environmental defenders

• Brazil: Open letter on the Escazu Agreement

  To Brazil's Minister of Foreign Affairs

  Cc: Office of the President’s Chief of Staff, Rui Costa; Minister of the Environment and Climate Change, Marina Silva; Minister of Human Rights and Citizenship, Silvio Almeida; Minister of Indigenous Peoples, Sônia Guajajara; Minister of Justice, Flávio Dino; Minister of Agriculture, Carlos Fávaro; Minister of Agrarian Development, Paulo Teixeira; Minister of the Office of the Comptroller-General, Vinicius Marques de Carvalho; Solicitor General, Jorge Messias.

• Cambodia: Government must end the persistent judicial harassment of environmental defenders

  

  The Government of Cambodia must drop the charges against Mother Nature Cambodia (MNC) environmental defenders and immediately release them, said human rights groups Asian Forum for Human Rights and Development (FORUM-ASIA), Asia Democracy Network (ADN), CIVICUS: World Alliance for Citizen Participation, Earth Rights International (ERI), and Front Line Defenders.

  On 20 June, environmental defenders Sun Ratha, Yim Leanghy and Ly Chandaravuth were charged with conspiracy against the government (Article 453 of the Criminal Code), which carries a sentence of five to ten years. Sun Ratha and Yim Leanghy were further charged with insulting the king (Article 437 bis), which carries a sentence of up to five years.  MNC founder Alejandro Gonzalez-Davidson was charged in absentia for both offences. Another human rights defender, Seth Chhivlimeng who had earlier been arrested was detained for 24 hours and released without charge.

  The Interior Ministry spokesperson had earlier accused them of using foreign money to commit ‘rebellious actions’ against the Government.

  ‘The judicial harassment of these human rights defenders is part of the government’s systematic campaign against environmental defenders who try to hold them to account for violations of environmental rights. It sends a chilling message that instead of taking steps to address the environmental damage brought on by businesses and development activities, they will target the defenders,’ said Olive Moore, Deputy Director at Front Line Defenders.

  The activists were arrested on 16 June 2021 for documenting the sewage discharge into the Tonle Sap river in Phnom Penh. The environmental group Mother Nature Cambodia has consistently advocated for the protection of the environment through peaceful activism and worked to expose corruption behind development activities. 

  For their advocacy, they have faced reprisals from the government. In May 2021, MNC activists Thon Ratha, Long Kunthea, Phuong Keo Raksmey, Alejandro Gonzales-Davidson and Khmer Thavrak Youth Movement activist Chea Kunthin were sentenced to between 18 and 20 months’ imprisonment for incitement. Three of them, Thon Ratha, Long Kunthea, Phuong Keo Raksmey, had been in pre-trial detention since September 2020, while Kunthin and Gonzales-Davidson were charged in absentia. 

  The charges of conspiracy and insulting the King, point towards an escalation of harassment against defenders. 

  ‘Within a repressed civic space, these charges of conspiracy and insulting the king demonstrate the extent to which the government will use its arsenal of repressive laws against human rights defenders they see as a threat. These arbitrary and vague laws continue to be used to stifle dissent and peaceful advocacy and are inconsistent with Cambodia’s international human rights obligations,' said Josef Benedict, CIVICUS Asia Pacific Researcher.

  The groups call on the international community, including the United Nations, to condemn the harassment of environmental defenders, and to stand for the causes they fight for.

  ‘The international community must condemn this systematic targeting of human rights defenders and call for their immediate and unconditional release. They must take a stand against the escalation of harassment against defenders, including through the arbitrary use of repressive laws meant to intimidate dissenters. The protection of defenders must be of utmost priority and these attacks cannot be justified,’ said Shamini Darshni Kaliemuthu, Executive Director of FORUM-ASIA. 

  ‘Further, they must ensure any agreements or engagements they have with the government or with its businesses comply with international human rights standards including the UN Guiding Principles on Business and Human Rights, and do not further cause harm to defenders who continue to fight for the environment despite the massive risks they face,’ said the groups.

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  The Asian Forum for Human Rights and Development (FORUM-ASIA) - www.forum-asia.org

  The Asia Democracy Network (ADN) - www.adnasia.org

  CIVICUS: World Alliance for Citizen Participation - www.civicus.org

  EarthRights International- www.earthrights.org

  Front Line Defenders - www.frontlinedefenders.org

• CLIMATE CHANGE: ‘There is no respect for the role of civil society’

  Portuguese

  CIVICUS speaks with Adriana Ramos, advisor at Instituto Socioambiental (ISA), a Brazilian civil society organisation that has worked since 1994 to propose solutions to social and environmental issues. ISA's main focus is the defence of social, collective and public goods and rights regarding the environment, cultural heritage, human rights and peoples’ rights. 

   

   

  Do you think there is an increasing restriction of civic space in Brazil following the election of President Jair Bolsonaro?

  Yes, we already have plenty of evidence that there is less scope for democratic action by civil society, at least in regard to the government. Various councils, committees and commissions that used to function as formal spaces for civil society participation in policy-making have been shut down. Regarding climate policy in particular, the National Commission for Reducing Greenhouse Gas Emissions from Deforestation and Forest Degradation (CONAREDD+), the Climate Fund’s Steering Committee and the Amazon Fund’s Steering Committee were affected, which used to be important forums for the implementation of national climate change policies.

  The government is also behaving antagonistically toward civil society. Its belligerent and aggressive tone hinders the possibility of dialogue. There is no respect for the role of civil society. All of this reflects on the performance of organisations working on the frontline. The suspension of the Amazon Fund, for instance, has precluded many planned projects and jeopardised ongoing ones.

  The government also attempted to eliminate the Ministry of Environment because they thought there was no need for environmental policy. As the proposal to eliminate it had a negative reaction among the public, the Ministry has remained in place, but it is now dedicated to dismantling existing environmental policies and legislation.

  When the Amazon fires came under the spotlight, the president of Brazil said that civil society organisations (CSOs) could be the ones responsible for deforestation. How have these statements affected the work of environmental organisations and defenders?

  Their first effect has been to drain all our energies by forcing us to focus on responding to such atrocious accusations. When the president makes such statements, the press is obliged to disseminate them, and we end up having to defend ourselves. We are put in a position where we need to respond to completely baseless statements made by the president. This is clearly a demobilisation strategy, as it paralyses our main activities and hinders the work of CSOs.

  In addition, there is little understanding of civil society in our country. As a result, such a statement sends a prejudiced message to the public and promotes misinformation and a misreading of the role of civil society. This is happening within the framework of a larger system that is actively promoting ‘fake news’. It ends up creating a cascade effect.

  Is there a link between this narrative and the threats facing environmental defenders, particularly those closest to the frontline of conflict?

  During his election campaign the president promised to “end all activism in Brazil.” We see the government acting consistently with this promise, promoting lawlessness and delegitimating the work of environmental defenders. This reflects directly in the increased lack of safety in the field and the sense of impunity that strengthens those who act illegally. Illegal activities are promoted in the Amazon region, such as illegal logging, illegal mining and land grabbing, all of which are sources of conflict. Those who have historically been the perpetrators of violence against indigenous peoples and environmental leaders come out stronger. In addition, the president’s authoritarian approach ends up mobilising public security forces. Public security forces, which should be working to defend vulnerable groups, are guided by a policy that criminalises and marginalises these groups. Thus, Brazil will probably continue to be listed as one of the most dangerous countries in the world for environmental defenders.

  How has civil society organised to respond in this context?

  We have sought to ensure the constitutional conditions for an active civil society, coordinating various efforts to guarantee the safety of defenders in the field and strengthen protection strategies for the social leaders who are in the most vulnerable positions. We need to innovate in our methods in order to be able to get through these times. It is an unfortunate situation, but I think Brazilian civil society is quite experienced in facing adverse situations and is trying to become stronger in this context.

  At the same time, I believe that checks and balances between the three powers of our government have never been as essential as they are today. If dialogue with the executive is unfeasible, then we must increase our work on the legislative and judicial fronts. Even with their institutional limitations, these end up being key spaces for intervention and contestation of the Brazilian government’s authoritarian actions. We still have a constitution in place. It is a robust constitution in terms of guarantees for individual rights and the freedom of association. On its basis, we carry on the battle.

  What kind of support do Brazilian environmental organisations and defenders need?

  We need more institutional support to ensure that organisations can develop their advocacy work as robustly as the context requires. We need protections that render them less vulnerable to any kind of persecution.

  But support is also needed to strengthen locally developed initiatives, by means of supporting local communities so they can generate income and manage their territories. It is no use fighting on the political front to prevent legislative changes if the living conditions of local communities deteriorate and they become increasingly vulnerable to the unsustainable proposals brought to them by the government. It is important to ensure that there are projects that generate income from sustainable forest use so that communities do not become vulnerable and prone to being used as pawns at the service of those who advocate for the opening of their territories for exploitation by third parties. If this happens, these territories will become unsustainable, and this is bad both for the communities and the environment. It is not only about supporting political resistance against the government’s discourse, but also about supporting best practices in autonomous environmental management by communities, so that communities are strengthened in the process, rather than becoming vulnerable to co-option.

  Is there a growing public movement for environmental causes in Brazil?

  I believe so. Every day more people are interested in mobilising and are reacting to what is happening. They begin to understand that this is a cross-cutting theme, as there is no economy or health without a healthy environment. Because of the current denial of environmental policy, the theme draws even more attention. Without a doubt, this can contribute to strengthening civil society and prompt more people to mobilise, participate and stay attuned to what is happening. That is the positive aspect of the current situation.

  Civic space in Brazil is rated as ‘obstructed’ by the CIVICUS Monitor.

  Get in touch with Instituto Socioambiental through its website or its Facebook and Instagram profiles.

• Honduras: After two years in pre-trial detention, release arbitrarily detained Guapinol human rights defenders

  🇭🇳#Honduras: Today marks 2 years since the pre-trial detention of the #GuapinolWaterDefenders for defending their land, water & environment.
  
  In this statement, we call on the government to immediately release them: https://t.co/5R8A2EDFG5#StandAsMyWitness pic.twitter.com/IwzH1F7ITd

  — CIVICUS (@CIVICUSalliance) September 1, 2021

  • Today marks exactly two years since Guapinol human rights defenders were jailed
  • Human rights defenders featured in CIVICUS’s Stand As My Witness Campaign
  • United Nations declared their detention is arbitrary and calls for their release
  • Detention unlawfully extended for further six months in August
  • Honduras one of the most dangerous places for environmental rights defenders

  For two years, eight members of the Committee for the Defence of Common and Public Assets (CMDBCP) have been held in pre-trial detention in Honduras for defending protected water sources and natural resources of communities in danger of mining related contamination. The Guapinol human rights defenders have been advocating against the Guapinol mining project in Tocoa, in the department of Colón in Honduras. They were initially detained on 1 September 2019, and are being kept arbitrarily in pre-trial detention without any legal basis.

  The eight defenders are Ewer Alexander Cedillo Cruz, José Abelino Cedillo Cantarero, José Daniel Márquez Márquez, Kelvin Alejandro Romero Martínez, Porfirio Sorto Cedillo, Orbin Nahuan Hernández, Arnol Javier Alemán and Jeremías Martínez. They were initially arrested on 26 August 2019, while protesting against the mining activities of the Honduras company Inversiones Los Pinares (ILP), which threatens the safety and livelihood of thousands of people in communities in the department of Colón. ILP was granted mining concessions by the state of Honduras in 2014 and its ongoing mining projects have contaminated water sources. Projects are being implemented without adequate consultations with communities affected.

  “There is absolutely no basis for Honduras to detain the eight human rights defenders and to continue to keep them in pre-trial detention. Despite numerous calls from the international community, including from United Nations bodies for their release, the Honduran authorities continue to disregard the rule of law and have held them for two years now,” said David Kode, Advocacy and Campaigns Lead, CIVICUS.

  The CMDBCP was set up primarily to raise awareness about the impact of the Guapinol project mining activities and to advocate against the actions of mining communities on behalf of the people affected. More than 32 members of CMDBCP have been subjected to judicial persecution and arbitrary detention, 6 have been killed and many more face threats and intimidation. These restrictions are symptomatic of the violence and human rights violations which target environmental and land rights activists, which makes Honduras one of the most dangerous countries for activists working on climate justice and environmental rights in the world.

  On 9 February 2021, the United Nations Working Group on Arbitrary Detentions established that the deprivation of the liberty of the Guapinol human rights defenders is arbitrary and called on Honduras to release them immediately.

  “The continuous detention of the Guapinol human rights defenders violates Honduras’ regional and international human rights violations and exposes the defenders to severe health risks in the context of a global pandemic,” David continued.

  The Guapinol human rights defenders are part of the CIVICUS #StandAsMyWitness campaign - a global campaign that advocates for the rights of human rights defenders and calls for their release.

  CIVICUS calls on the Honduras government to respect the rule of law and immediately release the Guapinol human rights defenders and hold those responsible for human rights violations accountable.

  For more information on civic space violations, visit the Honduras country page on the CIVICUS Monitor

• 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.

• Honduras: Trial of Guapinol defenders begins as state continues to ignore calls for their release
  • The trial of the Guapinol human rights defenders begins on 1 December, after 2 years of unlawful detention.
  • Human rights defenders featured in CIVICUS's #StandAsMy Witness Campaign.
  • United Nations declared their detention is arbitrary and called for their release.
  • Honduras was recently elected to the UN Human Rights Council for the first time.
  • Honduras is one of the most dangerous places for environmental rights defenders.
• Malaysia: Government must halt harassment of land rights defenders

  

  ^{Credit: Parti Sosialis Malaysia}

  ARTICLE 19 and CIVICUS are concerned by the arrests of three land rights defenders and a farmer for trying to block a forced eviction by the Perak state government on 24 October.  Our organisations are also disturbed by the way the authorities conducted the eviction and the use of force against a human rights defender.

• Recommendations for advancing climate justice through increased recognition & protection of land & environmental defenders

  As the climate crisis worsens, so does the violence against those protecting our environment, including climate-critical forests. To achieve real climate justice, we need to address the situation of those working on the frontlines to demand climate action. Around the world, environmental defenders working on climate justice are increasingly targeted with violence, harassment, and criminalisation. Most of these attacks are related to land conflicts involving climate-damaging industries–from deforestation by agribusinesses to mining – yet corporate accountability for such harm is lacking.

  

  In this brief for policymakers attending the United Nations Climate meeting in Egypt (COP27), civil society organisations: EarthRights, Global Witness, Natural Justice, Sociedad Peruana de Derecho Ambiental, CIVICUS, and the International Land Coalition share their recommendations for protecting those on the frontlines of the climate crisis and enabling the diverse, safe, and effective participation of civil society observers during COPs and other international climate negotiations.

  READ THE REPORT

   

   

• The situation of environmental human rights defenders across Africa continues to be dire

  CIVICUS statement at the 77th Session of the African Commission on Human and Peoples Rights   

  Agenda Item 3 (Human rights situation in Africa)

  Statement on the situation of environmental human rights defenders in Africa

  Delivered by Paul Mulindwa 

  Global civil society alliance CIVICUS and partners under Environmental Rights Legal Framework Coalition congratulate the Chair, on your re-election for the 2^nd mandate as the chair of the Commission, and we commit to a continued collaboration. We welcome this opportunity to address the African Commission on the situation of environmental human rights defenders in Africa.

  Honourable Chairperson, the situation of environmental human rights defenders across Africa in 2023 continues to be dire, in the face of ever-increasing environmental degradation, natural disasters caused by the effects of climate change, and abuses against vulnerable communities for profit or so-called progress. Increased armed conflicts and insecurity have left communities in extractive areas particularly vulnerable to abuses without safe access to courts or remedy.

  Between January 2015 – March 2023, the Business & Human Rights Resource Centre tracked more than 4,700 global attacks against human rights defenders raising concerns about harmful business practices, with 75% of these attacks being against environmental human rights defenders. 431 of the attacks documented were against defenders in Africa, including 68 attacks in 2022 and 2023.

  Despite the African Charter on Human and Peoples’ Rights and subsequent instruments recognising most of the rights affected by climate change, many vulnerable communities including Indigenous Peoples  are adversely affected. Yet, in 2023, many African governments still face significant challenges in the implementation and enforcement of such frameworks.

  The closing of civic space through restrictive legislation, judicial harassment, intimidation and attacks against indigenous peoples, civil society organisations, media actors, and environmental and land defenders create real barriers for progress. Increases in attacks against human rights defenders and communities has been exacerbated by harmful business practices across the continent.

  The lack of regulation and accountability for violations of environmental rights and environmental degradation, and against environmental defenders, particularly by the business sector, jeopardises Africa’s vision 2063 for prosperous sustainable development in a continent-wide free trade area.

  CIVICUS also commends the Commission for passing its Resolution on Business and Human Rights in Africa (ACHPR/Res.550 (LXXIV) 2023) as a critical first step in regional implementation of the UN Guiding Principles on Business and Human Rights and advancing the business and human rights agenda and notes the urgent need for the establishment of a regional instrument for accountability for corporate entities for environmental abuses.

  Honourable Chairperson, we therefore urge the African Commission on Human and Peoples’ Rights to:

  1. Adopt a resolution for the drafting of a regional instrument for the protection of  Environmental Rights in Africa.
  2. Expedite the process of the drafting of an African Regional Instrument to Regulate the Activities of Transnational Corporations and other Business Enterprises, towards ensuring accountability and access to remedy for business-related human rights violations in Africa, with particular focus on marginalized and vulnerable populations, in accordance with Resolution on Business and Human Rights in Africa (ACHPR/Res.550 (LXXIV) 2023).
  3. Adopt a resolution for a moratorium on resource extraction activities in conflict and fragile state in Africa.
• World leaders meet at COP26 but many participants from the frontlines of climate change are left out in the cold

  As world leaders meet at #COP26, barriers for participation have left many participants from the frontlines of the fight against climate change out in the cold https://t.co/2dH7jLKqkx #UNmuteCOP26 #Facesfromthefrontlines pic.twitter.com/7sDCIkC0Z2

  — CIVICUS (@CIVICUSalliance) November 4, 2021

  The stakes are higher than ever at COP26 and the lives of many of the world’s most disadvantaged communities hang in the balance, with rising sea levels, major storms, floods and droughts all increasing due to climate change. Governments must be ambitious and deliver on their commitments to de-carbonise our economies by 2030.

  The negotiations at COP need accountability as there is an inherent power imbalance within the UN talks between industrialized countries and countries of the global South.

  However, the possibility for participation of community representatives from areas that are directly affected around the world has been very restricted and, in some cases, individuals have been harassed or excluded by their own governments. These communities will largely be left out of the physical negotiations which are critical in holding the high polluting member states to account.

  Barriers for participation have been far higher at this COP than in previous years, in part due to travel restrictions linked to the Covid-19 pandemic. The inequality of access has been massively exacerbated by the inequities of vaccine provision. Many of the communities most affected by the climate crisis are also suffering an artificial shortage of vaccines - and the lack of solidarity shown by wealthier donor countries such as the UK and Germany in blocking the sharing of vaccine technology and thereby preventing developing countries from producing their own vaccines.

  Additional challenges have come in the form of a very restrictive visa regime in the UK, which has been particularly restrictive to individuals coming from outside Europe and North America and has often led to lengthy delays for travel bookings which creates a knock-on effect of prohibitively high travel costs. In some cases, there has also been direct targeting of human rights defenders who advocate for climate and social justice.

  From established democracies including the United Kingdom, Australia and Austria as well as other countries like Kazakhstan, Uganda and Egypt, groups protesting for climate justice and the protection of the environment have been violently dispersed. In countries including Honduras, Philippines, Nicaragua and Columbia, human rights defenders advocating for climate justice and for the protection of indigenous rights and the rights of communities are jailed and persecuted. This direct intimidation and detaining of activists prevents the voices of essential communities from being heard in global forums.

  REACTIONS FROM GLOBAL CIVIL SOCIETY

  Tasneem Essop, Executive Director, Climate Action Network says:
  ”We know civil society participation is critical to get a strong outcome from COP26. Yet by pushing for a physical COP in the middle of a global pandemic, with all the restrictions on travel and exorbitant costs, we can see that real and meaningful participation is under threat. This is particularly true for those from vulnerable communities from the global South. The issues on the table at this COP pertaining to finance, loss and damage and keeping 1.5C in sight require those most impacted to have a seat at the table, to scrutinise outcomes from governments, hold polluters accountable and fight to secure a safe and just future.”

  Lysa John, Secretary-General of CIVICUS says:
  “The world is watching while leaders meet at COP26, real action is needed now but many of the people who can bring lived experience of climate change from around the world are being left out. Now more than ever, the perspectives of people who are most affected by the severe impacts of climate change should be heard and respected.”

  Emeline Siale Ilolahia, Director of the Pacific Island Association of NGOs and board member of Action for Sustainable Development says:
  “Many of the Pacific Islands are facing direct threats in terms of loss of land and livelihoods due to climate change but our voices are increasingly drowned out and major economies are not taking responsibility for the wider impacts of their inaction. We have been told that this is the moment to build back better, but we need to see world leaders opening space for a more inclusive vision for the future.”

  STORIES OF KEY ACTIVISTS WHO ARE NOT ABLE TO ATTEND:

  Disha A Ravi (India) is a 23 year old climate justice activist with Fridays For Future India and a writer. She became an activist after she saw her family impacted by the water crisis. She is best known for advocating for better policies and governance for the climate and environmental sector. She is passionate about ensuring that voices from most affected people and areas are represented in climate conversations and negotiations. Her passport has been withheld by authorities.

  Suvendu Biswas (Bangladesh) is a young climate activist working on climate and youth issues in the coastal area of Bangladesh. He supports youth-led digital and climate actions to end climate injustice for his peers and their community people. He was prevented due to high cost of travel and visa

  Nyombi Morris (Uganda) is a 23 year old climate activist from Uganda fighting to include climate change in the curriculum in schools and promoting tree planting. Nyombi has been advocating to Save Bugoma forest and Congo basin since 2019. He was arrested this year during his Fridays for future strikes in Kampala.

  Aïman Atarouwa (Togo) is active in the fight against climate change, in particular: the promotion of renewable energies; supporting the global climate strikes; and leading arts activities on the environment. He could not attend due to COVID-19 travel restrictions.

  Guapinol Water Defenders (Honduras) Porfirio Sorto Cedillo, José Avelino Cedillo, Orbin Naún Hernández, Kevin Alejandro Romero, Arnold Javier Aleman, Ever Alexander Cedillo, Daniel Márquez and Jeremías Martínez Díaz, Defenders of Tocoa, in the northern region of Honduras. They were protesting against the implementation of a mining project in the protected area ”Carlos Escalares” that would endanger fresh water sources in the region. They have been detained and charged with arson and unlawful deprivation of liberty.

  Angela Mendes (Brazil) is the daughter of murdered environmental defender Chico Mendes. She is actively working to protect the rainforest reserves that were set up over the last 20 years in the Western Amazon which are under threat by the Bolsonaro Government. She could not travel due to COVID-19 and visa delays.

  For further information contact:

  Oli Henman, Action for Sustainable Development  or Tel: 07803 169074
  The campaign #UNmuteCOP26 #Facesfromthefrontlines is running at COP26. Check it out here: https://twitter.com/Action4SD/status/1454098027971551233