Posts Tagged ‘environmental defenders’

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Germany Prosecutes Environmental Defenders says HRW

May 30, 2024

Nina Alizadeh Marandi of HRW on 28 May 2024 said that German environmental activists are facing increasingly harsh rhetoric and legal action from authorities as they mobilize to confront the climate crisis.

Last week, on 21 May, Germany’s efforts to curb environmental activism took a disturbing turn when authorities used an offence typically reserved for prosecutorial pursuit of serious organized crime to indict Letzte Generation (Last Generation), a climate activist group known for disruptive protests such as roadblocks and other acts of civil disobedience, as a criminal organization. A conviction under federal law would pave the way for prosecuting anyone who participates in or supports Letzte Generation, including administratively or financially.

This heavy-handed approach reflects a troubling trend in Europe of stifling civil society and climate activism. Such actions chill public participation in protests against state policies or state inaction on a range of urgent issues. [see also:https://humanrightsdefenders.blog/2024/03/04/state-repression-of-environmental-defenders-a-major-threat-to-human-rights/]

The investigation into Letzte Generation as a criminal organization has involved armed police conducting predawn raids, storming private apartments while the activists were still asleep, and granting warrants for police to surveil the group’s communications, including calls made with media.

Last year the group’s website was temporarily seized during a fundraising campaign, with a notice from the police falsely labeling Letzte Generation a criminal organization and stating any donation constitutes illegal support for crime. This move by the police, despite no judicial assessment of the charges having taken place, exposes a deeply worrying bias against the group and raises questions about whether authorities are respecting due process.

International law protects the right to public participation in environmental matters and recognizes peaceful, nonviolent civil disobedience as a legitimate form of assembly. Disruptions like traffic blockades, while inconvenient, generally do not constitute violence under international standards, although damage to or destruction of private or public property may.

While civil disobedience often involves breaking national laws, authorities are required to respond proportionately, giving due weight to the right to protest and the importance to the public interest of the issues at stake.

The government’s extreme response to Letzte Generation’s activism appears disproportionate, threatens the very right to protest, and smears climate activists when their cause has never been more urgent. Instead of intimidating environmental defenders, Germany should live up to its commitment to ambitious climate action and investigate the concerns that groups like Letzte Generation raise.

https://www.hrw.org/news/2024/05/28/germany-prosecutes-environmental-defenders

But it can also be undone: see: https://www.hrw.org/news/2024/05/29/uk-court-rules-anti-protest-measures-unlawful

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Human rights defenders in Brazil disappointed by Lula and Mary Lawlor agrees with them

April 24, 2024

On 19 April 2024 – Indigenous Peoples Day in Brazil – tribal leaders and activists used the occasion to criticize government of Brazilian President Luiz Inácio Lula da Silva for falling short on promises to safeguard native land rights.

This is revolting for us Indigenous peoples to have had so much faith in the government’s commitments to our rights and the demarcation of our territories,” Alessandra Korap Munduruku, a member of the Munduruku people and a 2023 winner of the prestigious Goldman Environmental Prize, told Amazon Watch in a statement published Friday.

“We hear all of these discussions about environmental and climate protection, but without support for Indigenous peoples on the front lines, suffering serious attacks and threats. Lula cannot speak about fighting climate change without fulfilling his duty to demarcate our lands,” she added.

On the same day United Nations Special Rapporteur on the situation of human rights defenders, Mary Lawlor said that Brazil needs to prioritise the demarcation and titling of land – the root cause of most attacks against human rights defenders in the country.

“Human rights defenders are under extreme threat in Brazil. The Federal Government knows this but has so far failed to put the structures in place to provide them with better protection and tackle the root causes of the risks they face,” said Mary Lawlor, in a statement following an official visit to the country.

Brazil’s Federal Government recognises human rights defenders and their work, and understands the risks they face, the expert noted. However, when human rights defenders challenge structures of power that impose and reinforce injustice, they are violently attacked and face an extremely high level of risks, she said. “Again and again during my visit I heard from defenders who had survived assassination attempts, who had been shot at, had their houses surrounded, had death threats delivered to their door. I heard from defenders whose work had been criminalised,” Lawlor said.

“The defenders most at risk in Brazil are indigenous and quilombola people and members of other traditional communities. In many cases, perpetrators of the attacks are known. Yet, there is rampant impunity for these crimes,” the expert said.

The UN expert said business and markets play a key role as drivers of conflicts, putting human rights defenders at risk. “The demarcation and titling of indigenous, quilombola and other traditional peoples’ land, as well as the revision of the legality of all existing concessions given to companies must be prioritised,” she said.

Lawlor said that in urban areas, human rights defenders were also being attacked, defamed and heavily criminalised, specifically black women human rights defenders, journalists, popular communicators and lawyers, and social and cultural workers.

“The conflation of human rights defenders with criminals by local authorities – in particular defenders who are part of social movements and supporting the most vulnerable in society – is a clear problem and must end,” the expert said.

A protection programme to address situations of risk for human rights defenders has been in place in Brazil for some time. However, Lawlor said it was currently unfit for purpose and needs radical reform and expansion. Lawlor applauded the Federal Government for re-opening the door to human rights defenders and civil society in the design of policy that affects them and encouraged authorities to not abandon these efforts.

“The Federal Government needs to match the courage of human rights defenders in the country – and it must do so now,” Lawlor said.

On 22 April 2024 Maria Laura Canineu HRW’s Deputy Director, Environment and Human Rights, said she wanted to use this quilombolaas an opportunity to celebrate the work of the courageous people who put themselves at risk fighting for a world in which people and the planet can thrive. “I personally would like to honor Osvalinda Marcelino Alves Pereira. Sadly, she passed away from a long-standing illness just over a week ago.”

https://reliefweb.int/report/brazil/united-nations-special-rapporteur-situation-human-rights-defenders-mary-lawlor-brasilia-19-april-2024-enpt

Download Report (PDF | 213.1 KB | Statement – English version)

https://www.commondreams.org/news/lula-indigenous-rights

https://www.hrw.org/news/2024/04/22/earth-day-homage-beloved-forest-defender

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UNEP defines environmental defenders

April 23, 2024

The UN defines environmental human rights defenders as “individuals and groups who, in their personal or professional capacity and in a peaceful manner, strive to protect and promote human rights relating to the environment, including water, air, land, flora and fauna”. 

Environmental defenders remain highly vulnerable and under attack across the globe. Worldwide, environmental defenders face growing assaults and murders – in conjunction with increasing intimidation, harassment, stigmatization and criminalization. At least three people a week are killed protecting our environmental rights – while many more are harassed, intimidated, criminalized and forced from their lands.

“For their tireless work in empowering communities and protecting ecosystems, environmental defenders are killed in startling numbers. Murder is not the only way environmental defenders are persecuted; for every 1 killed, there are 20 to 100 others harassed, unlawfully and lawfully arrested, and sued for defamation, amongst other intimidations” – John Knox, former UN Special Rapporteur on Human Rights and the Environment.

The United Nations has recognized the threats to environmental defenders and called for their protection. The UN Environment Programme (UNEP) builds on this work to support environmental defenders through its Defenders Policy, through which we:

  • Denounce the attacks, torture, intimidation and murders of environmental defenders;
  • Advocate with states and non-state actors, including business, for better protection of environmental rights and the people standing up for these rights;
  • Support the responsible management of natural resources;
  • Request government and companies’ accountability for the different events where environmental defenders have been affected / murdered.

And that problems exist – even in the developed world – is demonstrated again by the 19 April 2024 piece: https://theconversation.com/three-reasons-to-support-environmental-defenders-227742

Forst, in his report, puts it like this: “states must address the root causes of mobilisation” not the mobilisation itself. Indeed, tackling protesters and not oil producers is the democratic equivalent of rearranging deckchairs on the Titanic.

https://www.unep.org/topics/environmental-law-and-governance/who-are-environmental-defenders

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Inter-American Court on the Escazú Agreement’s protection for environmental defenders

March 8, 2024

On 7 March 2024, the ISHR report that the Inter-American Court of Human Rights examined the Escazú Agreement’s role in safeguarding environmental defenders, a landmark move for climate justice and human rights

The Advisory Opinion, which has already garnered a record number of interventions – over 250, a record in the history of the court – will mark a rare instance in which the Court will analyse a treaty that is not part of the Inter-American System, but of the Economic Commission for Latin America and the Caribbean: the ‘Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean’, also known as the ‘Escazú Agreement‘. For more on this, see: https://humanrightsdefenders.blog/tag/escazu-agreement/

In order to support the protection of environmental defenders, ISHR filed an intervention on environmental defenders, in collaboration with CIEL, FARN, and other international, regional and national organisations and human rights experts. 

The obligation to effectively protect EHRDs

The Inter-American Court of Human Rights has already recognised that States are obliged to protect human rights defenders, arising from the general obligations to protect the rights to life and integrity of the person, among others. However, the Court has yet to expressly establish whether protecting environmental defenders is an obligation that also derives from environmental commitments made by States, as these stakeholders are an indispensable partner in the fight against climate change. 

This is an opportunity for the Court to recognise that, in order to guarantee the right to a clean, healthy and sustainable environment, States must protect environmental defenders, as violating their rights also violates the rights they are defending.

The Court is also called to elaborate upon the specific protection needs of Indigenous, women and youth defenders. These groups face particular forms of attacks which must be addressed with cultural and gender perspectives, taking into account not only the particularities of the attacks they suffer, but also of their needs and desires. 

In the case of Indigenous groups, the existing jurisprudence of the Court on recognising collective rights, along with the language used in article 9 of the Escazú Agreement – which establishes that ‘persons, groups and organisations’ can defend human rights – provides an opportunity to firmly establish the existence of a collective right to defend human rights, as well as the State’s obligation to set up and adapt their protection measures and mechanisms to ensure that collective protection is available when needed.

Environmental defenders and ‘access rights’

While the express mention of environmental defenders in the Escazú Agreement is extremely important, it is not its main focus. The treaty contains several obligations for States to guarantee access to information, to decision-making spaces and to justice in environmental matters. 

These ‘access rights’ are applicable to all persons, but the Inter-American Court must reaffirm and elaborate upon its own jurisprudence related to their applicability for environmental defenders, which states that: ‘defenders cannot properly defend environmental rights if they cannot exercise their own rights of access to information, freedom of expression, assembly and peaceful association, guarantees of non-discrimination and participation in decision-making‘.

This is also an opportunity for the Court to clearly assert that private actors are also under the obligation to respect these rights, which includes conducting meaningful consultations and ensuring the free, prior and informed consent of communities affected by their projects.

The extent of the Advisory Opinion

Latin America is the region with the most and the oldest laws and protection mechanisms regarding human rights defenders, so it was only logical that it would be the first region to adopt the first treaty that expressly protects them.

The Inter-American Court has also been a pioneer in this regard. It was the first regional human rights court to deal with human rights defenders’ cases and order structural reforms to better protect them.

These successes must be celebrated, but there is still work to be done. The coming years will see an increase in three areas, all linked with one another: climate crisis, the amount of environmental defenders, and the risks faced by defenders. 

The Court must seize this opportunity and set an example for countries in the region and beyond on how to properly defend the rights of those that defend our rights.

See the intervention here: Amicus 1 IACrtHR AO on CC and EHRDs

https://ishr.ch/latest-updates/environmental-defenders-and-the-inter-american-court-advisory-opinion-on-climate-change

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State repression of environmental defenders ‘a major threat’ to human rights

March 4, 2024

In a landmark paper, the UN Special Rapporteur on Environmental Defenders under the Aarhus Convention warns that the continued State efforts to repress and criminalise environmental protests, including direct action and civil disobedience, are a threat to fundamental freedoms and democracy itself.

The world is currently facing a triple planetary crisis and despite this alarming and unprecedented situation, States are failing to meaningfully address it. In response to this, environmental human right defenders (EHRDs), Indigenous Peoples, peasants movements and civil society from around the world have exercised their right to peacefully protest and participate in demonstrations to pressure their governments into taking concrete actions.

Some of these demonstrations have taken the form of civil disobedience which has been disproportionately repressed by governments and law enforcement officials.

On 28 February 2024 Michel Forst, the UN Special Rapporteur on Environmental Defenders, published a position paper highlighting a trend towards the repression and criminalisation of defenders engaging in environmental protests and civil disobedience in Europe, as well as an alarming toughening of stances against them in political discourse and the law enforcement and judicial practices. [The UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters – known as the Aarhus Convention – was adopted in 1998. It aims to protect every person’s right to live in an environment adequate to his or her health and well-being.] See also: https://humanrightsdefenders.blog/tag/aarhus-convention/]

Forst also points to legislative attempts to ban specific organisations – citing France’s Soulèvements de la Terre, Spain’s Futuro Vegetal, or Letze Generation in Germany and Austria. These moves come alongside new or updated laws – including the UK’s ‘2022 Police, Crime, Sentencing and Courts Act’ and Italy’s 2024 ‘eco vandalism’ law -, which the paper says have virtually prohibited certain kinds of protests. 

The Special Rapporteur flags how politicians demonise environmental movements engaging in civil disobedience, while national or pan-European intelligence services no longer hesitate to label peaceful groups or individuals as potential or genuine terrorist threats.

The paper also recognises that European States have been disproportionately and increasingly used criminal, administrative and civil measures against environmental human rights defenders recurring to civil disobedience. This includes excessive and disproportionate use of force against them and extensive investigation and surveillance measures. 

Other takeaways include the use of social media by State and non-state actors that have contributed to creating negative narratives against EHRDs and the challenges that defenders and activists face to access to justice.

While civil disobedience tactics have been recently used in protests related to climate justice, they have been constantly used to advocate for other legitimate causes including international solidarity, where States have also criminalised such moves.

This paper also comes shortly after the 25th anniversary of the UN Declaration of Human Right Defenders and it is a good reminder that civil disobedience is and should be recognised as a legitimate form of exercising the rights to freedom of expression and peaceful assembly.

States must stop criminalising human right defenders exercising these rights and focus on addressing the root causes of their mobilisation.

https://ishr.ch/latest-updates/state-repression-of-civil-disobedience-on-environment-a-major-threat-to-human-rights

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Some thoughts on the 25th anniversary of the UN Declaration on Human Rights Defenders

December 14, 2023

Since its adoption, the U.N. established in 2000 a Special Rapporteur to report on the situation of HRDs, and more than 60 countries now have laws, policies, or protection mechanisms to protect HRDs.

Some countries, including the United States, sometimes sanction those who target HRDs with financial penalties and visa bans. Mechanisms like these are important, but they can be slow and used selectively, says Michael Breen of Human Rights First in Just Security of 9 December 2023.

Perpetrators often feel so protected from legal accountability that they openly threaten and attack HRDs. In 2022, more than 400 defenders were killed for their human rights work. This year the number killed is likely to be higher…In our work with HRDs, they often recommend public exposure of those who target them as one step that can be taken for their protection.

Breen states that It is on a reputational level that perpetrators can be most vulnerable and provides several examples.

“We are working with HRDs to create a more international approach of social accountability. We will share research on the social circles in which their attackers move, or that they want to join. We will be compiling lists of who has received awards from where, engaging with institutions about publicly rescinding awards, and otherwise publicly causing embarrassment to perpetrators. This is largely new territory for human rights NGOs, and we will work closely with HRDs in assessing any additional risks produced by socially targeting their attackers.“

———–

On 11 December 2023 Global Witness published a blog post: “Land and environmental defenders protect our planet – but they cannot halt climate change without access to justice“

“For more than a decade, we’ve been documenting and celebrating the hard-fought wins of land and environmental defenders worldwide. Together, their efforts not only help to prevent environmental destruction and human rights harms by companies, but also help to protect the environment from the worst effects of climate change.”

“Defenders globally continue to face reprisals after speaking out to protect the environment. At least 1,910 land and environmental defenders around the world have been killed since 2012, with 177 cases in 2022 alone. Of these killings last year, 88% occurred in Latin America – a region consistently found to be the most dangerous place in the world for activists.”

“Impunity is consistently named as a key driver behind attacks on defenders by the UN Special Rapporteur on the situation of human rights defenders, Mary Lawlor, whose office has repeatedly noted how failures to properly prosecute perpetrators have fueled further attacks. This is no coincidence. Every perpetrator who walks free sends a fatal message to defenders and activists worldwide.”

“The future of our planet depends on the continued stewardship of Indigenous people over their ancestral land, with Indigenous practices cited as protecting 80% of the world’s biodiversity. We simply cannot meet the 1.5°C limit and prevent devastating consequences on human life without the efforts of environmental defenders.”

See also: https://ishr.ch/25-years-un-declaration-on-human-rights-defenders/

Social Sanctions Can Protect Human Rights Defenders

https://www.globalwitness.org/en/blog/land-and-environmental-defenders-protect-our-planet-but-they-cannot-halt-climate-change-without-access-to-justice/

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Call for PBI volunteers to help environmental defenders, especially in Latin America

November 23, 2023

On 22 November 2023 ICN published the appeal from Peace Brigades International (PBI) to help local human rights, peace and environmental activists who work in challenging places. [for PBI see also: https://www.trueheroesfilms.org/thedigest/laureates/50FC779B-FD9E-8021-17A5-DB686B529173]

If you speak Spanish, or if you know someone who speaks Spanish and wants to build their CV, getting experience of NGO work, then PBI is offering a unique opportunity. PBI pays the expenses to send volunteers around the world for as long as a year at a time, supporting brave campaigners, making it clear to hostile governments that the eyes of the world are watching them. The presence of a PBI volunteer can ensure that lawyers and activists are not harassed or impeded by the authorities. This is especially valuable in the case of environmental campaigners in Latin America, where PBI has several projects. [see also: https://humanrightsdefenders.blog/2018/04/28/2018-latin-america-still-the-graveyard-for-environmental-human-rights-defenders/ and https://www.amnesty.org/en/latest/news/2023/11/americas-states-climate-justice-actvists/]

To find out more about PBI’s work visit: https://peacebrigades.org.uk/volunteer/#field-volunteer.

On 22 November 7pm (UK time) PBI is hosted on online event about their volunteer opportunities. See: www.eventbrite.co.uk/e/in-the-company-of-hope-online-short-film-premiere-and-discussion-tickets-702342424097?aff=oddtdtcreator

https://www.indcatholicnews.com/news/48542

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Environmental defender Alexander Nikitin awarded compensation by European Court

November 13, 2023

On 10 November 2023 the Caucasian Knot reported that the ECtHR had found a violation of the rights of Krasnodar activist Nikitin. Alexander Konstantinovich Nikitin is a Russian former submarine officer and nuclear safety inspector turned environmentalist. In 1996 he was accused of espionage for revealing the perils of decaying nuclear submarines, and in 2000 he became the first Russian to be completely acquitted of a charge of treason in the Soviet or post-Soviet era. Nikitin is still engaged in environmental and human rights issues in Russia. He is the head of Bellona Foundation’s Saint Petersburg branch, and is engaged in environmental and nuclear safety projects, as well as in human rights cases. He is a widely recognised HRD, see: https://www.trueheroesfilms.org/thedigest/laureates/D519B52C-D0C3-4B3B-B8F6-798A34B1BF04

The European Court of Human Rights (ECtHR) has awarded compensation of EUR 5000 to Alexei Nikitin, a Krasnodar activist. Nikitin was detained at an action against increasing prices for public transport in 2018 and at a rally in support of Alexei Navalny* in 2021.

Navalny’s offices are recognized as extremist organizations and banned in Russia. Alexei Navalny is a founder of the Anti-Corruption Foundation (known as FBK), an NCO that is included by the Russian Ministry of Justice (MoJ) into the register of NCOs performing functions of a foreign agent. The NCO is also recognized by a court as extremist and banned in the territory of Russia.

https://eng.kavkaz-uzel.eu/articles/63451

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HRW submission to Special Rapporteur focuses on child and youth human rights defenders

November 13, 2023

Human Rights Watch’ submission discusses the risks climate activists have faced in Australia, India, and Uganda. It focuses on examples of activists under age 32, as requested by the UN Special Rapporteur on Human Rights Defenders.

Australia

Following increased climate protest activity in New South Wales (NSW), the government in March 2022 established a new police unit known as the Strike Force Guard. The unit is designed to “prevent, investigate and disrupt unauthorized protests across the state.” On April 1, the state parliament introduced new laws and penalties specifically targeting protests that blocked roads and ports. Protesters can now be fined up to AU$22,000 (US$15,250) and be jailed for up to two years for protesting without permission on public roads, rail lines, tunnels, bridges, and industrial estates.

In 2022, Human Rights Watch interviewed three climate protesters who had been arrested and charged under the new laws. These cases indicate that climate protesters are being targeted for disproportionate punishment.

Violet (Deanna) Coco, a 31-year-old activist, took part in a climate protest on April 13, 2022, that stopped traffic in one lane on the Sydney Harbor Bridge. Coco climbed on the roof of a parked truck and stood holding a lit emergency flare. After approximately 25 minutes, NSW police forcibly removed her and the other protesters from the road. Coco was charged with disrupting vehicles, interfering with the safe operation of a bridge, possessing a bright light distress signal in a public place, failing to comply with police direction, and resisting or hindering a police officer. She was also charged under explosives regulations for holding the emergency flare; with an incitement offense for “encouraging the commission of a crime” by livestreaming the protest on Facebook; and for uploading a video of a climate protest she took the previous week, and with disrupting traffic during three previous protests.

Coco pleaded guilty to two charges – blocking traffic and failing to comply with police direction – and not guilty to the other charges. She was released on AU$10,000 (US$6,940) bail, but the magistrate ordered her not to leave her apartment for any purpose except for emergency medical assistance or to attend court. She was also ordered not to associate with any other Fireproof Australia member. Coco spent 21 days under what amounted to house arrest. On May 5, 2022, a magistrate amended her bail and, while she was allowed to leave her property, the authorities imposed a curfew banning her from leaving her address before 10 a.m. and after 3 p.m.

In March 2023, Coco was issued with a 12-month conditional release order after a district court judge heard she had been initially imprisoned on false information provided by the New South Wales police.

In August 2022, the state of Victoria followed New South Wales with harsh new measures targeting environmental protesters at logging sites with up to 12 months in jail or $21,000 in fines. In Tasmania, environmental activists now face fines of $13,000 or two years in prison, while nongovernmental organizations that have been found to “support members of the community to protest” face fines of over $45,000.

On May 18, 2023, the South Australia government introduced harsh new anti-protest measures in the South Australian lower house in the morning and then rushed them through after lunch with bipartisan support after just 20 minutes of debate and no public consultation. The bill would increase the punishment for “public obstruction” 60-fold, from $750 to $50,000 or three months in jail, with activists also potentially facing orders to pay for police and other emergency services responding to a protest or action. On May 30, the laws were passed after a 14-hour debate in the South Australian upper house.

India

In February 2021, Indian authorities arrested Ravi who was sent to police custody for five days. Indian authorities also issued arrest warrants against Nikita Jacob, a lawyer, and Shantanu Muluk, an activist, who were granted pre-arrest bail. The authorities alleged Ravi was the “key conspirator” in editing and sharing an online toolkit shared by the Swedish Fridays for Future founder Greta Thunberg on social media, including Twitter, aimed at providing information to those seeking to peacefully support ongoing farmers protests. In granting bail to Ravi, the Delhi court said the evidence on record was “scanty and sketchy,” and that citizens cannot be jailed simply because they disagreed with government policies. It added: “The offense of sedition cannot be invoked to minister to the wounded vanity of governments.”

The Indian government has enforced Information Technology Rules that allow for greater governmental control over online content, threaten to weaken encryption, and seriously undermine media freedoms, rights to privacy, and freedom of expression online. These rules put youth and other human rights defenders and journalists at further risk of being targeted by the authorities for their online content.

Uganda

Young people from across Uganda have faced reprisals for fighting for climate justice. On September 25, 2020, Ugandan police arrested and detained for eight hours eight youth climate activists while participating in the global climate strike in Kampala. The police told them election campaigns were not allowed, although the activists repeatedly explained that they were an environmental—not a political—movement. The activists, only two of whom were above the age of 18, were detained in a room for eight hours, questioned, and then allowed to leave.

Human Rights Watch published a report that documented a range of restrictions on freedom of expression, association, and assembly related to oil development, including the planned East African Crude Oil Pipeline (EACOP) by the government. Civil society organizations and environmental defenders regularly report being harassed and intimidated, unlawfully detained, or arbitrarily arrested. Human Rights Watch interviewed 31 people in Uganda between March and October 2023, including 21 environmental defenders, and several of whom were under 32 years old.

Many student climate activists protesting EACOP have been arrested and charged with various offences in Kampala since 2021. These protests have been largely peaceful and usually small in scale. Since 2021, there have been at least 22 arrests, largely of students, at anti-EACOP protests in Kampala. Nine students were arrested in October 2022 after demonstrating support for the European Parliament resolution on EACOP and charged with “common nuisance.” Their case was finally dismissed on November 6, 2023, after more than 15 court appearances. Another four protesters were arrested on December 9, 2022, as they marched to the National Environmental Management Authority (NEMA) to demand a re-evaluation of the environmental damage caused by EACOP. One of the detainees was kept at an unknown location until the morning of December 12 when all four were released.

Another protesting student was arrested in Kampala on June 27, 2023, after trying to deliver a petition to the Speaker of the House of Uganda’s parliament. He told Human Rights Watch he was taken to an unlawful place of detention known as a “safe house” with his hands tied behind his back, questioned by plain-clothed security officials about who was providing the funding for the protests, before he was knocked to the floor. He said he awoke two days later in the hospital with serious injuries. On July 11, 2023, five individuals were arrested after protesting EACOP in downtown Kampala.

On September 15, 2023, four student protesters were arrested after a “Fridays for Future” and “StopEACOP” joint protest at the Ugandan parliament as part of the “Global Fight to End Fossil Fuels,” a global mobilization and day of action. They were released on bond five days later and have been charged with “common nuisance.” Their next hearing is scheduled for November 27, 2023. One of the students described to Human Rights Watch being held in a room inside parliament and beaten by uniformed parliamentary security officials and others in civilian clothes with “batons, gun butts, and using their boots to step on our heads” before being taken to Kampala’s Central Police Station (CPS). At the CPS he described plainclothes intelligence officers asking: “Who are your leaders? Among us, who is your leader? How many are you? Who are your leaders in different universities? Who is managing your social media accounts?” They then described being beaten further in CPS cells by other prisoners, one of whom said, “We have order from above to discipline you. You need to stop working on EACOP.”

See also: https://globalpressjournal.com/africa/uganda/ugandan-pipeline-project-begins-landowners-navigate-crooked-road-compensation/

Human Rights Watch encourages the Special Rapporteur to call on governments to:

  • Promote and protect universally recognized human rights and fundamental freedoms, respect, and protect the work of climate activists, in line with their human rights obligations.
  • Publicly condemn assault, threats, harassment, intimidation, and arbitrary arrests of activists, and direct security and other government officials to stop arresting, harassing, or threatening activists for protesting or on false accusations.
  • End arbitrary arrests and prosecutions of human rights defenders, anti-EACOP activists, and peaceful protesters.
  • Respect and protect the rights of all human rights defenders and civil society organizations to exercise freedoms of association, assembly, and expression, in accordance with international human rights norms.
  • Where applicable, ratify and implement regional human rights agreements to ensure public participation in environmental decision-making and to protect environmental defenders.

Submission to the Special Rapporteur on the situation of human rights defenders

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Environmental defenders call for better protection by the African Commission

November 11, 2023

The Environmental Rights Agreement Coalition called on the African Commission on Human and Peoples’ Rights to develop an environmental rights agreement to increase public participation and protect environmental rights defenders. The Environmental Rights Agreement (ERA) Coalition organised, on 21 October 2023, a side event on the margins of the 77th Ordinary Session of the African Commission on Human and Peoples’ Rights (African Commission).

Participants shared information on the movement for an environmental rights legal framework for Africa, lessons learned and generated wider support for the ERA movement. Joseph Burke, Head of Universal Rights Group Africa noted some progress in the protection of the environment globally such as the African Leaders Nairobi Declaration on Climate Change and Call to Action, Paris Agreement and the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean (ESCAZU Agreement). However, environmental rights defenders continue to face significant barriers to the conduct of their activities. According to Global Witness, one environmental defender was killed every two days in 2022 while the rest were subjected to violence, harassment and criminalisation. In its statement before the African Commission, ISHR reiterated this worrisome trend on the African continent.

Rights of Indigenous communities not recognised

Two panellists reviewed national trends in Kenya and Tanzania on the protection of environmental rights and public participation. In Kenya, Emily Kinama, Research and Litigation Associate at Katiba Institute stated that there do not exist laws which cater for environmental rights in Kenya. Civil society organisations have used public interest litigation to challenge laws that criminalise environmental and land rights defenders but the impact of these actions has, at times, been marginal because of strategic lawsuits against public participation. ‘Indigenous peoples’ rights are not recognised despite the African Court on Human and Peoples’ Rights’ judgment in the Ogiek case reiterating the obligations of Kenya to promote and protect their rights. This judgement has not been implemented by Kenya, six years after it was handed down’, said Kinama. She concluded by stating that ‘Kenya should continue to recognise their rights and pass laws and processes following the historical injustice stage and ensure the participation of Indigenous population in the protection of the environment given that Indigenous peoples have been protecting it since time immemorial’. 

The relevance of inclusive participation

In her presentation, Miriam Tikoine, from the Maasai Women Development Organization, highlighted the necessity to involve the Maasai, and other pastoral communities in environmental and climate change debates, and to raise their awareness on environmental matters for them to understand the importance of protecting the environment.

Farmers should be trained on how to face climate change issues and adapt their farming practices; youth, traditional leaders and women should understand carbon credit-related concerns so that they can take action. If everyone is not involved, climate change and environmental concerns will remain a matter of just a few.

Litigating environmental rights

The African Commision’s Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals, Commissioner Remy Lumbu, called on States to strengthen human and environmental rights education, transparency and accountability in extractive industries to prevent leonine contracts which only benefit powerful businesses and sacrifice the interests and rights of present and future generations. Environmental rights defenders raise their voices against such contracts and stand against State and business’ practices which endanger the planet. Commissioner Lumbu said that this role played by environmental defenders has been recognised by the African Commission which has established this mechanism to remind States of their obligations, send urgent appeal letters or publish press releases when environmental defenders are in danger. These efforts must be honed by increased litigation activism, before national and African human rights bodies, on the part of NGOs. 

We have not had enough communications on environmental rights concerns. NGOs must start challenging behaviours of States before the African Commission or the Court. If 40 NGOs decide to work on one case each, we will have 40 environmental rights-related cases before the African Commission in one year.

The need for an environmental rights instrument

The Coalition called the Special Rapporteur, and the African Commission as a whole, to champion a process geared towards the development and the adoption of an environmental rights instrument.

The impact of businesses has crossed on people leading them into poverty. As civil society organisations, we have realised we need to protect our resources and planet and those who put their lives at risk. Environmental rights defenders are at the forefront but have been victims of several human rights violations including arbitrary killings. With the massive onslaught of business in Africa, our resources and individuals protecting them must be protected by a tailor-made legal instrument as other regions have done.

https://ishr.ch/latest-updates/achpr77-environmental-defenders-call-for-better-protection-by-the-african-commission/

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