Posts Tagged ‘Daily Maverick’

Fikile Nsthangashe: “I will die for my people” and she did..

November 2, 2020

Portrait of a Community Activist

In the Daily Maverick of 1 November 2020 Estelle Ellis tells the sad story of murdered land rights defender Fikile Ntshangase in South Africa

A strongly worded statement from a large number of civil society organisations in South Africa has condemned the death of KwaZulu-Natal community activist Fikile Ntshangashe who was gunned down in her home last week as lawyers were preparing for a groundbreaking appeal fighting an order that her community organisation and those who assisted them should pay for a failed attempt to stop further mining operations in the area.

I refused to sign. I cannot sell out my people. And if need be, I will die for my people.” This was the quote that activists remembered Mama Fikile Nsthangashe by after she was gunned down in her home at Ophondweni near Mtubatuba on 22 October 2020.

As the vice-chairperson of a sub-committee of the Mfolozi Community Environmental Justice Organisation (MCEJO), she was deeply involved in the challenge against the further expansion of a large coal mine at Somkele in KwaZulu-Natal by Tendele Coal Mining (Pty) Ltd. She was described by her fellow activists as a strong, passionate and principled leader.

On Tuesday the Supreme Court of Appeal will hear one of Nsthangashe’s final stands – an appeal in the case brought by MCEJO to stop the mining operations in the area.

According to a joint statement issued by environmental rights NGO Groundworks; Earthlife Africa; Global Environmental Trust, Mining Affected Communities United in Action, the Mfolozi Community Environmental Justice Organisation, the Southern Africa Human Rights Defenders Network and Women Against Mining United in Action the South African Police were called on to act swiftly and arrest those responsible for her death.

The statement alleges that four gunmen arrived at Ntshangashe’s home on 22 October 2020 at about 18:30. Her 11-year-old grandson was with her. She was shot five times and died at the scene.

“Tendele’s coal mining operations have caused untold destruction of the environment and the homes and livelihoods of the residents of Somkhele,” the statement reads. “Over the past few months, tension has been rising in the community over the proposed expansion of Tendele’s operations, and [her organisation’s] opposition to that expansion … Recently, Tendele was pushing for an agreement to be signed between MCEJO and Tendele to the effect that MCEJO would withdraw its Court challenges of Tendele’s expansion of its coal mine at Somkhele. Mama Ntshangase refused to sign the agreement, which certain of her fellow sub-committee members signed, purportedly doing so on behalf of the organisation … She warned sub-committee members that they had no power to make decisions on behalf of MCEJO and that the agreement only benefited Tendele. She also refused to attend any of the secret meetings that other sub-committee members held with Tendele. Days before her brutal killing, Mama Ntshangase stated her intention to write an affidavit, revealing that sub-committee members had spoken to her of a payment of R350,000 in return for her signature,” she added.

According to the statement the expansion of the mine would require the relocation of 21 families (19 of them MCEJO members) from their ancestral land. Many of these families have lived on their land for generations.

We mourn the senseless tragedy of Mama Ntshangase’s murder, and condemn her killing. We call on the South African Police Service to act swiftly to arrest and prosecute her murderers,” the statement concluded.

Martin Mosweu from the Southern Africa Resource Watch said he was deeply saddened and angered by the killing of Ntshangase.

She was hailed as a courageous human rights defender by her community for standing against the Tendele Coal Mine expansion in violation of the right to a safe environment. The murder of Fikile Ntshangase is a cause of concern to the work of human rights defenders in South Africa and in the SADC region. Governments are failing in their international obligations to the Declaration of Human Rights by not protecting and supporting human rights defenders in the context of their work. In Southern Africa, people who live near mines continue to face threats of violence and intimidation from mining companies who blatantly disregard their socio-economic, land, and environmental rights. Human rights defenders continue to be threatened and killed for standing up against powerful mining companies that violate human rights, often with impunity and tacit support from governments. This is why many mining communities throughout the region are now taking a stand and demanding a new order, insisting on extractive projects that secure a beneficial win-win relationship, free and prior informed consent in involuntary displacements, and community engagement in all stages of the mining cycle for inter-generational sustainable livelihoods,” he added.

Papers filed at the Supreme Court of Appeal for a hearing on Tuesday, in one of the last battles that Ntshangase had been passionately fighting on behalf of her community, has painted a stark picture of the conflict in the area.

The appeal, brought by MCEJO and the Global Environmental Trust is against the refusal by the Pietermaritzburg High Court to issue an interdict to stop mining operations in the area.

The community claimed that the mine did not have the necessary environmental authorisation, lacked land use authorisation, had not removed or altered the traditional graves in the area according to law and had failed to comply with the Waste Act.

The mine, however, argued that it had all the valid mining rights and permissions to carry on with its operations. In papers filed at court, lawyers for Tendele, stressed that their operations were conducted in terms of valid Mining Rights and Environmental Management Programmes granted and approved by the Department of Mineral Resources in 2006 and that while the legislative framework had changed there were transitional measures put in place for mines like Tendele.

This, according to papers before court included the waste management at the mine.

According to papers filed at the Supreme Court of Appeal the Centre for Environmental Rights (CER), represented by advocate Max du Plessis SC; intervened in the matter because of its concerns that the judgment opened the door for mining companies to operate illegally. The CER also expressed its concern over a cost order made in the original case as this “would discourage communities from approaching the courts to defend their constitutional rights through the fear of being debilitated by having to pay the legal costs of industry and the state”.

For another land issue in South Africa, see: https://humanrightsdefenders.blog/2020/01/30/rural-women-in-south-africa-win-landmark-case-in-court/

Daily Maverick in South Africa keeps a weekly calendar of civil society events

February 3, 2020

South Africa‘s Daily Maverick has a weekly feature to inform readers of a cross-section of events organised by civil society organisations, including those by human rights defenders. Here some excerpts as illustration: .

2020 is in full swing. Last week the Maverick Citizen team met in Cape Town to discuss civil society plans and priorities for 2020 in South Africa and internationally and how best to report them. As our popular Civil Society Outlook showed, it’s going to be a pivotal year, and the reports we provided of activists’ plans were only the tip of the iceberg:

starting on Monday 3 February, civil society and human rights defenders from 30 countries will be meeting a few kilometres down the road at the Alternative Mining Indaba (AMI). The AMI is in its eleventh year and is hosted by the Economic Justice Network of the Fellowship of Christian Councils in Southern Africa (EJN of FOCCISA). Its theme is “environmental and economically sustainable mineral economies in an era of climate change catastrophe”.
Monday 3 February, watch out for the judgment of the Constitutional Court in Malawi on the fairness and legality of last year’s presidential elections in that country. Since the elections, Malawian civil society organisations have been at the forefront of protests. NGOs such as the Malawi Human Rights Defenders Coalition and Freedom House are calling on the Malawian government to respect the rule of law and the decision of the court.
Wednesday February 5th is the 38th anniversary of the murder of Neil Aggett by the brutal apartheid security police. Next week will mark the third week of the inquest into his death. (FAWU) to South Gauteng High Court to demand the prosecution of his murderers.
Important public hearings are underway on the controversial and highly contested Traditional Courts Bill. However, Parliament, through omission or commission, seems to want to keep them as unpublic as possible. Last week, hearings took place in the Northern Cape. However, the Land and Accountability Research Centre (LARC), one of the bill’s most informed and vocal critics, only received a notification on Tuesday 28 January. The Gauteng hearings are scheduled to take place in February but dates are not yet confirmed.
Finally, an issue that should occupy us all every day. The Climate Justice Coalition is asking for your input on the draft Climate Justice Charter which it intends to present to Parliament later this year.
February: SONA, the budget and the civil society campaigns that attempt to arc society towards social justice. 

…… On Friday we will continue with our weekly profile of women activists who lead civil society.  

(If you have events or meetings which you think other activists ought to know about, write to us at: maverickcitizen@dailymaverick.co.za)

 

Civil Society Watch, 3-10 February 2020

Amnesty International’s Global Assembly 2019 deserves more attention: big shifts coming up

August 5, 2019

This weekend Amnesty International’s 2019 Global Assembly (GA) took place on the edge of Johannesburg. In a world where all news should be equal, or a world less fixated on Busi Mkhwebane or Donald Trump, global gatherings of human rights activists ought to be headline news. Their debates and decisions should be reported; their accountability structures scrutinised. But the media was visible by its absence. This is what the Daily Maverick of 4 August 2019 wrote and its is worth reading in its totality!:

Amnesty International (AI) is probably the largest international human rights organisation in the world. It has more than eight million members and each of its 69 country sections sent three elected delegates to the GA, one of whom had to be a young person under 25. AI is worth watching because its membership is largely unpaid volunteers, people prepared to get on the streets to realise their hopes for a fairer world. Unlike many other civil society organisations it doesn’t take funding from governments or private corporations. And it’s still hungry for change. But in addition to the GA taking place in South Africa, our country lent some of its most famous sons to the deliberations. The keynote opening address was delivered by Justice Dikgang Moseneke, who movingly recalled how letters from Amnesty International sent to his mother began arriving within a month of the start of his 10-year sojourn on Robben Island. “It was an abiding lesson in global solidarity,” he told delegates, who gave him three standing ovations. He was complemented by seasoned South African activist Kumi Naidoo, who is entering his second year as AI’s secretary-general. Amid the buzz of arriving delegates, last-minute preparations and a pre-conference of its youth members, I persuaded Naidoo to surrender 45 minutes of his time for a short conversation about the challenges AI faces on making itself relevant and ready for some of the greatest challenges humanity has ever faced. Naidoo started our conversation by saying that AI understands that this is a watershed time for human rights activism. He pointed out that the movement is midway through developing a new strategy that aims to help it become “a bigger, bolder and more inclusive human rights movement”. “Bigger” because AI knows it needs numbers to have political clout – it aims to increase its membership to 25 million people in the next few years. “Bolder” because many of the methods activists have used successfully in the past have been tamed. In his address to the assembly, he warned that “Our ability to raise the political cost of human rights violations simply by exposing them and naming them is receding.” He talked of the need for widespread “civil disobedience”. This might come as a shock to many of AI’s traditional members who are more used to writing protest letters. “More inclusive”, because AI’s centre of gravity has to shift south and its demographic has to quickly encompass millions more young people and black people. These are big asks, but Naidoo argues that this is a critical moment for introspection by human rights activists. In the face of galloping climate change, rising populism and “Big Men” leaders with their fingers on weapons of mass destruction, it has to be an introspection on the run. In 2019 and the years ahead we cannot afford a demobilisation of civil society as it takes time out to think. This is because, warns Naidoo, “Humanity is at a critical point. The world in which AI was created in 1961 is now very, very different.” He talks a lot, in this regard, about the climate crisis, about how real the threat of human extinction is becoming. “The Special Report of the UN Intergovernmental Panel on Climate Change in October 2018 said we have 12 years to drastically reduce carbon emissions.” (The report said that to limit climate change to 1.5°C it will be necessary to reduce carbon emissions by 45% globally by 2030). As a result, Naidoo believes, Amnesty now needs “to climatise all our existing work”. Hear, hear, I thought, there’s a lesson for South African civil society there. For example, one pillar of AI’s core business has always been campaigning against the death penalty. And it has done very well. UN Secretary-General Antonio Guterres says that only 23 out of its 193 member states still carry out the death penalty. But now, Naidoo says, “Humanity is facing a mass death penalty as a result of climate change.” Bearing out the importance AI attaches to this “existential threat to civilization” AI’s 2019 Ambassador of Conscience Award has been given to Greta Thunberg and the Fridays for the Future movement. AI hopes it will be handed over by the US politician and activist Alexandria Ocasio-Cortez in Washington during the week of the great climate strike planned for 20 September.

Yet, Naidoo says, “The core DNA of Amnesty – defending human rights defenders – will continue.” The fact that the very notion of human rights is under attack makes them all the more important to defend. Thus, “Whilst last year the United Nations marked the 70th anniversary of the Universal Declaration of Human Rights with the necessary aplomb, if the UN were to try and pass such a declaration today it would not get out of the starting blocks.”

Sadly, with the current crop of leaders like Trump, Modi, Putin, Bolsanero, Johnson we know he’s right. Once again it falls to civil society to stand up and make the case for human rights. But that can’t mean just more of the same. Civil society’s methods, tactics and strategies have to adapt. For example, although AI was formed to protect what are known as first generation rights (exposing torture and the death penalty, supporting prisoners of conscience etc), Naidoo told the conference that it is socio-economic or second generation rights that matter most to billions of people – access to food, health services, basic education or water. And these days it is most often community protests to demand the fulfilment of these rights that leads corrupt and fragile states to unleash new waves of violations on the rights to peaceful assembly, freedom of expression or association. A recent report by Global Witness records the killing of three environmental or land activists a week in 2018. In this context the climate crisis again serves to hammer home the need for change. “If people think human beings currently treat each other badly, you haven’t seen anything yet,” Naidoo muses, echoing conclusions made in a recently published UN report on Climate Change and Human Rights. So in addition to gazing at its DNA, AI also discussed its campaign methods, and it’s here perhaps that it required the deepest introspection: “At best we are winning the battles, but losing the war.” “We have access to power, without influence.” “We have to get out of our silos.”… “The catastrophic error we made at the Rio Earth Summit in 1992 was to frame climate change as an environmental issue.” In fact, it’s an everything issue. Much the same can be said about many of the other fronts on which civil society wages its war for dignity. Health is an education issue. Education is a gender equality issue. Water is a dignity issue. Preventable hunger is a torture issue. Nutrition is a children’s rights issue, and so on. It’s time to rethink how we articulate rights and freedoms. At the end of 45 minutes, a polite young AI staffer ushered us out of the room. Naidoo looked tired even though the day was just beginning. We are living in what philosopher Slavoj Zizek calls “the end-times” and Kumi Naidoo is the captain of one of the few human rights movements that has to find it within itself to pull us back from the brink. And that’s why the Amnesty Global Assembly should have been in the news.

https://www.dailymaverick.co.za/opinionista/2019-08-04-bolder-and-more-inclusive-amnesty-international-holds-global-assembly-in-sa/

Margie Orford writes well even when reporting on a meeting in Oxford

October 18, 2018

Margie Orford – an internationally acclaimed writer – wrote an excellent and very readable report on Hillary Clinton‘s visit to Oxford where she dedicated a statue to Eleanor Roosevelt in the garden of the newly opened Centre for Human Rights. It was a published in the Daily Maverick on 18 October 2018 under  the title: London Eye: Democratic institutions must be defended in an era of machismo and aggression. It is worth the read and I only quote a short section to give a flavor:

…The sun is shining, I think Eleanor is great, I have no real objection to public art and I’ve been a lifelong fan of human rights, but it’s all I can do not to yell:

Hillary! you should be in the White House. I know you’re not perfect and you had Bill as a husband, but you won the popular vote and you are sane, personable, experienced. You are not hell-bent on turning America into The Handmaid’s Tale and you’re equipped to do that really big job of being the boss of the world. Why are you here?”

As I listen to former Secretary Clinton describing this historical moment — that is now – with eloquence and erudition, I pay attention to her speech. How she speaks. What she says. …....Not only is Trump conducting a sustained attack on language and thought, he is doing the same to America’s democratic institutions. Listening to Clinton gives me that Titanic feeling. The iceberg might be orange this time, but what she says convinces me that — unless there’s a miracle, one that ordinary people opposed to tyranny will have to perform — we’re all going down…..

https://www.dailymaverick.co.za/opinionista/2018-10-18-london-eye-democratic-institutions-must-be-defended-in-an-era-of-machismo-and-aggression/