allows a great deal of protesting and XR is actively investigating the limits of what is allowed.
These forms of protest have had a huge effect on Dutch society. For the first time we witness mainstream media talking about fossil fuel subsidies. Some 400 Dutch economists wrote an op-ed on why and how fossil fuel subsidies should be terminated. Members of parliament are making proposals for ending fossil fuel subsidies. The Dutch Secretary for Climate has announced a press conference on the climate crisis. A wave of famous musicians, actors, writers and directors are joining the XR movement. So our tactics are proving to be quite effective.
What are your demands to the Dutch government, and how has the government reacted?
The Dutch government promised to end fossil fuel subsidies in 2020 but still hasn’t done it, so with every blockade XR demands it end all fossil fuel subsidies immediately, or otherwise the protesters won’t leave. Until now, the government hasn’t complied with our demand. Instead, police have arrested protesters who weren’t willing to leave and fined others. They also used water cannon to disperse crowds and tried to infiltrate XR.
Over the past months, between 40 and 50 climate activists have been prosecuted in the Netherlands. The accusations vary from vandalism, which can be just about spray paint, to not following police orders and trespassing, all the way to sedition.
This included eight activists arrested for sedition because they posted on social media about their intention to go to the protest and block the highway. This had never happened before: it is a totally unprecedented attack on free speech and freedom of assembly. This provoked a lot of anger among Dutch people, since according to both Dutch and European Union law it’s allowed to block roads while protesting. Over 70 civil society organisations showed their solidarity with XR following the arrest of those eight activists by joining the A12 protest.
I think the Dutch government is criminalising climate activists just to ‘restore law and order’, but it has totally backfired on them. The District Attorney (DA) is prosecuting the eight activists, probably to make a case that not all ways of protesting are allowed – even though XR’s actions are always non-violent. We’ve had some quite violent farmers’ protests in recent years, but it seems that the DA didn’t dare to make a case against them. Of course they have tractors and aren’t as easy to target as climate activists.
What kind of support are your receiving from international allies?
We get a lot of international support online, which is absolutely awesome. Right now, I think we’re really thriving and growing rapidly. It feels as if XR is becoming more and more accepted and mainstream every day. Along with other activists I’ve started giving ‘Headed for Extinction’ talks to all kinds of people, which translated into more attention for our story from people in power and in the media. More and more people are now joining us because they see it’s the logical thing to do. A lot of powerful and smart people are beginning to realise that we need change, real and systemic change.
Civic space in the Netherlands is rated ‘open’ by theCIVICUS Monitor.
Get in touch with XR through itswebsite orFacebook page, and follow@ExtinctionR onTwitter.
-
UGANDA: ‘Shrinking civic space means affected communities are not able to make their voices count’
CIVICUS discusses the hopes and roles of civil society at the forthcoming COP28 climate summit with Ireen Twongirwe, a climate activist and CEO of Women for Green Economy Movement Uganda (WoGEM).WoGEM is a community-based civil society organisation (CSO) dedicated to advocating for and promoting women’s and girls’ participation in a greener economy. It brings together vulnerable women and girls and equips them with knowledge and capacities to engage in the search for sustainable community livelihoods and climate change mitigation and resilience efforts.
-
UGANDA: ‘We’ll participate in COP28 to pressure world leaders to divert funding away from oil and gas’
CIVICUS speaks about recent developments involving the East African Crude Oil Pipeline (EACOP) project and civil society’s efforts to stop it with Zaki Mamdoo, Campaign Coordinator of Stop EACOP.Established in 2020, Stop EACOP is a coalition of Ugandan environmental and climate justice organisations that oppose the pipeline project due to the significant threats it poses to protected ecosystems, water resources and community lands across Tanzania and Uganda.
What are your coalition’s aims?
Our aim is to halt the construction of EACOP to avert the catastrophic environmental and climate consequences associated with the pipeline and safeguard human rights and communal territories.
To achieve this, we employ a multifaceted strategy: heightening public awareness, exerting pressure on financial institutions and raising their reputational costs so they distance themselves from the project, mobilising impacted communities and rallying to force governments and oil corporations to suspend the project.
A cornerstone of our approach is engaging with young people. Our partner programmes in both Tanzania and Uganda are focused on youth. We proactively seek out young people in various initiatives, including security training sessions. Recently, we’ve identified student leaders from various universities who had organised to spread awareness about the project’s impacts among their peers. We are actively pursuing funding and other opportunities to bolster their efforts.
Internally, we give space to youth representatives to contribute their perspectives. We’re committed to amplifying young voices and offering avenues for their growth and development as activists. A reflection of this is that I am 26 years old and trusted with the leadership as campaign coordinator.
How has the situation evolved since welast spoke over a year ago?
There have been significant changes over the past year. Drilling has started in one of the most important biodiversity hotspots. One of the companies leading the project, French energy conglomerate Total Energies, has launched oil drilling in Uganda’s Murchison Falls National Park, home to diverse animal and bird species, including elephants, giraffes and lions. Its ecological significance is heightened by the presence of the Murchison Falls-Albert Delta Wetland System, essential for Lake Albert fisheries.
The pipeline threatens the park’s biodiversity and tourism appeal. It will also have economic impacts, as the park is a major contributor to Uganda’s economy, accounting for 59 per cent of exports and having generated over US$1 billion in revenue in 2022.
Negative consequences are already evident, with displaced elephants damaging crops and posing threats to human lives in nearby communities. Tragic incidents involving elephants have already occurred in Buliisa district, where the park is located.
This is clearly just another a case in which profit is prioritised over environmental and socioeconomic considerations.
Our demands, however, remain unaltered: we adamantly call for the project’s complete cancellation due to its intolerable environmental and human risks. And while governmental authorities have largely remained unresponsive, we’ve achieved progress with financial institutions. Remarkably, 27 banks have already denied funding for EACOP, and an additional 23 major insurers and reinsurers have declined to support the pipeline.
What restrictions do Stop EACOP activists face?
We operate in fairly restrictive environments in which the freedom to protest is often violated. Recently, for instance, four of our activists were forcibly arrested on charges of ‘inciting violence’, transported in police vehicles and kept in jail overnight for protesting against the pipeline in Kampala, Uganda’s capital.
The activists, three women and one man, were protesting peacefully, but their arrests were unnecessarily violent. It must be emphasised that only four protesters were involved, so the degree of force applied was clearly excessive, yet not entirely unexpected. Historically, Ugandan authorities have responded aggressively to any demonstrations perceived as anti-government, in line with a dictatorial regime indifferent to public sentiments or alternate viewpoints. This reaction is not unprecedented, although it’s intriguing that the government seems threatened by even small-scale protests like this four-person event.
But this won’t stop us: we will continue to demonstrate peacefully. Several of our members maintain a fund to secure bail or engage lawyers whenever activists are arrested. We arrange legal representation and explore the possibility of anticipatory bail when possible. However, given the sporadic nature of these protests, support is often provided post-arrest. We’ve also partnered with organisations that specialise in security training so that we can provide tools for advocates to voice their concerns without jeopardising their personal safety.
How do you connect with the global climate movement?
We connect with climate activists worldwide by sharing experiences and strategies and providing each other with support across borders. Global solidarity strengthens our efforts, so we appreciate any form of international backing for our cause.
What lies ahead remains uncertain, but as demonstrated in numerous instances globally, when we come together to back local communities as they advocate for their rights and a more promising tomorrow, there is a potential to counter even the largest of corporate giants effectively.
More than a million people have already raised their voices against EACOP. We believe that together we can stop it.
Are you planning to engage with the upcoming COP28 climate summit?
We’re deliberating on the optimal way to participate in COP28 to pressure world leaders to address the pipeline project directly and divert funding away from new oil and gas developments. I will be there to represent the campaign.
Despite controversies surrounding the summit’s leadership and lack of an enabling civic space in the host country, the United Arab Emirates, we are hopeful that substantive progress will be made. But we recognise that lasting change will require continued people-powered mobilisation. We’re committed to sustaining our fight for climate justice and environmental preservation in East Africa.
Civic space in Uganda is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with Stop EACOP through itswebsite and follow@stopEACOP on Twitter.