environment,

• COP27: ‘We shouldn’t even be discussing why civil society needs to have a seat in climate talks’

  CIVICUS speaks about civil society’s aspirations and roles in the upcoming COP27 summit with Polluters Out co-founder Ayisha Siddiqa.

  Polluters Out is a global coalition founded in 2020 in reaction to the negative experience of COP25, when young and Indigenous activists were removed from the venue. Its aim is to put pressure on world leaders to adopt policies to fight climate injustice and hold them accountable.

  What key environmental issues should be addressed by the upcoming COP27 summit on climate change?

  A key issue is loss and damage finance. I would like to see COP27 mobilising theSantiago Network on Loss and Damage, a multi-stakeholder coalition of civil society organisations (CSOs) and governments launched at COP25 in 2019 to facilitate and support the efforts of global south countries to address loss and damages associated with the adverse impacts of climate change.

  A large number of those are affected by climate change are Indigenous people and people in the global south, who contribute proportionally little to environmental problems. Global north countries should use their resources to help those that have been put in these unfortunate circumstances. They should pay up the US$100 billion they committed to at COP26 so global south countries can develop and implement mitigation and adaptation strategies, as well as early warning mechanisms to help people get life-saving information in time.

  We also need to start thinking about taxing the money corporations make by exploiting emergency situations such as wars, natural disasters and economic fluctuations and channel those funds towards climate financing.

  My work currently focuses on raising awareness about the issue of tax havens. Governments have pledged a lot of climate financing but most of that money comes from taxes. Estimates show that every year around US$600 billion – six times the current climate finance target – are lost because corporations and high-net-worth individuals are using tax havens to escape their responsibilities to give back to the communities that make their profits possible. They should instead be made pay their share, and the additional funds should be used to help communities affected by changing climatic conditions.

  Have you faced any restrictions as a result of your work?

  Prior to working on climate finance, I worked on fossil fuel de-proliferation. According to a report by the United Nations (UN) Intergovernmental Panel on Climate Change, coal, oil and gas account for 86 per cent of carbon dioxide emissions. This means governments should adopt strategies to phase out fossil fuels and adopt clean energies. But this would affect very powerful interests. Due to my work on this issue, I have faced challenges both in my home country, Pakistan, and abroad.

  I also advocate for a UN conflict-of-interest policy so that COP hosts cannot take money from the fossil fuel industry when organising the summit and lobbyists cannot influence COP outcomes. So far, every single COP has been sponsored by the very same people causing the climate crisis. As a result, the outcomes of these events have been diluted and have failed to address the key issues.

  For this work I have faced multiple restrictions traveling. Iam from a tribal community in northern Pakistan where fighting against dams and coal and pipelines puts people’s lives in danger.

  Why is civil society participation in climate talks important?

  Having people from the global south and members of Indigenous communities participate in climate talks is very important not just because they are the most affected by climate change but also because they are the main drivers of ambition for climate commitments.

  As civil society, our aim is to advocate for the good of people and the environment and hold those in power accountable. Civil society doesn’t only offer diversity – it also offers the tools, the language and the practical lens to push all of this forward. At the end of the day, every decision made in COPs affects everyone. Our lives are on the line so we should have a say. It is not only our right but also our duty to protect the earth. Quite frankly, we shouldn’t even be discussing why civil society needs to have a seat in climate talks.

  Do you think COP27 will offer enough space for civil society participation?

  I don’t. COP27 has been labelled as the ‘African COP’ and one would think that African environmental organisations and activists would be given a platform to participate freely and make their voices heard. This was anopportunity for the global south to speak for itself and it would be a shame if that was limited. Many young people have been unable to get accreditation while others don’t have the funding to attend.

  Holding a COP in a country with closed civic space such as Egypt is problematic, and the reality of a restricted civil society cannot be ignored.

  Climate change is an urgent matter that must be addressed with the participation of all relevant stakeholders, who should be able to play their part without any restriction on free speech or the freedom of assembly, among many other indispensable freedoms. But many restrictions have been placed on Egyptian CSOs and activists – even on organisations outside of the country. As a result, there will most likely not be meaningful civil society participation at COP27.

  The situation we are now in is the responsibility of both the UN and the African governments that nominated Egypt to host COP27. They have let COP become an obstacle to climate justice so states who bid to host the COP make money from tourism and get media attention without caring the least about the crisis at hand and the policies needed to tackle it.

  The process leading to COPs is very opaque: for instance, we don’t know who the official sponsors are until the COP president announces them. And when civil society shows up with all of the hard work it has done, it can easily be erased with one vote from one state party.

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  Get in touch with Polluters Out through itswebsite orFacebook page, and follow@Ayishas12 and@pollutersout on Twitter.

   

• 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.

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  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.

• ECOCIDE: ‘Perpetrators of environmental destruction should be prosecuted just like war criminals are’

  CIVICUS speaks with Jojo Mehta, co-founder and Executive Director of Stop Ecocide International and Chair of the Stop Ecocide Foundation. The Stop Ecocide campaign seeks to establish ecocide as an international crime. To that end, the Netherlands-based Stop Ecocide Foundation works with international criminal lawyers, researchers and diplomats to develop an up-to-date, clear and legally robust definition of ecocide and advocate for states to propose an amendment to international criminal law.

• 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.

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  Get in touch with Friends of the Earth Europethrough itsFacebook page and follow@foeeurope on Twitter.

• GHANA: ‘Work in the corner of your community has a potential to cause change at the top’

  Following a year marked by massive mobilisation on the climate emergency, CIVICUS is interviewing civil society activists, leaders and experts about the main environmental challenges they face in their contexts and the actions they are taking. CIVICUS speaks with Perk Pomeyie, a climate organiser, environmental advocate and artivist affiliated with the Ghana Youth Environmental Movement (GYEM), a youth-led environmental group that advocates and campaigns for a sustainable environment and a just world for the current and future generations. GYEM seeks to build an inter-generational network to find solutions to environmental challenges and confront the climate crisis. It focuses on bottom-up solutions and encourages the co-production of knowledge through participatory approaches.

  Perk has recently been selected to take part inCIVICUS’s Youth Action Lab, a pilot co-creation initiative that works on year-long projects with grassroots youth activists based in the global south to support their movements and help them become more resilient and sustainable by building solidarity and networks, strengthening capacities, engaging with policy processes and facilitating resources to support their movement.

  

   

  Can you tell us more about the work that you do?

  My work is part of the broader work of GYEM, a leading youth-led grassroots movement in Ghana. GYEM works by organising and coordinating young people from different backgrounds and empowering them with the tools, techniques and technology to run disruptive campaigns on environmental issues. GYEM addresses key ecological challenges such as poor waste management, various forms of pollution, deforestation and the impacts of climate change in different communities and regions of Ghana. It specialises in running high-impact training for non-violent direct action (NVDA) campaigns, which target state actors and decision-makers from both the government and business sectors.

  GYEM is composed of a youth-led Steering Group that mobilises logistics creatively, forging partnerships with other grassroots activists and community-based organisations to influence environmental change from the bottom up. It employs digital organising via social media and other NVDA tactics to deliver campaigns that challenge the status quo and offer both transformational and incremental community-led solutions that bring together scientific and Indigenous knowledge systems. GYEM also hosts the largest annual youth-led environmental summit in Ghana, Power Shift, which brings together grassroots activists from across the country to share ideas and collaborate on campaigns in various parts of Ghana.

  We do much of our work in collaboration with several other organisations, including Rocha Ghana, an environmental civil society organisation (CSO) focusing on practical conservation interventions in important ecological habitats and improving the ability of target communities to adapt to current trends in climate change; the Green Africa Youth Organisation, a youth-led gender-balanced advocacy group that focuses on environmental sustainability and community development; 350 Ghana, a leading environmental grassroots CSO affiliated to 350.org, aimed at mobilising and empowering young people in partnership with key stakeholders to champion the need to reduce our carbon emissions and promote renewable energy systems; and WaterAid Ghana, a CSO focused on providing people with clean water, decent toilets and sanitation.

  I am based in Accra, Ghana’s capital, but I work with diverse communities in different locations depending on the environmental challenge being addressed. Some of these include low-income groups who reside in informal settlements and are disproportionately affected by the impacts of plastic pollution and flooding. Another group I work with are frontline communities who face the impacts of climate change, such as drought, water stress and food insecurity. I also work in high schools and university campuses with student volunteers, aged between 12 and 25, who are passionate about the environment and require training and capacity to take action. Finally, I engage with CSOs working on various Sustainable Development Goals nationwide. Most of these are youth groups with leaders and members between 18 and 35 years old, working on initiatives and projects in areas such as conservation, plastic recycling, water, sanitation and hygiene (WASH) and climate mitigation and adaptation.

  What have been the biggest successes you have achieved?

  We have had several high-profile victories. In 2016, the government backtracked on a project, proposed in 2013, to build a coal-powered plant in a community called Ekumfi Aboano. The plant was going to pose health and environmental risks to the people there, and especially to children and women. We designed campaign messages, organised the community for NVDA and marched repeatedly. As a result, the government engaged GYEM in a discussion and halted the coal plant project in 2016.

  Secondly, in 2016, WaterAid Ghana approached GYEM in search of support to create awareness of WASH-based climate adaptation interventions. They wanted young people to design a campaign to draw the government’s attention to WASH issues in local communities and informal settlements, and tackle them as part of adapting to climate change. I contributed with my design work and communication strategies to a year-long campaign that reached more than 10,000 young people. This resulted in the National WASH Forum, which brought together local communities and political actors to work jointly towards the goal of addressing WASH problems as part of climate adaptation strategies.

  In 2018, I worked with other activists in an urban poor settlement in an area called Pokuase, to raise awareness about a water source in the community that was being threatened by road construction and other building work. This water source was vital because it served the community during the dry season. For the first time, attention was drawn to the impact of human activities on the river.

  Did you take part in the global climate mobilisations in 2019?

  Yes, in late 2019 I championed the first #FridaysforFuture and #SchoolClimateStrike campaigns in the northern region of Ghana. I organised and coordinated strikes in Damongo and Tamale. I designed creative graphics and campaign materials, which attracted more than 200 schoolchildren and young people to these global campaigns. This was important because it was the first time that children and young people in that part of Ghana came out in large numbers to raise their voice on the impacts of climate change and demand urgent action from their leaders. Northern Ghana is currently experiencing the worst impact of climate change in the form of droughts and food insecurity.

  Ours was one of the many #FridaysforFuture events that were held in Ghana. I think we’ve been successful in mobilising because we’ve used innovative approaches. Personally, I’ve used my skills in design thinking and graphic design and my expertise in non-violent communication and direct action. I communicate to reach my target on various social media platforms, while also mobilising communities for action on the ground with context-relevant messages to address specific environmental challenges.

  Before that, in March 2019, I helped bring together hundreds of grassroots activists from Ghana and activists from the International Youth Climate Movement from other parts of Africa, to campaign for climate justice and urgent climate action, during the United Nations (UN) Africa Climate Week. I think this has been so far the most important achievement of my work as an activist. This high-profile conference was hosted in Accra and was attended by African governments, international organisations and business leaders. During this week, I coordinated an NVDA training session for hundreds of young people, while leading a mass rally of about 300 activists to the summit venue to deliver a strong message to heads of governments, businesses and stakeholders of the UN Framework Convention on Climate Change to act on the climate emergency.

  I consider this as an important achievement because as a grassroots activist in Ghana, this was the first time I gained a strong personal conviction that my work in the little corner of my community has a potential to cause change at the top, if supported with the right tools, capacity and resources.

  What support do activists like you need from international actors, including international civil society?

  Personally, my work is self-financed. I use some income from my part-time self-employment as a graphic designer to support my activism. I design marketing materials for individuals and campaign banners for CSOs and get paid for it. I use a percentage of this to fund my work. Sometimes, family and friends also donate to support my work if I make a request. I have also financed my work through crowdfunding to help coordinate and implement projects and high-profile campaigns. So one area in which activists like me need support is in generating sustainable resources.

  We also need more opportunities to connect and network with other activists from the global south who may share similar solutions to particular challenges in their respective contexts, to interact with multiple actors and to learn to navigate complex policy processes in the areas in which we work.

  Civic space in Ghana is rated as ‘narrowed’ by theCIVICUS Monitor.
  Get in touch with the Ghana Youth Environmental Movement through itsFacebook page andblog, and follow@gyemgh on Twitter.

• 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.

• Honduras: Int. Law Experts file an amicus curiae brief requesting the cessation of criminal proceedings against the defenders of the Guapinol River

  🇭🇳#Honduras: Together with ten other human rights organisations we have filed an amicus curiae challenging the unjust and arbitrary detention of the #GuapinolWaterDefenders. They should be released immediately and all charges against them dropped https://t.co/fBulhcDXma pic.twitter.com/L2l99EEeNZ

  — CIVICUS (@CIVICUSalliance) November 17, 2021

  On November 17, 2021, eleven international human rights organizations^[1] filed an amicus curiae brief before the Constitutional Chamber of the Supreme Court of Honduras, arguing against the unjust, extensive pretrial detention of the human rights activists known as the Guapinol Environmental Defenders. The Defenders have spent over two years in pretrial detention for events related to a peaceful protest to protect water sources in the Carlos Escaleras National Park. The brief argues that the extensive detention prior to their trial has violated the Defenders’ fundamental constitutional and international human rights. Honduran courts repeatedly reject attempts to release the Defenders, most recently from the Sentencing Court in Trujillo on October 27, 2021. The case is set to be heard before the Sentencing Court in La Ceiba starting on December 1, 2021.

• OLYMPICS: ‘This was supposed to be a unifying event, but the reality is always more complicated’

  CIVICUS discusses the political, economic, social and human rights implications of the recent Olympic Games with UK-based academic, journalist and author David Goldblatt, whose latest book isThe Games: A Global History of the Olympics.

  The Olympics have long been a global celebration of sport and unity, but recent editions have sparked intense debate about their impact on human rights. While the Paris 2024 Games sought to highlight gender inclusivity, environmental initiatives and urban development, they also generated significant controversies. The exclusion of Russia and Belarus but not Israel and the displacement of people from excluded groups raised questions about consistency, fairness and respect for human rights. As the focus shifts to Los Angeles 2028, concerns remain about the lasting effects of the extensive security measures put in place for the Games.

  What are the Olympics for, and why are they important?

  The purpose of the Olympic Games has evolved over time. In the original model conceived by Pierre de Coubertin in the late 19th century, they were a neo-Hellenic celebration of Victorian athletic amateurism and a space for personal diplomacy among the elite. More than 120 years on, both sport and society have changed, and so has the International Olympic Committee’s (IOC) vision of the Games. Today, they are a cosmopolitan celebration of humanity through sport.

  Since abandoning amateurism in 1992, the IOC has linked the Games to several international issues, including support for universal human rights, international peace-making through the idea of an Olympic Truce, environmental sustainability with a focus on carbon neutrality and progressive urban development. Whether it succeeds in all these areas is another matter.

  The Olympic Games have also made significant progress in terms of gender inclusiveness, as they are no longer a male-only event. In recent years, there have been particular efforts to include more women as competitors and in television coverage, with Paris 2024 the first gender-equal Olympics. However, the issue of how transgender athletes should be treated remains unresolved, with highly controversial cases such as the Algerian boxer whose gender was questioned. This is a global sports problem, not just an IOC problem, and there isn’t a clear way out.

  The Games are supposed to be a unifying event, but the reality is always more complicated. The fact that Belarus and Russia were banned from taking part while Israel was accepted caused a great deal of controversy. It also seemed the focus of the event wasn’t on the athletes. Apart from global stars like Simone Biles and Léon Marchand, much of the attention was given to rapper Snoop Dogg, which is questionable for a multi-billion-dollar sporting event. The Games seem to be moving away from de Coubertin’s original vision and turning into a commercial television spectacle.

  What were the 2024 Olympics criticised for?

  The exclusion of Belarus and Russia raised questions of consistency, particularly in the light of Israel’s participation. While Israel argues it hasn’t violated international law and should therefore be treated differently to Russia, most of the world – and particularly the global south – disagrees. The IOC needs to rethink its criteria for participation, as there will always be ongoing conflicts and there should be clear rules about who can and can’t participate.

  Despite these problems, France handled protests reasonably well. Compared to the 2022 World Cup in Qatar, where pro-Iranian, pro-migrant worker and pro-LGBTQI+ protesters were severely repressed, pro-Palestinian protesters were allowed to make a statement with their T-shirts and flags. And it was definitely better than the 2008 Olympics in China, where there was no room for any kind of protest, even as the human rights situation was getting worse.

  Paris 2024 also showcased a diverse, multicultural and multiracial France, both through its athletes and in the opening ceremony. This display of diversity drew criticism from conservative groups and the French far right. But one thing is clear: once the Games began, attention shifted away from these issues, making it difficult for them to gain media visibility.

  What is your overall assessment of the event?

  It’s a complex assessment. One of the biggest problems with the Olympics is that they tend to cost much more than is budgeted for. But Paris 2024 managed to keep the budget under control. France aimed for a more modest Olympics, with a budget of around US$9 billion, making it one of the cheapest editions compared to London, Rio and Tokyo. Half of the money came from public funds and the rest from IOC sponsorship and ticket sales.

  Another positive aspect of Paris 2024 was that, unlike many other Olympic Games, it was explicitly linked to an existing urban development project. The only other notable case was Barcelona 1992, which was integrated into a wider urban plan. While the Paris model was not as comprehensive as Barcelona’s, it definitely stood out. Development plans focused on Saint Denis, France’s poorest region, with new public transport links and social housing in the Olympic Village expected to benefit the area.

  However, the extent to which these developments will contribute to a greener, more equitable Paris is still under debate. Houses in the Olympic Village are likely to be sold at prices local people can’t afford, and it’s not clear that the new jobs will benefit the people of Saint Denis. It’s likely to end up with a process of gentrification similar to what happened in Vancouver and London, where most of the housing is now owned by the Qatar Investment Authority and sold at prices locals can’t afford.

  What was the environmental cost of these Olympics?

  Paris made considerable efforts to reduce its carbon footprint. Although we don’t have the final data yet, it’s likely to be a significant improvement on previous editions – with the sole exception of Tokyo, where the COVID-19 pandemic prevented many people travelling. The Paris venues were powered by renewable energy, high environmental standards were applied to the construction of the Olympic Village and car use in the city was severely restricted during the event.

  However, air travel is still a problem. Hosting an international event such as the Olympics involves people travelling from all over the world and results in a very large carbon footprint, estimated at 1.5 million tonnes or more. Attempts have been made in the past to offset this by planting forests or investing in renewable energy, but the carbon credit market has proved ineffective. We must ask whether it’s justifiable to burn as much carbon as a Caribbean island consumes in a year just to host a global sporting event and transport dressage horses. Yet this is an issue no one in the global sports industry or any other major international event is willing to address.

  Were there any major human rights concerns?

  There are at least two major areas of concern. One is the large number of unhoused or poorly housed people evicted from the city in the run-up to the Games. At least 12,500 migrant workers and residents of temporary camps were moved to other parts of France, far from their communities and jobs. This number is likely to have increased in recent months and the situation remains a tragedy.

  Clearing the streets to create the illusion that there isn’t a housing problem before staging a global event is simply wrong. But this wasn’t the first time – there have been similar evictions in Tokyo and even more in Rio. With Los Angeles 2028 on the horizon, we can expect an even higher number of evictions given the city’s large unhoused population.

  Civil society organisations advocating for the unhoused made their voices heard in the run-up to the Games, with much media coverage. But once the spectacle began, they struggled to make headlines and advocacy was quickly overshadowed by the sport.

  Another human rights issue concerns the extensive security measures for the Paris Olympics, which involved a complex process of zoning Paris, with strict policing and rules about who could enter certain areas near the venues. If you lived in one of these areas, you needed a QR code. It was a very complicated and intrusive system, but for all the grumbling, it worked reasonably well. More worrying was the use of artificial intelligence, CCTV cameras and facial recognition technology to control crowds, raising questions about privacy and the long-term use of these measures.

  The French government and police promised to dismantle all these special security measures after the Games, but there is reason for scepticism. Similar measures were introduced for previous Olympics, such as Athens 2004 and London 2012, and remain in place today. And the enormous amount of money spent on Rio’s various police and paramilitary forces for riot control ahead of the 2016 games wasn’t returned either.

  What are your expectations for the next Olympics?

  We’re going to have another four years of global warming, so Los Angeles 2028 is going to be very hot. Extreme heat could have a significant impact on events and spectators, as seen at Tokyo 2020, where a marathon had to be cancelled due to the weather.

  The high number of unhoused people in Los Angeles is another major concern. While Mayor Karen Bass has plans to address the ‘issue’, the situation is likely to worsen in the run-up to the Games, with multiple evictions, as we’ve seen in Paris.

  On the positive side, Los Angeles 2028 has promised to be a car-free Olympics. It’s difficult to see how this could be achieved in a country with such a strong car culture. But Los Angeles has public transport and a light rail network, so it’s a question of getting locals out of their cars and onto trains and buses. Whether this ambitious goal can be achieved remains to be seen, but it could be an opportunity for a lasting change in habits and more sustainable urban development.

  ---

  Civic space in France is rated ‘narrowed’ by theCIVICUS Monitor.

  Follow@davidsgoldblatt on Twitter.

• PAPUA NEW GUINEA: ‘The mining company must address its human rights and environmental legacy’

  CIVICUS speaks with Keren Adams, Legal Director of the Human Rights Law Centre (HRLC), about the victory recently obtained in holding the British-Australian mining company Rio Tinto accountable for the multiple human rights violations caused by its operations in Bougainville, Papua New Guinea. Established in 2006, the HRLC is an Australian civil society organisation that uses strategic legal action, policy solutions and advocacy to support people and communities to eliminate inequality and injustice and build a fairer, more compassionate Australia.

  What tactics does the HRLC use to hold corporations accountable? 

  The HRLC uses a mixture of strategic litigation, high-impact media work, campaigning and shareholder engagement to hold corporations accountable for the human rights consequences of their actions. We work in partnership with affected communities and workers to seek justice and remedy for corporate human rights abuses. We also advocate to improve regulation and oversight over the activities of Australian companies to ensure they uphold their obligation to respect human rights, wherever they operate.

  What were the impacts of the Rio Tinto operations on Bougainville Island, and how did the HRLC support the struggle of local communities for justice and accountability?

  Rio Tinto’s former Panguna mine on Bougainville left a massive legacy of environmental and social devastation on the island. Panguna had been one of the world’s largest copper and gold mines. During its operation, between 1972 and 1989, over a billion tonnes of waste from the mine were dumped directly into the Kawerong river downstream. The environmental destruction this caused, and its associated social consequences, led to a local uprising that forcibly closed the mine in 1989 and triggered a 10-year civil war on the island. In 2016, Rio Tinto divested from the mine and walked away without accepting any responsibility for this legacy.

  As a result, communities all along the Jaba-Kawerong river valley continue to live surrounded by vast mounds of tailings – mine waste – left over from the mine’s operation. Their water sources are heavily polluted with copper and with every rainfall, huge volumes of tailings erode into the rivers, flooding farms and forests downstream with polluted mud, displacing villagers and destroying peoples’ livelihoods. Many people in the area live with serious health problems, including skin diseases and gastrointestinal and respiratory infections, which local health workers attribute to their exposure to pollution. An estimated 14,000 people live downstream of the mine.

  In 2020, the HRLC assisted 156 local residents from several villages downstream of the mine to file a human rights complaint against the company with the Australian government, alleging serious breaches of the company’s human rights and environmental obligations. In response to the complaint, Rio Tinto agreed to re-engage with the communities about these issues and in July 2021 committed to funding an independent environmental and human rights impact assessment of the mine to identify impacts and risks posed by the mine and develop recommendations for what needs to be done to address them.

  What do you hope will be the outcome of the process once the impact assessment is complete?

  The communities we are working with called for Rio Tinto to fund the impact assessment as a first critical step towards addressing the massive and ongoing environmental and human rights problems being caused by the mine. But it is only the first step. They hope and expect that once the impact assessment is complete, Rio Tinto will contribute to a substantial, independently managed fund to help address the harms caused by the mine and assist long-term rehabilitation efforts.

  These communities urgently need access to clean water for drinking and bathing. They need solutions to stop the vast mounds of tailings eroding into the rivers and flooding their villages, farms and fishing areas. They need their children to be able to walk to school without having to wade through treacherous areas of quicksand created by the mine waste. These are just some examples of what remediation means in real terms for the people living with these impacts.

  What challenges lay ahead in achieving rightful compensation and long-term rehabilitation?

  The extent of the environmental destruction at Panguna and the myriad health and social problems caused by the mine, left unaddressed for over 30 years, mean that substantial resources and a long-term commitment will be needed to find solutions and undertake proper rehabilitation of the site.

  So far, Rio Tinto has only committed to funding the independent assessment of the mine. While we see this as an important development, it remains to be seen how serious the company is about addressing its legacy on the island and providing remedy in accordance with its human rights and environmental obligations. We will be continuing to work with local communities and other stakeholders like the Autonomous Bougainville Government to ensure that they do so.

  Civic space inPapua New Guineais rated as ‘obstructed’by theCIVICUS Monitor.
  Get in touch with the Human Rights Law Centre through itswebsite orFacebook page, and follow@rightsagenda on Twitter. 

• PERU: ‘Environmental regulations were relaxed, when they should have been strengthened’

  CIVICUS discusses the recent oil spill off the coast of Lima, Peru, with Juan Carlos Sueiro, Director of Fisheries at Oceana, the world’s largest international organisation dedicated to protecting and restoring the world’s oceans. Founded in 2001, Oceana focuses its work on restoring fisheries, promoting clean energy and establishing protected marine areas.

  Has anyone been held responsible for the oil spill off the coast of Lima?

  The oil spill, caused by the Spanish oil company Repsol, happened on 15 January 2022. Due to its magnitude and visibility, it was the worst ecological disaster in Peru’s recent history. It occurred in an artisanal fishing zone, with protected areas and important seasonal economic activity. It is the largest spill we have ever had.

  The spill happened because of the high tides caused by the eruption of the Tonga submarine volcano, which affected the process of unloading oil from a Repsol oil tanker to the La Pampilla refinery. The question is: how is it possible that the company only became aware of the magnitude of the spill the next day? The company’s negligence magnified the consequences of this spill.

  Unfortunately, we have seen little progress in terms of Repsol taking responsibility for recovering the ecosystem. Even the exact volume of oil spilled is not known with any certainty. The company’s reaction was very slow, which is worrying because the first 24 hours following this kind of accident are key, as the oil film becomes very thin and expands a lot. It was only almost 20 days later that more sophisticated equipment was brought in to address the problem.

  Overall there is not enough transparency. In this case, the contingency plan was not implemented. The activities currently underway are supposed to be the product of a plan, but neither the company’s commitments nor the contents of that plan have been made public. The area between Ancón and Chancay was heavily impacted on by the spill, and there is no bay there, only cliffs and water. It is visible how little has been done in the way of recovery.

  There is also little transparency in the investigation. It is still not clear whether Repsol has handed over the equipment that was underwater in order to investigate and determine what happened on the day of the spill.

  This lack of transparency is symptomatic of the way the Peruvian state operates. This is similar to what happened when the pandemic broke out and we ‘discovered’ that we had an absolutely precarious health system, which was clearly not up to the task. In this case, we have environmental structures, legislation and procedures on paper, but not in reality. The opacity of information is intended to hide this discrepancy.

  For us it is very clear: Repsol must publicly assume clearly defined responsibilities.

  What have been the environmental and economic impacts of the spill?

  There has been great environmental damage. The area affected by the spill includes several protected natural areas: the Ancón Reserved Zone, the Guaneras Islands and the Punta Salinas Reserved Zone. The spill has impacted on marine fauna, affecting animals such as sea lions, otters, penguins and birds. Many have been stained with oil and their lives are at risk. Oceana is currently surveying this damage, as well as the additional damage caused by the company’s delayed reaction.

  For communities in the area, the greatest concern is economic. These are mostly low-income people engaged in artisanal fishing. Beyond individual and immediate impacts – for example, for those who had invested in a seasonal business just before the spill – the consequences are collective and long-term. It is now impossible to fish in Ancón or Chancay, and it is difficult to know when it will be possible to do so, because oil has a much longer degradation time when it settles on the seabed. The fishermen and all the workers involved in processing and distribution logistics are also concerned about the variation in fish prices and the drop in demand.

  We have run a calculation of the economic worth of coastal fisheries in these places to give us an idea of the economic loss. We also believe that there is an important impact on tourist activity: for the nine million inhabitants of the capital, Lima, and the three million living a little further north, these beaches are the closest place to spend the summer, and the spill has cut short the summer season, which runs from January to April. We have already warned the local municipalities that they must estimate the damage caused to tourism.

  How has civil society responded?

  We have all reacted with concern and a great interest in helping others. We have seen many volunteers helping to clean up the beaches, as well as experts and academics contributing within their areas of expertise.

  However, volunteer work has limitations because in order to rescue marine wildlife from the damage caused by oil, certain procedures and products must be used to properly remove oil from an animal’s plumage or skin. Because of this, interest in helping usually does not translate into 100 per cent successful results.

  Moreover, as this is the first time we have faced a disaster of this magnitude, Peru does not have all the expertise it needs. There is post-disaster expertise and experience elsewhere; it is necessary to bring it in. It would also be important to deepen the discussion about the energy mix we have and how to change it by turning towards the renewable resources that are available to us.

  How can private companies be called to account and contribute to preventing future disasters?

  Lack of accountability is a longstanding concern for the communities in these areas, and the fact that their demands have been systematically ignored is a symptom of Peru’s strong centralism. Artisanal fishermen in the north have been warning about this situation for several years and there has been no meaningful response. Oil extraction in Peru dates back to the 19th century; Peru had the first oilwell in South America. In the 1950s and 1960s, offshore platforms were installed, which are at the root of the spills and leaks that fishers complain about. There are also complaints about what happens in the transportation process, which has much greater implications.

  This situation has encouraged civil society to prioritise the search for solutions. For almost a decade, environmental requirements have been reduced in Peru; it is necessary to walk back that path. Peru is engaged in fishing, mining and other activities for which regulations have been relaxed, when they should have been strengthened. The very low environmental capacity of the state and the poor response of companies to disasters clearly shows their inadequacy. Peru suffers from a major crisis of governance and respect for the rule of law. 

  The possibility of another spill is always present. It is necessary to minimise the likelihood of it happening, and to ensure that when it does, it has the least possible impact in terms of magnitude, frequency and consequences. To do this we have to start by not losing sight of who is responsible for this disaster and the consequences of their irresponsible action.

  Civic space in Peru is rated ‘obstructed’ by theCIVICUS Monitor.
  Get in touch with Oceana through itswebsite or itsFacebook,Instagram andTik Tok accounts, and follow@Oceana_Peru and@SueiroJC on Twitter.

• PHILIPPINES: ‘If we don’t fight against the system, people will continue to die’

  Following a year marked by massive mobilisation on the climate emergency, CIVICUS is interviewing civil society activists, leaders and experts about the main environmental challenges they face in their contexts and the actions they are taking. CIVICUS speaks with Jhewoung Capatoy, a young climate defender from the Philippines. Jhewoung is a community youth organiser with Young Bataeños Environmental Advocacy Network, a youth environmental organisation that promotes environmentally sustainable development and seeks to create awareness among youth to act to conserve the environment.

  

  Why did you become an activist?

  I come from the Lamao Limay Bataan community, which is about three hours away from the capital of the Philippines, Manila. I decided to get involved because local communities are suffering as a result of the establishment of coal-fired power plants. People are suffering from health issues and are dying as a result of environmental disasters. And people who speak up against this are also getting killed. Being an activist is dangerous, but if no one speaks up and acts against this, the situation will become normalised. If we don’t fight against the system, things will continue to be the way they are: people will continue to die and the impacts of the climate crisis will become unbearable to our communities. Most likely, a lot more people will die.

  Deep down, one reason why I’m doing this is that I have lost people who were very dear to me. I went through an experience that marked me for life when I was in first grade, about seven years old, in 2004. A flash flood killed two neighbours who were also my close friends. Flash floods were caused by the construction of an energy plant in the area. Later on, when I started high school, I got in touch with a youth organisation that worked to protect Mother Nature. I got involved because I didn’t want to lose anyone else. I had realised that my friends had been killed by a corporation that only cared about making money, and by our own government, which colluded with the corporations and allowed everything to happen. Together, corporations and government are too powerful and if nobody stood up against them, they would be able to kill whoever they want. If nobody fought for it, our community would likely be gone in the near future.

  However, being an activist also meant that I would continue to lose people. Soon after I got involved one colleague, a well-known climate defender, Gloria Capitan, was killed. She led the fight against coal-fired power plants because the pollution caused by these corporations in her area were causing people serious respiratory problems and other issues. We believe that both the corporations we were protesting against and our local government are responsible for her killing. We know who shot Gloria Capitan, but the police did not listen. They tried to cover everything up and have the case dismissed.

  Can you tell us more about the work that you do?

  We organise campaigns to educate people about the effects and impacts of dirty industries and how corporations are threatening our right to a secure environment. We organise people and we protest, mostly against coal-fired power plants. We also try to reach policy-makers and bring human rights violations to the attention of human rights bodies. We were once able to reach the Philippines Commission on Human Rights, which investigated what was happening and issued a resolution that acknowledged that these corporations were causing human rights violations in our community, as well as in other communities that have dirty industries in the Philippines. That was one of our greatest achievements because if the resolution is eventually disseminated to the public, we can find a way to hold corporations accountable and bring some reparation to the affected communities.

  Did you take part in the global climate mobilisations in 2019?

  Yes, our youth organisation, Young Bataeños for Environmental Advocacy Network, participated in the global climate strike in September 2019 by holding a local event. There also was a mobilisation in Manila, but we decided to protest locally, staying in the place where the coal-fired power plants are having their worse effects. The reason why we mobilised is that we want to hold these corporations, as well as the government that lets them have their way, responsible for what they are doing to our communities.

  We had been mobilising and protesting since before the global strike, but the global climate strike was a good opportunity to put our issues out there. It was very useful as a framework because it was a global call to make corporations responsible for emissions. But we chose to participate in this global call from our own local communities, without going to demonstrate in Manila, in order to communicate that the reason why we are fighting is that the people in these communities are suffering the worst effects of global warming and the climate crisis. It is the rich of the global north who profit from these big corporations that emit carbon gases, but it is always us, the poor communities of developing countries, who suffer the worst environmental impacts of these industries.

  True, people in developed countries are striking and mobilising, and it is good that they have called attention to what is happening, but let’s always remember that the impacts of the climate crisis are extremely unequal. The impacts that people in the global north are facing are not as devastating as the ones we are suffering in the Philippines. That’s the reason why we are mobilising: because it is us who are experiencing the consequences of their actions. It is not even a matter of choice really. We are a poor country in which people are dying due to the climate crisis, so we are fighting for our lives.

  Have you had any participation in global climate forums?

  Our youth organisation has not been able to take part in any international gathering. We basically have no access to that kind of spaces. Our organisation is local and no one has yet given us the opportunity to be under the spotlight. It would have been good if we had been invited because that would have meant an opportunity for us to represent people at the grassroots level. It is important to advocate for the environment, but you also have to make sure that you are representing the people who are most vulnerable. It is not enough not be there just because you believe that the climate crisis is happening. People should represent the real experiences and those who are negatively impacted by climate change.

  The very people who are suffering the most from the climate emergency should be given the opportunity to speak for themselves. They should be invited to these forums so they can tell the world about their experiences. Those forums are big and impersonal and it would be important for participants to hear the stories of the people who are living in the areas where climate change and dirty industries are having their strongest impact. They are the ones who can really tell what’s happening, beyond what the media is covering, which is far from enough.

  What support does your movement need from international sources, including international civil society?

  Taking part in global networks is very useful for us. For instance, we’ve asked young people from Taiwan, who were participating in the 2019 Climate Action Summit, to send letters to our national and local governments to urge them to stop giving permits for corporations to increase their operations. Our government has planned to authorise two dozen new coal-fired power plants by the year 2030, so we are asking young people from other countries who are better connected to put pressure on our government. Letters coming from outside the country would mean a lot because they would show that our stories are not staying inside the country, that people from the outside world are listening and reacting to the pain and the suffering of the people in the Philippines.

  International organisations like CIVICUS could also help amplify our stories and attract the attention of our government. This then could make our government rethink the path they have taken in generating energy.

  It would be an even bigger help if the international community could help us financially in order to continue with our work. As climate activists, working with the local communities that are directly affected by climate change is always a challenge. I have had to leave my comfort zone, drop out of school and be away from my family. I stay in a community where there is little internet access or transportation. I go to work kilometres away from my house, to organise people, to give them updates and reassure them that I am with them for real. I do it because people need someone they can lean on, someone they can trust their stories with, someone they feel could help them.

  Civic space in Philippines is rated as ‘obstructed’ by theCIVICUS Monitor.

  Get in touch with the Young Bataeños for Environmental Advocacy Network through itsFacebook page.

• 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. 

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   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.

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  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.

• UK: ‘We engage in disruptive protest to keep the climate catastrophe in people’s minds’

  CIVICUS speaks with Mitch Rose, a volunteer activist with Just Stop Oil, about climate activism and its criminalisation in the UK. Just Stop Oil is a nonviolent civil resistance group demanding that the UK government stop licensing all new oil, gas and coal projects. It was founded on the footsteps ofExtinction Rebellion andInsulate Britain and has organisers from both at the helm. It first came under the spotlight in March 2022, following a series of protests that interrupted various high-profile sporting events.

  What forms of protest have you undertaken in the past few months, and why?

  In the last few months, we have staged a series of high-profile non-violent protests to demand that the UK government immediately stop licensing all new oil, gas and coal projects. We blocked the M25 motorway with non-violent actions, threw orange-coloured confetti to stop a game at Wimbledon and threw soup at Vincent van Gogh’s Sunflowers, at the National Gallery in London, to name just a few.

  We engage in peaceful disruptive civil disobedience to push and maintain the climate catastrophe in people’s minds and in the news cycle. They put pressure on the UK government to fulfil the legally binding promises of the 2015 Paris Climate Agreement to reduce deadly emissions from burning oil, gas and coal, which they have so far systematically broken.

• UN PLASTICS TREATY: ‘Human health and the environment must come first’

  CIVICUS speaks about the progress being made towards a United Nations (UN) Treaty on Plastic Pollution with Vito Buonsante, an environmental health lawyer and technical and policy advisor at the International Pollutants Elimination Network (IPEN).

  IPEN is a global network of civil society organisations (CSOs) seeking to improve chemical policies and raise public awareness to ensure that hazardous substances are no longer produced, used or disposed of in ways that harm human health and the environment.

  Most people don’t know there is a UN Treaty on Plastic Pollution in development. When and how did the process start?

  In March 2022, the UN Environment Assembly (UNEA), the world's highest-level decision-making body on the environment, approved a broad mandate to start talks on an international treaty to address the growing threats from plastic pollution. The scope of the Plastics Treaty is meant to include all impacts from plastics throughout their lifecycle, including effects from the toxic chemicals in plastics on human health and the environment. It should help move the world towards a toxic-free future.

  In IPEN’s analysis, based on UNEA’s mandate, the final agreement must address the health impacts of plastics and their chemicals in four ways. First, it must address the use, release of and harms from toxic chemicals from plastics in all of their lifecycle, from production to consumption and waste management. Second, as the mandate emphasises the importance of promoting sustainable design, the treaty must ensure that hazardous chemicals are eliminated from plastic production and plastics with hazardous chemicals are not recycled.

  Third, the UNEA resolution noted the importance of preventing threats to human health and the environment from toxic plastics and calls for coordination with the 1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, the 1998 Rotterdam Convention concerning the importation of hazardous chemicals, the 2001 Stockholm Convention on Persistent Organic Pollutants and the Strategic Approach to International Chemicals Management, a global policy framework adopted in 2006. The treaty must therefore address the health and environmental impacts due to exposure to hazardous chemicals and toxic emissions throughout the plastics lifecycle.

  Fourth, there’s the issue of microplastics, which the UNEA resolution recognises as included in plastic pollution. This means the treaty must also address the chemical health and environmental hazards from microplastics, including their potential to be vectors for chemical contamination.

  What progress was made in the first session of negotiations?

  The first session of the Intergovernmental Negotiating Committee to develop an international legally binding instrument on plastic pollution, including in the marine environment, took place in Punta del Este, Uruguay, from 28 November to 2 December 2022.

  In this first meeting states had the opportunity to express their intentions for the treaty that they envision. On one side, we have seen a large group of states, working under the umbrella of the High Ambition Coalition to end plastic pollution, that have expressed their desire for a treaty that makes a difference in how plastics are made and tackles the root causes of plastic pollution. On the other side, there is a group of states fighting for a treaty that makes no difference to the status quo. Worryingly, these countries include Japan, Saudi Arabia and the USA, all of which want to see a treaty focused only on waste management rather than the entire lifecycle of plastics, and built on the basis of voluntarily agreed national commitments rather than binding obligations across the board.

  The second session will take place in late May and early June in Paris, France. Negotiations should be completed by the end of 2024, and it should be possible to make the deadline. Global measures can be agreed. The science is very clear: it would be delusional to think that recycling the growing amounts of plastics that are being produced is the solution to the plastic pollution crisis, after 40 years of failing to recycle even a small amount of the plastic waste. It is too early to understand in which direction the talks will go, but it should be possible to agree on a number of global standards, even at the risk of some states not immediately ratifying the treaty.

  What would an ambitious treaty look like?

  The most important measure an effective treaty should include is the reduction of the total production of plastics. If production doesn’t slow down, over the next 20 years the amount of plastic will double and it will become truly impossible to control.

  A second key measure concerns the design of plastics. Here there is a need to remove all toxic chemical additives, such as bisphenols, PFAS and flame retardants, and all toxic polymers such as PVC and polystyrene. These chemicals are known to cause adverse health impacts, disrupting hormonal functions, fertility and children’s brain functions, among others. Removing them from plastics will create safer material cycles. It is also very important to improve transparency about both plastics ingredients and the quantities and types of plastics produced. Without a clear picture of what is produced and where, it will be difficult to beat plastic pollution.

  Ambition should also extend to implementation. There must be a commitment from developed countries to create a fund to implement the treaty. No matter how stringent the provisions of the treaty are, without considerable investment in implementation, impact will be limited. Commitments have recently been adopted for funds for climate and biodiversity, but there is not yet a fund established to tackle plastic pollution and other chemicals and waste-related actions.

  What are environmental CSOs bringing to the negotiating table?

  CSOs hold a wide range of expertise and experiences that are very valuable for treaty negotiators. IPEN, for instance, has advocated for the recognition of the impacts of the toxic chemicals in plastics for over two decades, clearly showing through many scientific reports and testing of plastics and plastic products how plastics products are exposing communities and vulnerable populations to toxic chemicals.

  We are optimistic that the need to solve this planetary crisis will prevail. The international community has been failing on climate change and cannot fail on plastics as well. The Plastics Treaty could be a way to show that international cooperation is the best way to solve global problems and that human health and the environment can and must be put ahead of national interests and business interests.

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  Get in touch with IPEN through itswebsite or itsFacebook page, and follow@ToxicsFree and@VitoABuonsante on Twitter.

  
  

   

• UN PLASTICS TREATY: ‘It is up to civil society to speak up for the public when their governments won’t’

  CIVICUS speaks about the progress being made towards aUnited Nations (UN) Treaty on Plastic Pollution with Aidan Charron, End of Plastics and Canopy Project Coordinator with EARTHDAY.ORG.

  Growing out of the first Earth Day in 1970, EARTHDAY.ORG is the world’s largest recruiter to the environmental movement, working with more than 150,000 partners in over 192 countries to diversify, educate and activate the environmental movement worldwide.

• UN RESOLUTION ON CLIMATE CHANGE: ‘The climate crisis is a human rights crisis’

  CIVICUS speaks with Hailey Campbell about the recent United Nations General Assembly (UNGA)resolution on the environment, which enables the International Court of Justice (ICJ) to issue an advisory opinion on states’ obligations to address climate change.

  Hailey is a climate activist and co-executive director of Care About Climate, ajustice-driven climate education and empowerment civil society organisation (CSO) and network of international young climate leaders seeking to share climate solutions on the international stage.

  What was the origin of the initiative to take climate matters to the ICJ?

  The historic initiative was first introduced in 2019 by the Pacific Students Fighting Climate Change (PISFCC), a youth-led organisation established by students from eight Pacific Island countries. The PISFCC started by persuading the Pacific Island Forum, the region’s main political and economic organisation, to bring the issue of climate change and human rights to the ICJ. CSOs from the Pacific supported this campaign and built the Alliance for a Climate Justice Advisory Opinion (ACJAO) to include other non-state actors. In 2021, the state of Vanuatu, a small island state that is highly susceptible to climate catastrophes, initiated negotiations and the drafting of the resolution, which was later supported by over 130 countries and over 220 CSOs, and eventually adopted by consensus by the UNGA on 29 March 2023.

  Do you view this resolution as a civil society victory?

  This resolution is a monumental victory! This victory is the beginning of a wave of change in how we all think about the climate crisis and a reminder that climate change doesn’t respect geopolitical boundaries. Environmental CSOs, young leaders, island nations leading the call for the resolution, and PISFCC are reminding the world that before being an advocate, a fossil fuel executive, or a politician, we are all people. As humans, we all share this beautiful planet and sharing it requires caring about each other. If some leaders fail to recognise this, they should be held accountable.

  The resolution calling for an ICJ advisory opinion is also a celebration of island innovation and perseverance. Islanders have relied on traditional knowledge and collaborative leadership to adapt to environmental impacts for thousands of years. Taking the world’s greatest challenge to the highest court highlights their strength and experience. As a young person living on an island in the Pacific, I am grateful to the leadership of other young islanders and allies who are paving the way for future generations to have a sustainable future.

  How could the ICJ help address climate change?

  The ICJ is the world’s highest court, which sets precedents via advisory opinions and rules on how states should cooperate globally. As such, it plays a prominent role in keeping peace among our nations.

  The ICJ advisory opinion embodies the reality that we can’t solve the climate crisis by continuing the very practices that brought us to it. The scope of the resolution moves beyond the Paris Agreement, referencing the importance of having a safe climate as a vital human right for well-being. Through outlining potential legal consequences for nations causing significant harm to vulnerable communities and future generations, it could finally ensure greater accountability for the climate crisis. If nations are held more accountable and pushed to act, the door is opened to ensure fossil fuel emissions are fully eliminated and capacity-building for adaptation needs are fulfilled.

  How have you personally engaged in advocating for this resolution and broader climate action?

  I first learned about the PISFCC’s campaign in 2019, when I got involved with the climate movement following the COP25 climate change summit. As a sustainability student dedicated to working in the climate field, I was inspired by how a small group of students across island boundaries was strongly calling for an ICJ advisory opinion. I started following their journey and supporting their calls to action in various ways, from reposting social media content to bringing up relevant arguments in my conversations with leaders at subsequent COPs.

  Inspired by their island leadership, I accepted an internship with the Local 2030 Islands Network, the world’s first global, island-led peer-to-peer network devoted to advancing the Sustainable Development Goals. I learned more about island sustainability and the impacts of climate change from island leaders and was amazed by their examples of innovative solutions and optimist spirit. Empowered to use my education to support islanders in making their voices heard, I chose to focus my master’s degree on developing a workplan for how islanders can work together with their communities to develop, track and implement sustainable solutions for climate change.

  This journey of student activism helped me become a cross-sector environmental leader, work on climate adaption on islands, and lean into coalitions, like Care About Climate, as vulnerable groups to stand up for our right to a climate safe future. In fact, their inspiration led to my empowerment to work with young people to ensure the first-ever inclusion of young people as stakeholders in a UN climate conference decision at COP27.

  What can international allies do to support this struggle?

  All international allies must continue fighting! This historic resolution is only the first step. Before the ICJ can issue its opinion, written and oral arguments from states and select international organisations, such as the United Nations Environment Program, will be requested. It is important for community members to continue contacting their national representatives and international organisations selected to submit testimonies and call for support of the opinion. In fact, the PISFCC have just launched an amazing handbook to support policymakers, youth, and environmental CSOs in understanding their role that I highly recommend checking out. My favourite example from the handbook is about the importance of sharing your personal testimony as to why you believe in the need for an ICJ’s advisory opinion on climate rights and what impact it could have on your future with your national representatives. I hope everyone feels empowered to join me in the Alliance to stay up to date on ways to make an impact.

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  Get in touch with Care About Climate through itswebsite or itsFacebook page, and follow@careaboutclimate and@hailey_campbell on Twitter andInstagram.

   

• UNITED NATIONS: ‘From now on, states should adopt a human rights approach to environmental regulation’

  

  CIVICUS speaks with Victoria Lichet, executive director of the Global Pact Coalition, about the resolution recently passed by the United Nations General Assembly (UNGA) recognising the right to a clean, healthy and sustainable environment as a human right.The Global Pact Coalition brings together civil society organisations (CSOs), activists, artists, lawyers and scientists advocating for the adoption of the Global Pact for the Environment, a draft international treaty to enshrine a new generation of fundamental rights and duties related to the protection of the environment, and particularly the right to a healthy environment.

  What are the relevance and implications of the recent UNGA resolution on the right to live in a clean, healthy and sustainable environment?

  The adoption of a resolutionon the right to a clean, healthy and sustainable environment by the UNGA, the legislative body of the UN, which includes all the UN member states, is a historic victory for environmental protection. The recognition of the right toa clean, healthy and sustainable environment as a universal human right makes environmental protection a core aspect of human rights protection. It is a major step towards a human rights-based approach in environmental litigation, as it integrates human rights norms into environmental matters.

  In addition to recognising the right to a healthy environment as a right for all people, the resolution’s preamble clearly affirms the linkage between a healthy environment and human rights. The UNGA recognises that ‘environmental damage has negative implications, both direct and indirect, for the effective enjoyment of all human rights’.

  While UNGA resolutions are not legally binding, this resolution is a strong political and symbolic message. It will play a role in shaping and strengthening new and stronger international environmental norms, laws, standards, and policies. As such, it will necessarily improve the overall effectiveness of environmental law and catalyse further environmental and climate action. This also proves that multilateralism still has a role to play in international environmental law.

  What role did civil society play in the process leading to this resolution?

  This resolution followed months of mobilisation by CSOs and Indigenous peoples’ organisations (IPOs), including the Global Pact Coalition. Under the inspiring leadership of the UN Special Rapporteur on Human Rights and the Environment, David R Boyd, and his predecessor, John Knox,the coalition of CSOs and IPOs was able to reach out to governmentsthrough emails and letters to better inform them about the importance of the right to a healthy environment. It also led social media campaigns to inform the public about the process. 

  The core group of countries that led this initiative, made up of Costa Rica, Maldives, Morocco, Slovenia and Switzerland, was really helpful and communicated important steps regarding the resolution. We are very grateful for their leadership.

  Does the final text of the resolution fully reflect civil society contributions?

  The final text of the resolution mostly reflects civil society expectations. Through negotiation, some states were able to remove a few paragraphs. For example, the first draft said that the right to a healthy environment was related to the right to life and the right to the highest attainable standard of physical and mental health. But the final draft also included additional paragraphs, for example to include ‘business enterprises and other relevant stakeholders’ in the call to adopt policies to enhance international cooperation to scale up efforts to ensure a healthy environment.

  Overall, the main goal for civil society was to have the right to a clean, healthy and sustainable environment recognised as a human right for all, and this was obviously fully reflected in the final text. So it is in fact a historic victory for civil society.

  What measures should states adopt to make the right recognised in the resolution effective?

  Recognition should be combined with strong and ambitious national and regional public policies that implement mechanisms to strengthen environmental protections, the protection of people’s health and the enjoyment of their other human rights. From now on, states should adopt a human rights-based approach in environmental regulation as well as better renewable energy and circular economy policies.

  As Special Rapporteur David Boyd said, the international recognition of the right to a healthy environment should encourage governments to review and strengthen their environmental laws and policies and enhance their implementation and enforcement.

  What should civil society do next?

  Civil society should now advocate for stronger and more ambitious instruments to protect the environment, our right to a healthy environment and other environmental rights. Now that the right to a healthy environment has been recognised at the international level, we should introduce additional progressive rights and duties that will take us even further in environmental protection.

  The UNGA resolution could be the foundation for a more comprehensive international instrument on the right to a healthy environment and other environmental rights. We already have ambitious models that could be used in these future negotiations, including the Global Pact for the Environment and the draft covenant of the International Union for Conservation of Nature, the world’s largest global environmental network.

  The path from ‘soft law’ to ‘hard law’ – in this case, from the non-binding UNGA resolution to a convention on the right to a healthy environment – is a very common one in international law. For example, the 1948 Universal Declaration of Human Rights, which is one part of the UNGA resolution on the International Bill of Human Rights, and therefore not legally binding, resulted in two treaties adopted in 1966: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. It took 18 years to incorporate the Declaration into two legally binding texts.

  We hope it will not take 18 years to achieve a convention on environmental rights, because that would bring us to 2040. We do not have that kind of time. The time has come to adopt such a convention, a ‘third pact’ recognising a third generation of human rights. After civil and political rights, and economic and social rights, it is time to enshrine our environmental rights.

  As we face a triple planetary crisis, a binding international environmental text is critically important because millions of people are already dying from toxic environments, particularly from air pollution.

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  Get in touch withthe Global Pact Coalition through itswebsite or itsFacebook page, and follow@VictoriaLichet and@PactEnvironment on Twitter.

   

• UNITED NATIONS: ‘Getting a strong Ocean Treaty across the line would be nothing short of historic’

  CIVICUS speaks with Ellie Hooper of GreenpeaceAotearoa about civil society’s role in the ongoing negotiations towards the development of a United Nations Ocean Treaty. Greenpeace is a global environment campaigning network that comprises 26 independent national and regional organisations in over 55 countries across all continents as well as a co-ordinating body, Greenpeace International, based in Amsterdam, the Netherlands. It uses peaceful protest and creative communication to expose global environmental problems and promote solutions that create a green and peaceful future.

  What is the significance of the proposed Ocean Treaty?

  A strong global treaty on the oceans could revolutionise the way oceans are managed, putting an end to fragmented governance that has failed to protect our blue planet the way we need to.

  If done right, one of the key things the Ocean Treaty could deliver is the creation of fully protected marine areas on the high seas. These areas would be off limits to destructive human activities such as industrial fishing and mining. At the moment there is no legal mechanism to create fully protected areas outside of national jurisdictions, which has become a real problem. The ocean is under threat from all sides and to protect it we need to take a holistic view tackling multiple risk factors.

  Getting a strong treaty across the line would be nothing short of historic. Scientists tell us that to avoid the worst of the climate and biodiversity crisis we must protect at least a third of the world’s oceans by 2030. A strong treaty would give us the mechanism to do this. The ocean is a huge carbon sink and has absorbed a great deal of global warming to this point. It’s also home to amazing biodiversity, produces the oxygen we breathe, stabilises the climate and is a food source for millions around the world.

  In short, keeping the ocean healthy is vital to our survival and the entire functioning of our blue planet. But more and more research shows it is in decline. To turn this around we need to step up and protect it by reducing the multiple pressures on the system.

  Science shows that fully protected marine areas are one of the best tools we’ve got to help the ocean recover and thrive. When these are put in place in the right areas – places known to be high in biodiversity, migratory pathways or unique ecosystems – ocean health improves and marine life flourishes. This has positive impacts across the board, from the number of creatures in the sea to how well the ocean can absorb carbon.

  Why is the treaty process taking so long?

  We’re talking about a hugely ambitious conservation effort. Getting a treaty across the line involves countries around the world agreeing to its terms, and that is not an easy feat.

  While it’s disappointing that leaders failed to reach a conclusion on this at the latest round of negotiations held in August, this doesn’t mean an agreement isn’t going to happen. At the last meeting a great deal of progress was made, with countries showing more flexibility and a real sense of urgency. They ran out of time, but we are not giving up hope that this historic agreement is on the horizon. What needs to happen now is for countries to come together without delay and thrash out their remaining discrepancies.

  How has civil society in general, and Greenpeace specifically, advocated for the treaty?

  There’s been a great deal of civil society pressure for this treaty, with many organisations around the world pushing hard for its best version to materialise.

  Greenpeace has been actively involved in the treaty process since the beginning. It sends a team to each round of negotiations and has run a global campaign to raise awareness of the threats facing the ocean and how a treaty could counter them. Our approach has been twofold: to build public momentum around the agreement while doing all the behind-the-scenes work, talking to ministers and other public officials in all the regions where we’re active.

  As a consequence, millions of people around the world have joined the campaign for a strong treaty. They’ve done that in various ways, from signing petitions, sending letters and recording video messages to attending marches. Many people around the world are invested in this issue and their engagement has been critical to getting this far.

  For us here at Greenpeace Aotearoa, it’s been inspiring to see the number of people willing to stand up for ocean protection, and we know that their voices have been heard. It’s fair to say that their repeated calls on New Zealand’s leaders to support a strong treaty has resulted in New Zealand supporting a far more progressive position at negotiations. That’s really people power in action. When we work together, we can make real change happen.

  We’ve also met regularly with the New Zealand delegation to the treaty negotiations, as well as the Minister of Foreign Affairs, and we consistently communicate with them about what this treaty needs to look like in order to protect the ocean for the future.

  What can environmental civil society organisations and activists do to ensure the treaty is adopted?

  Treaty negotiations need to urgently resume. At the latest round, countries ran out of time to agree on all its terms, but they’re almost there. So it’s up to civil society activists and organisations to keep pushing world leaders to prioritise reconvening and getting this done. We don’t want it to fall to the bottom of the agenda – it’s simply too important.

  In more practical terms, making noise about the need for this treaty is really important. That could look like sharing content online, signing petitions, or writing to your country’s minister of foreign affairs to show how important getting this treaty done is. None of us can survive without a healthy ocean, so we all need to up to protect it.

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  Get in touch with Greenpeace Aotearoa through itswebsite orFacebook page, and follow@GreenpeaceNZ and @EleanorRowena on Twitter.