[email protected], www.fassberg.com/pygmy) [email protected], ( © jean-pierre hallet. exclusive rights: susan fassberg rights: hallet.© jean-pierre exclusive rights s. ng objectsthe "Osani" game, in which each child names circular and concept e pygmy children in the Ituri foreste pygmy playi in Congo Ef issue 106 our environment, our rights standing up for people and the planet
International water august 2004 | issue 106
friends of the earth Friends of the Earth International is the world’s largest106 grassroots environmental network, uniting 68 diverse national member groups and some 5,000 local activist groups on every continent. With approximately one million members and supporters around the world, we campaign International on today’s most urgent environmental and social issues. We challenge the current model of economic and corporate globalization, and promote solutions that will help to create environmentally © jean-pierre hallet. exclusive rights: susan fassberg sustainable and socially just societies. ([email protected], www.fassberg.com/pygmy) friends of the earth has groups in: Argentina, Australia, Austria, Belgium, Benin, Bolivia, Brazil, Bulgaria, Cameroon, Canada, Chile, Colombia, Costa Rica, Croatia, Curaçao (Antilles), Cyprus, Czech Republic, Denmark, El Salvador, England/Wales/Northern Ireland, Estonia, Finland, France, Georgia, Germany, Ghana, Greece, Grenada (West Indies), Haiti, Honduras, Hungary, Indonesia, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Macedonia (former Yugoslav Republic of), Malaysia, Mali, Malta, Mauritius, Nepal, Netherlands, New Zealand, Nicaragua, Nigeria, Norway, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Scotland, Sierra Leone, Slovakia, South Africa, South Korea, Spain, Sri Lanka, Sweden, Switzerland, Togo, Tunisia, Ukraine, United States, and Uruguay. (Please contact the FoEI Secretariat or check our website for FoE groups’ contact info)
Published August, 2004 in Amsterdam, The Netherlands. ISBN: 90-0914913-9.
friends of the earth international secretariat
P.O. Box 19199 1000 GD Amsterdam link The Netherlands me up! Tel: 31 20 622 1369 Fax: 31 20 639 2181 E-mail: [email protected]
us$30 us$15 us$90 Website: www.foei.org series of publications!
link editorial team Ann Doherty (Friends of the Earth International), orporate rate orporate c Tatiana Roa (Friends of the Earth Colombia), Marijke Torfs (Friends of the Earth International) individuals & ngos
per year including postage] per year design Tania Dunster, KÏ Design, [email protected] [an average of 4 publications of 4 publications [an average International’s International’s printing PrimaveraQuint, www.primaveraquint.nl third world / local group rate / local group world third r payment please contact details, Secretariat the FoEI Fo subscription rates campaigns around the world by subscribing to Friends of the Earth the world by subscribing to Friends campaigns around ead about and get in the most involved urgent and social environmental R preface why we campaign for rights 4 introduction environmental rights are human rights 5
one sustainable societies 7
1. the right to a sustainable livelihood 8 sugar poisoning for ava guarani indigenous livelihoods disrupted by sugar corporation in argentina 8 logging over livelihoods cameroonian villagers sue french forest company 10
2. the right to a clean and healthy environment 12 island sickened by shell’s toxic legacy 12 right to health versus right to profit ukrainian people triumph over polluting factory 14 airplanes prevail over sleeper’s rights 15 the right to remain a wetland saemangeum campaign in south korea nears victory 16 fumigating colombia an attack on human and environmental rights 18
3. the right to water 20 water for the people privatization gone bad in cochabamba 20 thirsty for information in slovakia public shut out of water privatization plans 22 water as a constitutional right in uruguay? 23
4. the right to food safety and security 24 costa rican farmers bamboozled by banana company 24 mexican farmers threatened by gmo contamination 25 bite back! thousands call for food safety 26
two information, participation and security 27
1. collective rights 28 indonesia’s dayak pitap want to be left alone 28 the poison, leave it aboriginal women win battle against australian government 30
2. the right to know 32 the right to know who wrecks the climate german government sued for non-transparency 32 the right to know, at home and abroad 34 ifis shirk responsibility for human rights violations 35 something smells around here european investment bank ignores right to know 35
3. the right to decide 36 west african pipeline dragged before nigerian court 36 bulldozing rights road to nowhere in papua new guinea 38
4. the right to resist 40 poverty, violence and environmental justice a testimony by juan almendares, friends of the earth honduras 40
standing up for people and the planet standing up for blood and oil in the ecuadorian amazon quichua rights upheld by inter-american court 42 un human rights norms under attack by business 42
three redress 43
1. rights for environmental refugees 44
our environment, our rights our environment, damning human rights at china’s three gorges 44 global warming and climate refugees in the pacific nations 46
2. right to claim ecological debt 48 scots address ecological debt 48 reclaiming submerged rights communities seek compensation for impacts of yacyretá mega-dam 49 3. right to environmental justice 50 environmental justice movement west dallas, united states and now the world 50 friends of the earth seeks climate justice 52 agents for environmental justice 52 us climate victims file suit 53 climate change and environmental racism in the niger delta 54 himalayan communities threatened by melting glacial lakes 56
appendices 57 © frédéric castell, foe france castell, foe © frédéric
1. landmark environmental rights cases 58 2. legal tools addressing human and environmental rights 59 3. human and environmental rights contacts 59
foei | 3 meeting on Human and Environmental Rights in Cartagena, Colombia. Rights meeting on Human and Environmental Indigenous Embera children demonstrate during the Friends of during the Earth International the Friends demonstrate children Indigenous Embera © magda stoczkiewicz, foei © magda stoczkiewicz, foei
preface: why we campaign for rights tatiana roa, friends of the earth colombia, coordinator of friends of the earth international’s work on environmental and human rights. © frédéric castell, foe france castell, foe © frédéric
What does the environment have to do with what can we do? human rights? Why is an environmental group Friends of the Earth International values the recent advances in the like Friends of the Earth International protecting international recognition of individual and collective human rights. and demanding human rights? What do However, despite progress in creating legal frameworks to address concepts like environmental rights and rights, violations continue and are even increasing due to the current environmental justice mean? global model of production and consumption that is imposed by These were some of the questions that neoliberal economic globalization. Many states ignore or are unaware of Friends of the Earth activists grappled with at international and regional conventions and regional agreements, giving the October 2003 conference on free reign to transnational corporations to advance destructively and Environmental and Human Rights in with impunity. Cartagena, Colombia. Representatives of our Friends of the Earth International will promote the concepts of 68 member groups gathered with other environmental rights and environmental justice and work for the environmentalists, social movements and recognition of new rights. Beyond that, and together with other human rights defenders to listen to stories of environmentalists, we will create an ethic that recognizes the value and human rights abuses and discuss strategies diversity of life in all forms and the interdependence between human for fighting environmental rights violations. beings and nature. Our concept of environmental justice will The conference provided a basis for acknowledge the dignity of nature, the web of life, and the independent developing a philosophical framework to rhythms of biological and ecological processes. In short, we will work to guide our thinking and campaign strategies. protect environments and people alike against the aggressions of This publication brings together some of the neoliberal economic globalization. human and environmental rights abuses We must recognize that existing enshrined rights are the fruit of the experienced by many of our groups, and their efforts of communities that have historically resisted violations and actions to protect these fundamental rights. demanded their rights, and that we can only move further if we join the Not only do we want to share these stories resistance of those whose rights are being violated today. For this and our vision about environmental rights reason, our alliances with social movements, both on the ethical and more widely, but we also want to state our political levels, must form a basis for our campaigns. We plan to debate, commitment as a network to fight for the define and promote national and international legal instruments in protection of the human and environmental order to support the enforcement and protection of our rights, and we rights of the people and communities we will strive for environmental justice in all that we do. work with around the world.
4 | foei nieospolsadohrcletvte,tergttoinformation and indigenous peoplesandothercollectivities, theright vision, environmental rights include politicalrights like rights for InFriendsindividual toenjoyanunspoiledlandscape. oftheEarth’s for an for beetletosurvive ortheright acertain including theright f enablesurvival, includingland,shelter, unspoiled natural resources that people’s environmental rights. Environmental rights meanaccesstothe they are basedon alloftheseclaimshave incommon isthat What goeson. modified organisms. Andthelist food free ofgenetically toeat Europeans are demandingtheright the UnitedStates isamajorcontributor. Tens ofthousands their livelihoods are threatened bytheglobalclimate changetowhich in theUnitedStates have suedtheBushadministration, claimingthat make accesstowater Maplesugartappers afundamental humanright. could Uruguay andothershave organized anational referendum that logs.Friends oftheEarth their plantations inthemadrushtoexport f to aglobalcorporation for sugarproduction. Cameroonian cocoa return the5,000hectares oftheirancestral territorygiven government the Guarani peopleofArgentina marched 1,774milestodemandthat P introduction: environmental rights are human rights reshv ae rnhfrs opn ocutfor destroying company tocourt armers have taken aFrench forest ood, water andair. They alsoincludemore purely ecological rights, eople allover theworldare claimingtheirrights. Inearly2004,theAva © frédéric castell, foe france re of years ofcampaigningbyFriends andothersfor oftheEarth the toclaimecological debt,have emerged astheresult others, like theright accompanying environmental andsocialdisruption.Still destruction y rights, includingrights for climate refugees, have arisenover recent c legallyrecognized, totheongoingstrugglesof yet are not others that ofsometheserights, aswelltheacceptanceof the establishment and enshrinedinvarious conventions andagreements. We cancredit Many oftheserights, thepoliticalones, particularly are well-established toenvironmental justice. to claimecological debt,andtheright r toclaimreparations for violated rights, includingrights for climate right unwanted developments. We alsobelieve inthe toresist and theright freedom ofopinionandexpression, indecision-making, participation governmental adherence. decades, andtoday enjoy afairly highlevel of publicacceptance,ifnot to theneedsofindividualswhose rights were violated over theprevious andsecond generations ofhumanrights were framed in response first toprovideaction like goodsandservices housingandschools.Boththe Rights, ontheotherhand,are often ‘positive’, requiring governmental ofEconomic, SocialandCultural free speech. The ‘second generation’ to refrain theircitizens ordenying from such astorturing them actions they requirerights, states andare sometimestermed‘negative rights’as of generation’ Civil andpoliticalrights are often considered the‘first and theotherEconomic, SocialandCultural Rights. auspices oftheUnitedNations, onecovering CivilandPolitical Rights additional International Covenants entered into force underthe ofhisorhercountry. In1976,two inthe government participate andsecurity,liberty tofreedom ofopinionandexpression, andto rights ofallhumanbeingstolife, to toanadequate standard ofliving, the which obligesmembersoftheinternational community torespect known oftheseisthe1948Universal Declaration ofHumanRights, bodyofinternational andregional agreements. The best in avast decades, humanrights have beenidentified andcodified Over thepast humanrights of the development environmental movement. growing potential for rights-based campaigningwithinthe the from around theworldtoprovide information andinspiration about others seekingsimilarrights. This publication draws oncasestudies applying publicandmediapressure; andbybuildingcoalitions with or corporation; through international, regional andnational by courts; directly totheviolating government, international financial institution inavarietyRights canbeasserted ofways: for example, byappealing information, securityandredress. participation, aswelltherecognition oftheirrights to surrounding environment ve human rights, aspeople’s livelihoods, theirhealth,andsometimes andtheyimportant, are allinterdependent. Environmental rights are insoutherncountries.destruction Alloftheserights are equally efugees andothersdisplacedbyenvironmental theright destruction, ommunities andindigenouspeoplesaround theworld.Other‘new’ ears duetotheacceleration ofeconomic globalization andthe c ry existence dependuponthequalityofandtheiraccessto ognition of the impacts of northern resource ofnorthern ognition oftheimpacts depletionandnatural f oei | 5 ulcto hw h otegregious environmental rights violations tendto publication show, themost ofpollution.Asmany ofthe casestudiesinthis injustice bybearing thebrunt impoverished peopleinindustrialized countries, suffer from environmental Marginalized peoplearound theworld,includingwomen,peopleofcolor and Environmental rights gohand-in-handwithcivilandpolitical rights. decision-makingprocesses. people are often excluded from therelevant ornonexistent, andaffected projects andplansisoften insufficient development people todecideupontheirownfutures. Information about designedtoallow people andtheirhabitats around theworldare alsonot are threatening economic globalization policiesthat The samecurrent and economic interests. of intimidationvictims andhumanrights violations byvested political affected communities andenvironmental campaigners, are alsooften todefend theenvironment, including peoplefrom Those whoattempt andnourishtheirfamilies. these violations asthey struggletoprotect of violence, intimidation andworse. Women very often bearthe brunt ofnaturaldestruction resources, policepresence, militarization, rights violations suchastheconfiscation ofland,evictions, pollution, fo transnational corporations are steadilyseizingcontrol ofland,water, and‘free trade’, governments and In thenameof‘development’ trample people’s rights tolive insustainable societies. financial institutions, trade bodiesandtransnational corporations often urgently needed, astheprojects andpoliciespromoted byinternational and sustainablelivelihoods invarious oftheworld. parts They are apply tocommunities orgroups ofpeopleattempting toachieve healthy world, anothercategory ofrights hasarisen. These newrights often around the economic globalization onpeopleandtheenvironment years, catalyzed bythenegative ofwidespread impacts In recent the emergence ofenvironmental rights 6 r | foei ests andminerals. Allofthisleadstoenvironmental andhuman Environmental Rights Colombia. inCartagena, F Indigenous Embera danceanddemonstratethe during © magda stoczkiewicz, foei Internationalthe Earth riends of meetingonHumanand Fu there islittlebindinglegislation referring toenvironmental humanrights. shapedandendorsedthisgeneral further statement. To date, however, decisionsandinternational bodieshave resolutions,series ofUN court rights violations inturndamagetheenvironment. Inthemeantime, a human ofaserieshumanrights, andthat ontheenjoyment affect environmental damagehasanadverse environment, concluding that detailed analysisoftherelationship betweenhumanrights andthe Discrimination andProtection ofMinorities released agroundbreaking, for theSub-Commission onthePrevention of Environment onHumanRights In1994,theSpecialRapporteur andthe Action. intheRioDeclaration andintheAgenda 21Planof out principles set normative framework for environmental andhumanrights bothinthe inRiodeJaneiro helpedtocreate a Environment. Summit The 1992Earth w On theofficial level, thelinkbetweenhumanandenvironmental rights environmental rights legislation agreements suchastheKyoto Climate Protocol. r they are beingasked torestructure economies and governments inthat challengeto ofglobalclimatevictims changeposesaparticular international financialinstitutions. The emerging needfor rights for r theenvironment, whichoften entails economic measures like protect they require governments to Environmental rights are complex inthat interdependence ofhumansandtheirenvironments. r r onpeopleswhosecivil,political,socialandeconomicbe inflicted rights are not a make use ofthesenational andinternational legalsystemstobring other international rights laws. Affected communities are learningto enforce theseand governments through that therulingsofcourts publicpressure canbeexerted on healthy environment. Significant P ofEuropean RightsCharter andthenewAfrican ofHuman and Charter the Inter-American Convention onHumanRights, theEuropean Union’s regional andnational legislative initiatives exist, including Important remote corners oftheearth. to violations happeninginthemost moral weight, andcanbeusedtobringglobalattention carry significant Nonetheless, theexisting humanrights declarations andcovenants do r always take uptheir those whohave beenviolated, governments do not between. Andthen,even whenthelawcomes downonthesideof through theinternational are legalsystem,victories stillfew andfar been exhausted. Even whenacasedoesmanagetowork itsway up c international Accesstointernational courts. enjoy accesstotherelevant r totherelevant party allstates are not has limitedenforceability. Not law, environmental andinparticular rights law, iscomplicated, slowand always have accesstolegalchannels.International humanrights not qie,oeta strives for environmental justiceandrecognizes the equired, onethat anewethicis Friendsespected. International oftheEarth believes that lnus oeegt ytkn atininternational environmental elinquish sovereignty bytakingpart egulating corporate activities, international trade, orinvestments by esponsibilities to rectify thesituation.esponsibilities torectify egional orinternational conventions, andtheircitizens thusdonot ourts cangenerallyourts onlybeobtainedwhennational remedies have ols ihs l fwihseiial cnweg h ih toa Rights, allofwhichspecificallyacknowledgetheright eoples’ ttention totheirplights and strengthen theircampaignsfor justice. sfrtmd n17 ttheStockholmConference ontheHuman madein1972at as first r thermore, thosesuffering from environmental rights violations do
© frédéric castell, foe france 1. the right to a sustainable livelihood 2. the right to a clean and healthy environment 3. the right to water 4. the right to food safety and security
part one | sustainable societies © frédéric castell, foe france castell, foe © frédéric
Pygmy mother and child, Cameroon.
foei | 7 the right to a 1 sustainable livelihood Sustainable livelihoods are dependent upon companies, illustrate how the current global the fulfillment of various other rights; and trade system destroys thriving and they are threatened when these rights are sustainable local economies. In both cases, Friends of the Earth International believes violated. The rights to water, food and a clean affected people are making use of various that sustainable livelihoods are enabled when and healthy environment are essential, as are pressure tactics and legal tools to reclaim economic activities meet people’s real needs, rights for women, indigenous peoples and their rights to sustainable livelihoods. and resources are used sustainably. People other collectivities, and for farmers. must enjoy equal access to resources, and the more information: Procedural rights, including access to benefits from the use of those resources Friends of the Earth International’s Trade, information, security and the right to redress should be equitably distributed. The Environment and Sustainability programme: must also be secured. indiscriminate pursuit of growth by www.foei.org/trade corporations, supported by international The cases of the Ava Guarani of Argentina, Towards Sustainable Economies: Challenging financial institutions and trade bodies, often whose croplands have been given to a sugar Neoliberal Economic Globalization, Friends of the makes sustainable livelihoods impossible. corporation, and small communities in Earth International: Cameroon whose fruit trees have been www.foei.org/publications/pdfs/sustain-e.pdf destroyed by multinational logging
one sustainable societies
the right to a 1 sustainable livelihood Argentina’s Salta province is the homeland of hectares of flood-prone lands, while the the indigenous Ava Guarani people. Today, the Tabacal mill uses one million hectares to corn, manioc, and vegetables once grown by produce sugar on indigenous territories. these people in the midst of fertile forests sugar poisoning for In September 2003, a group of 70 Ava Guarani have been replaced by monoculture sugar families decided to return to their ancestral cane and genetically modified soy cash crops. ava guarani territory, known as ‘La Loma’ (The Hill) in Salta This environmental destruction has been province. Just days later, they were brutally indigenous livelihoods disrupted by accompanied by the displacement and evicted from their re-occupied land by a group sugar corporation in argentina repression of the Ava Guarani themselves. friends of the earth argentina of armed police, who aimed firearms at their The Ava Guarani lived on their ancestral lands heads then shot into the air. All of the Ava until the 1970s, when violent evictions forced Guarani were then detained, including them from their homes and farms in order to children and pregnant women. The make way for the San Martin del Tabacal displacement was reportedly ordered by the company’s sugar plantations and refineries. Tabacal company. Many had no choice but to work in Tabacal’s factories, ‘paid’ with vouchers valid only at the company’s own shop. In 1996, the US-based Seaboard Corporation bought Tabacal and fired 6,000 employees, forcing many of the Ava Guarani to seek work in the city. Some 150
the return of their ancestral lands. of the return their ancestral Ava Guarani families now live on just two .argentinaphoto.linefeed.org a Guarani demonstrate in Argentina for in Argentina demonstrate a Guarani Av © nicolas pousthomis, © nicolas www
8 | foei Ava Guarani demonstrate in Argentina for the return of their ancestral lands.
“Red is the color of our people’s blood; brown is our ancestral territory, our land and what we are fighting for; green is the color of nature, our crops, the forest, our woods.”
Ramon Tamani, Ava Guarani, Salta. © nicolas pousthomis, www.argentinaphoto.linefeed.org pousthomis, © nicolas
marching for justice As the doors of governments and public more information: offices closed behind them, the Ava Guarani Comunidad Guarani El Tabacal: In November, members of the community received support from unemployed workers, [email protected] marched nearly 300 kilometers to Salta City to peasant farmers’ movements, environmental Friends of the Earth Argentina: [email protected] claim their land rights and ask for justice. When groups and the media in order to organize Friends of the Earth International their requests to meet with the governor were actions at Tabacal’s main office in Buenos www.foei.org/cyberaction/ava.html not granted, they decided to travel a further Aires. The Ava Guarani case has also attracted Alerta Salta (in Spanish): www.alerta-salta.org.ar 1,500 kilometers to Buenos Aires to meet with global attention. In April 2004, activists Indymedia Argentina: the president of Argentina. Although the successfully penetrated Seaboard’s annual www.argentina.indymedia.org/features/pueblos Minister of Social Development pledged to shareholder’s meeting outside of Boston, Worcester Global Action Network: investigate the eviction and the land conflict posing questions about indigenous land www.wogan.org/seaboard with Tabacal, the eventual promised visit was rights in Salta before themselves being Argentina Autonomista Project: short and unsatisfactory, and officials did not forcibly evicted from the meeting. www.autonomista.org/tabacal.htm even manage to visit La Loma. Seaboard information: Despite continued threats from the company www.factoryfarming.org/empirepigs.htm and police, the Ava Guarani are holding out on their demand for five thousand hectares of land, enough to sustain 150 families. For them, the return of this small parcel of land to cultivate would be sweeter than sugar.
foei | 9 Pygmy children in Cameroon.
“We need money to clear the plantation again, and then we need to wait four years until the cocoa starts to produce again. I have four children, and am also responsible for the seven children of my unmarried sisters.”
Jean-Jacques Ngbwa Abondo, a Cameroonian plaintiff in the lawsuit against French multinational Rougier, in a 27 March 2002 article in Le Monde. © frédéric castell, foe france castell, foe © frédéric
one sustainable societies
the right to a 1 sustainable livelihood In the Miatta region of Cameroon, 300 kilometers from the capital city of Yaoundé, once lush village plantations of cocoa, logging over mandarin and other fruit trees have been crushed under the wheels of heavy machinery. livelihoods Gutted red dirt roads lead deeper into the forest, but there are only gashes where the cameroonian villagers sue french most beautiful and valuable tree species – forest company sipo, iroko, mahogany, sapelli – stood before friends of the earth france being illegally chopped down and dragged off for export. This means that villagers are not only deprived of income from their plantations, but they are also left with damaged biodiversity in the surrounding area.
According to local planters, the destruction is the work of the Cameroonian Forest Corporation (SFID), which has been illegally exploiting timber in the forests surrounding the village since the late 1990s. In 2002, Friends of the Earth France and seven Cameroonian villagers launched a civil action © frédéric castell, foe france castell, foe © frédéric
10 | foei © frédéric castell, foe france castell, foe © frédéric france castell, foe © frédéric
lawsuit against SFID and its parent firm in not sufficiently serious to justify the more information: France, SA Rougier, claiming that the French beginning of legal proceedings. These points Friends of the Earth Cameroon: company was largely responsible for the led to the case being thrown out of French www.africa-environment.org/ced unlawful activities of its Cameroonian courts at the end of 2002, and then again in Friends of the Earth France: subsidiary, including property destruction, early 2004 following an appeal. www.amisdelaterre.org forgery, stolen goods and corruption. According to Friends of the Earth France, the The complaint was a precedent in French decision highlights how flagrantly ill-suited courts in the fight against overseas corporate French law is to the challenges and realities of impunity. Although criminal law is applicable economic globalization, and adds urgency to to any crime committed by a French citizen their call for a legally-binding convention for outside French territory, the condition of transnational corporations. In the meantime, double incrimination means that the offence they and the Cameroonian villagers are must also be punished in the country where it planning another appeal, this time to the was made. Although the plaintiffs produced French Supreme Court, in the hopes of evidence that a local sentence was not overturning the decision. feasible due to the general climate of corruption in Cameroon, the court deemed this unacceptable. Moreover, French law stipulates that offences committed abroad are under the jurisdiction of the public prosecutor, who can consider that an act is
foei | 11 the right to a clean 2 and healthy environment An unhealthy environment inevitably impacts In South Korea, activists have waged a long the health of the people living within it. In battle to preserve the Saemangeum wetlands, Curaçao, decades of pollution from the an important feeding stop for migrating birds Whether in cities, forests, farmlands or operations of the Shell corporation have that the government hopes to reclaim for villages, people’s environments may be fouled the air and burdened people with a industrial and agricultural purposes. In degraded through air and water pollution, host of health problems. In the Ukraine, local Colombia, the ongoing aerial fumigation of noise, ecosystem deterioration and reduced people have battled a car battery factory that coca and other crops has devastated the biological diversity. A emerging category of has caused high levels of pollution and health of the ecosystems and people living ‘environmental rights’ requires governments illnesses. In the United Kingdom, people are beneath this toxic spray. These campaigns to to set environmental standards in order to suffering from health problems related to protect the health of people and the protect people’s surroundings. In 1972, the night flights in and out of Heathrow airport. environment are all important contributions Stockholm Declaration set out the right to life to the struggle to have environmental rights “in an environment of a quality that permits a recognized and enforced. life of dignity and well-being,” and this right has since been enshrined in a number of other legal conventions.
one sustainable societies
the right to a clean and healthy 2 environment Curaçao is a small island in the Caribbean, In 1953, a year before Curaçao acquired with kilometers of coral reefs, sandy beaches, autonomous status within the Dutch Kingdom, and semi-arid landscapes in the interior. the colonial government exempted Shell from all island sickened by Thanks to Royal Dutch Shell, Curaçao also has environmental obligations. The newly acquired a toxic legacy that has plagued the island’s autonomy was thus largely powerless against shell’s toxic legacy people and environment for close to a century. the biggest employer and polluter on the island. In 1918, Shell began construction of an oil In 1985, Shell abandoned the refinery. Before Friends of the Earth Curaçao refinery on Curaçao, which lies just 90 leaving, and following consultation with the kilometers off the coast of Venezuela. As Dutch government, the company secured a Curaçao was a Dutch colony, this was a declaration of immunity from the government profitable arrangement for both the oil giant of Curaçao. The declaration stated that Shell and the Dutch government. Venezuelan oil would not be held liable for any environmental could be refined close to Venezuela but on damage that its activities had inflicted on the Dutch territory, which was good for Shell’s island over the 70-year period of its operations. profits and did not risk giving the Venezuelans In return for this immunity, Shell sold the the means of refining their own oil. refinery to a government agency for less then US$1, a deal that both parties portrayed to the public as a win-win situation that would boost local employment. The government then leased the refinery to the Venezuelan state oil company, PdVSA, for a modest fee. © foe curaçao © foe
12 | foei © foe curaçao © foe curaçao
locals cheated out of their health since autonomy, but the law is weak. immediately and drastically reduce the Although the refinery was required to obtain pollution that it generates and provide The operations of the oil refinery have caused an environmental permit for the first time in compensation for its part of the serious health and environmental problems, history, the permit is lax and open-ended. The environmental damage. including premature deaths, cancers, birth refinery is not required to make defects, asthma, respiratory disorders, skin more information: environmental improvements, and the law diseases and childhood illnesses. In 1983, a Behind the Shine: The Other Shell Report 2003, stipulates that the government must pay half visiting Dutch agency concluded that: www.foei.org/publications/corporates/ of the costs of future environmental “Concentrations of pollutants on Curaçao are shellshine.html measures. As the government is broke, this approximately four times higher than means more health victims and more maximum concentrations accepted anywhere environmental degradation every day. else in the world. This implies that irreparable damage is being inflicted to the health of Shell gave a very bad deal to the 150,000 human beings that inhale the chemical, inhabitants of Curaçao, and Friends of the organic and toxic pollutants emitted by Shell.” Earth, NGOs including the Humane Care (DCMR, 1983). Foundation, and local communities plan to hold the company liable. They are calling upon Amigu di Tera/Friends of the Earth Curaçao Shell to clean up the areas affected by its and the affected communities organized huge activities, to compensate the oil workers and protest demonstrations on World communities whose health has suffered, and Environment Day in 1988, 1989 and 1990. This to compensate for property damage. In the resulted in a new environmental law, the first meantime, they want the new operator to
foei | 13 Between 1995 and 2000, local people living near the plant began to suffer from health problems. These were confirmed by medical practitioners: a local dentist, for example, found lead in the teeth of his child patients. In addition, former plant workers began to disclose details of bad practice. Concerned individuals tried to get the authorities and the plant management to deal with these concerns to no avail.
breaking bread together
At this point, Friends of the Earth Ukraine was called in for support. They helped to organize a local action group, and called a meeting in April 2000 to protest against ISTA’s infringement of environmental and human rights. Over 1,000 people turned up, including plant management, who angered the crowd Involving the media in the campaign to stop expansion of polluting battery plant in the Ukraine. by asserting that the plant was no more dangerous than a “bread shop”.
After the meeting, ISTA started legal proceedings against the action group, the local Friends of the Earth branch and the local dentist, alleging that the plant was environmentally benign and that their image was being damaged. They attempted to intimidate the activists and their supporters into submission. In response, Friends of the Earth hired experts to collect information about the factory. They found that the plant did not have the necessary environmental © foe ukraine © foe
one sustainable societies
the right to a clean and healthy 2 environment A legacy of the Soviet regime in the Ukraine expertise, and was not fulfilling its obligations can still be witnessed when human rights are to supply information to the authorities. After pitted against economic profit: the motto Friends of the Earth publicly denounced the right to health ‘results at any price’ continues to be the persecution of its members by the company, official norm. As a result, economic ISTA requested a meeting and the media versus right to development in the Ukraine is being achieved became involved. through the importation of cheap, outdated, In the end, the planned expansion of the plant and often outlawed technologies from profit was stopped, people living in the vicinity of developed countries. Not surprisingly, people’s the factory were given a satisfactory out-of- ukrainian people triumph over health and the need to preserve the country’s court settlement, and the entire plant polluting factory natural resources are ignored. Zelenyi Svit/Friends of the Earth Ukraine management was replaced. In addition, some A prime example of this maldevelopment has existing national environmental laws were unfolded in the Dnipropetrovsk region, a strengthened. As a result of the victory, the heavily industrialized area with incredibly membership of Friends of the Earth Ukraine Young members of Friends of the Earth Ukraine high levels of pollution. In 1992, the Ukranian increased, putting the group in a stronger displaying banners: “No to battery plant!” “Don't sacrifice children's lives for batteries!” company ISTA began constructing a car position to monitor the activities of ISTA and battery factory there, importing equipment other companies that defy people’s from Germany where local protesters had environmental rights. managed to stop production. more information: Friends of the Earth Ukraine: www.zsfoe.org [email protected] © foe ukraine © foe
14 | foei 2 rts iwy detsmn for itsClub World service. British Airways advertisement and memoryloss.” visualimpairment thinking, memory loss, muddled “Sleep deprivation causes friends of the earth england, wales & northern ireland england,wales &northern friends oftheearth ov airplanes prevail environment clean andhealthy to a the right one © bill osment/foe uk sustainable societies er sleeper’s rights they occur past 4 in the morning. 4inthemorning. they occurpast sleep, often preventing sleepaltogetherwhen night. These are amassive disruptiontopeople’s in thevery earlyhoursofthemorningorlate at take place are anumberofflights every day that addition tothegeneral noiseoftheflights, there c flights ofHeathrow’s night impact The worst night, seven days per week. after 10at ev landingortakingoff the roar ofanaircraft are exposed to totheairport people livingnext Some memory lossandvisualimpairment. health, andcanleadtostress, depression, tohuman well recognized asposingathreat Organization maximums.Suchnoiselevels are f are exposed toextreme levels ofnoise,often path toHeathrow andundertheflight next eachyear. Residents living from theairport airports, with closeto500,000flights toor isoneoftheworld’s busiest Heathrow airport our timeshigherthan World Health msfo h fetonpeople’s sleep. In omes from theeffect ery 90seconds, from 6inthemorning until www Ireland: Northern F more information: another for everyone else. classpassengers, and business anditsfirst memory loss’. Yes, precisely. Onerulefor big and visualimpairment muddled thinking, and ‘Sleepdeprivation causesmemoryloss, Standfor SleeplessNights’ passengers: ‘Don’t in theiradvertisements for theirClub World however,Their hypocrisy issurprising, asseen c BritishAirways joinedthe so surprising that istherefore not British Airways. It Namely theaviation industry, andinparticular flights? So whoreally profits from night timeever. for thefirst judgment in anECHR re positive feature toemerge was theformal basic healthconditions”. Onesmallbut “precedence toeconomic considerations over f the casedisagreed withthemajorityand lawyers. Five oftheseventeen judgeshearing criticized byhumanrights andenvironmental severely was judgment government. The decision, decidinginfavor oftheUK 2003, theGrand Chamberreversed theearlier inthesummerof In adisappointing judgment addressed environmental humanrights. human rights around courts theworldhave theway inwhichother to tryandhighlight this point, Friends joinedinthecase oftheEarth to theGrand At ChamberoftheEuropean Court. appealedthedecisionandtookcase the UK Rights ruledinfavor oftheindividuals.However, T to acleanandhealthy environment. have aspecificright doesnot life, astheECHR for private andfamily torespect of theright Human RightsThey (ECHR). claimedaviolation c e who were therefore already suffering from path and people wholived undertheflight of themtotake Asaresult, place. anumberof flights toallowmore the laws governing night changed Several years ago, government theUK ofcourt case fliesinandout udta h ugetunjustifiablygave thejudgment ound that oyasao h uoenCutofHuman wo years ago, theEuropean Court ut n vnulyt h uoenCutof andeventuallyourt, totheEuropean Court utcase onthesideofgovernment. ourt riends of the Earth England, the Earth riends of Wales and xtreme sleepdeprivation to tooktheUK c ognition of‘environmental humanrights’ .foe.co.uk/campaigns/transport/ f oei | 15 2 16 kfem/friends southkorea oftheearth nears victory saemangeum campaigninsouthkorea a wetland to remain the right environment clean andhealthy to a the right one marchthe Han crossing "3 steps1bow"protest | foei sustainable societies River bridgeinSeoul. The 310-kilometer
© kfem/foe south korea ciit aeterhassae nfoto h rsdn' eiec opoetaanttheSaemangeumwetlandsreclamation pro against the President's of to protest residence their headsshaved haveActivists infront and willincludea33-kilometerlongseawall. willencompass some41,000hectares project industrial complex. Ascurrently planned,the order tocreate agricultural landandan wetlands area willbereclaimed in important ofKorea’s beautifulcoastline, andan part mouths oftworivers. The existing tidalflats, c r Saemangeum isthecountry’s largest finally insight. diverse tidalflats for many years, is andvictory andecologically important the planet’s most ofone campaigning tostopthedestruction F eclamation project, involving the riends of the Earth SouthKoreariends oftheEarth hasbeen onstruction ofaseawallonstruction dammingthe © kfem/foe south korea spoonbill, theOystercatcher andSaunder’s gull. endangered speciessuchastheBlack-faced A Asian- as afeeding stopontheEast At the tidalflat. theseawall andcover and stonetoconstruct have beendestroyed inorder tosupplysoil mountains, someeven innational reserves, Many nearbyislandsand activities. people willbedeprived oftheir subsistence When finished,some22,000localfishing ustralasian flyway every year, including es 200,000shorebirds useSaemangeum least ject. eton a ten-day hungerstrike. went protest, anddirectors oftheorganization shavedactivists their headsinsymbolic three Friends SouthKorea oftheEarth w r passionate demonstrations. In2003,four been demonstrated in many and colorful theplan,andtheirresistance has against ofSouthKorean citizens are Some 86percent steps, bows and shaved heads lgoslaescridota‘3steps1bow’ eligious leaderscarriedout alk over adistanceof310kilometers. Thirty- W L
© kfem/foe south korea eaders from SouthKorea's majorreligions (Buddhism,Protestantism, Catholicism, and nBdhs)la rts gis theSaemangeumwetlandsreclamation project. against on Buddhism)leadaprotest Ea environmental groups includingFriends ofthe In November 2002,localpeopleand the wetlands. their livelihoods andbirds canflock backto c r pressure, however, andiscallingfor the r isfeared to environmental damagethat of themassive Saemangeum inlight C c estoration ofthetidalflats totheiroriginal letting up the Friends isnot oftheEarth esult. niins htfisherpeoplecanresume ondition sothat InJuly2003,theSeoulAdministrativeourt. utordered thetemporary suspensionof ourt r hSuhKrato h oenetto th SouthKorea tookthegovernment h F more information: riends of the Earth SouthKorea:the Earth riends of ttp://english.kfem.or.kr
© kfem/foe south korea rts march. protest The "3steps1bow" f oei | 17 © censat/foe colombia © censat/foe colombia © censat/foe
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the right to a clean and healthy 2 environment Although Colombians have obtained many As environmentalists, Friends of the Earth rights, including the constitutional right to a Colombia believes that the illegal production healthy environment, justice remains out of of coca has contributed to the serious fumigating reach. One striking example is the ongoing degradation of the Andes and Amazon forests. fumigation of crops destined for illegal use However, the spraying of glysophate by low- colombia with Monsanto’s Roundup Ready herbicide, flying planes only stimulates this degradation, which has destroyed important ecosystems not only through the unknown effects of the an attack on human and and has seriously violated the rights of chemicals on the ecosystem, but by forcing environmental rights communities and the environment. the growers into the forest where the impacts censat/friends of the earth colombia of fumigation are even more damaging. The government’s aerial spraying of crops Friends of the Earth is convinced that fighting intended for illegal use (marijuana, coca, and more one evil with another is pointless. recently poppy) with the herbicide glysophate, a ‘poison rain’ marketed by Monsanto, has been going on for more than three decades. However the recent, increased fumigation is part of a strategy against drug trafficking adopted by the US and Colombian governments that focuses on the weakest link in the process: the growers. Thus, those who suffer most in this war are the farmers, the indigenous peoples, the Afro-Colombian communities, their cultures and their ecosystems. © censat/foe colombia © censat/foe
18 | foei During the second phase of Plan Colombia, Although the fumigation is intended to destroy which coincided with the entry into power of crops for illegal use, it knows no borders and President Alvaro Uribe Vélez, more than has also impacted farmers’ subsistence crops, 250,000 thousand hectares of coca and poppy water sources, indigenous lands, and Afro- were sprayed. According to official figures, this Colombian communities. Forests and has led to a reduction of 37 percent of crops; biodiversity have been destroyed, as glysophate the reality however is that the fumigation has is poisonous to most plant species. In short, the not contributed to diminishing crops. A recent poison is affecting every link in the food chain, report by the United Nations Office on Drugs with the end result of harming human health. and Crimes showed the greatest decreases in Since its inception, Plan Colombia and in areas that had not been fumigated. This raises particular the fumigation strategy has the question of why the government provoked great social opposition. A recent continues to fumigate, and whom this governmental decision to fumigate national strategy benefits. parks, including the globally-recognized UNESCO biosphere reserve La Sierra Nevada attacking public and environmental health de Santa Marta, has provoked fierce reactions from a Park Defense group made up of Farmers in the fumigated areas and some academics, journalists, parliamentarians, indigenous communities bear the brunt of environmentalists and human rights activists. this strategy, and have continuously called for the replacement of spraying by manual Friends of the Earth Colombia is opposed to the eradication. Indigenous communities insist fumigation on the basis of the precautionary that their traditional lands, as well as the principle, which says that “when an activity cultural importance they place on the earth raises threats of harm to human health or the and the coca plant, be respected. environment, precautionary measures should be taken even if some cause and effect Local governments, environmental groups and relationships are not fully established human rights organizations have campaigned scientifically.” We are also on the alert for a new and taken legal action to stop the fumigation. wave of fumigation using fungus, which could The national government has refused to potentially be even more dangerous. © censat/foe colombia© censat/foe colombia © censat/foe
plan colombia comply with two Constitutional Court orders The rights that have been won today do not that the spraying be stopped, and has not yet guarantee justice, and this is why other Colombia’s anti-narcotics policy has the strong carried out any of the required social or rights must be claimed: the right to not be backing of the US government. In July of 2000, environmental impact assessments. In turn, displaced; the right to not be fumigated; and President Clinton approved US$1.3 billion for a Monsanto continues to insist that glysophate the right to protect indigenous reserves and ‘war on drugs’ within the framework of Plan has no adverse impacts on human health or the environment against destroyers like Colombia, which was allegedly intended to the environment. Monsanto. The fumigations must be stopped increase national security and decrease today, because very soon it will be too late. conflict in the country. Despite an enormous The emerging evidence about the impacts of increase in fumigation, the strategy yielded fumigation on human and environmental more information: meager results, with a mere 11 percent health is alarming. Medical experts in southern Friends of the Earth Colombia: decrease in coca crops in 2000-1. Colombia, which has been sprayed liberally, www.censat.org (in Spanish) report high incidences of ocular and cutaneous afflictions, as well as the death of livestock and poultry. Ecuadorian investigations based on the border area with Colombia have found cases of over-stimulated central nervous systems, which causes headaches, nightmares, nausea, vomiting, stomachaches and weakness. Glysophate also causes strong eye and skin irritation, matching reports by Colombians in the Putamayo region with these symptoms.
foei | 19 3 the right to water treated as an economic good. Friends of the water company to leave the country. In Earth groups are campaigning for water Slovakia, public water services in the city of justice by promoting collective water Trencin are being privatized without public Water is becoming dirtier, scarcer and costlier management systems, urging water involvement, fuelling Friends of the Earth’s for people in many parts of the world. Big reduction and reuse, restoring rivers and campaign against corporate water secrecy. To dams, pollution, deforestation, industrialized wetlands to more natural states, and resisting protect the right to water for future agriculture and mining are all part of the the privatization of public water sources. generations, Friends of the Earth Uruguay has problem, and the international financial co-initiated a procedure for constitutional institutions, trade treaties and multinational In the face of a global corporate push to reform that would make access to water a water corporations that promote the privatize water sources, communities are fundamental human right. privatization of water services are decreasing resisting the violation of their water rights in people’s access to water. various creative ways. In Cochabamba, Bolivia, more information: massive public uprisings led to the Friends of the Earth International: Friends of the Earth International believes withdrawal of the government’s water www.foei.org/water that water is a fundamental human right as it privatization law and forced an unwelcome Water Justice: www.waterjustice.org is essential to livelihoods, and it should not be
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3 the right to water Neoliberal economic globalization, pushed by the case of cochabamba the US government and transnational In 1999, the Bolivian government privatized corporations, is leading to the privatization of the city of Cochabamba’s municipal water services, natural resources and practically water for services and handed them over to the Aguas every economic activity in Bolivia. This is del Tunari consortium, which consisted of happening quickly, and without proper the people International Water Limited (50% owned by consultation. Water, which has until now been Edison SpA from Italy and Bechtel from the privatization gone bad in cochabamba managed by rural communities, farmers and US); the Spanish company Abengoa (25%); cer-det/friends of the earth bolivia indigenous peoples, is being handed over to and four Bolivian investors. corporations that aim to place every drop under the laws of the market. Aguas del Tunari immediately raised the price of drinking water by about 300 percent. In the meantime, the government approved the privatization of all drinking water services and water resources such as rivers and lakes. The convergence of these events triggered a mobilization of communities in the Cochabamba valley. © tom kruse
20 | foei Protest against Cochabamba privatization in the Netherlands: “Water is for the people, not the multinationals”.
“In a poor country like Bolivia, the US$25 million claimed by the transnational company could mean 125,000 water connections in Cochabamba, or 3,000 annual doctors’ salaries in rural areas, or 12,000 annual teachers’ salaries.”
Osvaldo Pareja, Cochabamba. © noticias
Farmers, rural workers, environmentalists, unhappy water giant more information: students and other social groups came Water Justice: www.waterjustice.org Aguas del Tunari responded by launching together in the Coordination for the Defense Friends of the Earth Bolivia: various actions in order to receive of Water and Life and carried out daily actions [email protected] compensation for so-called “incurred losses”. such as road blockades, demonstrations and In November 2001, the company claimed strikes. This culminated in April of 2000 with a US$25 million from the Bolivian government massive rally, which ended in several deaths to make up for the loss of revenue incurred and numerous injuries. with the cancellation of the contract. The case, Ultimately, the people of Cochabamba were which is pending, will be heard by a tribunal victorious in not only driving the company out with three members: someone chosen by the of the country, but also in having the planned World Bank President, someone chosen by the privatization law withdrawn. The contract transnational corporation, and someone with Aguas del Tunari was annulled, and chosen by the Bolivian government. water management was given to a public Cochabamba’s ‘war on water’provides striking cooperative. evidence of corporate power, but above all it is an inspiring example of the power held by people when they unite in order to defend their basic rights.
foei | 21 3 22 friends of the earth slovakiafriends oftheearth privatization plans ofwater out public shut in slovakia information thirsty for to water the right one | foei sustainable societies
© foe slovakia © foe slovakia rvn the collapse ofwater inthearea. services prevent with TVS inorder to sign anoperational contract c betweenprivateproperty andmunicipal acquired majoritycontrol in TVS. This divisionof multinational SuezLyonnaise desEaux then the former state water company. The French had beenestablishedbymanagersof firm that and vehicles, was transferred to TVS, aprivate f pipes andsewers, whileeverything elserequired owned company, TVK, tookcharge ofthewater amunicipally- happenedwas that In fact, what of water transformation”. sector was intended toserve asa“model statements it privatization inSlovakia, andaccording toofficial c ofthe in thecityof Trencin inthe westernpart decidedtoprivatize water services government w beforeIn 1998,shortly inwhichit theelections their provision. r authorities have proven public interest’, but areservices bylawconsidered ‘services inthe practice. For example, water andsewage in toknow’ civil societytoenforce the‘right Information thechallengeremains Act, for adopted avery progressive Accessto has Although theSlovakian parliament or water services, includingbuildings, machines lcattorelease information related to eluctant ompanies forced themunicipalcompany TVK to caseofpublicservices ountry. This was thefirst as replaced byanewcabinet,theSlovakian Ea in water andsewage rates. Friends ofthe co the hugeprofits includedfor TVS inthe e the conditions imposedby TVS were Information was later divulgedindicating that fishing for information to theSlovak Supreme Court. F closed,however: inJanuary2004, yet is not rights ofthoseseekinginformation. The case wa c re public finances, andexplicitly states that information related or topublicproperty obliges theresponsible authoritiestodisclose The Slovakian AccesstoInformation Act remains hiddenfrom publiceyes. the contract TVS beasked for theinformation, andtodate TVKor closed thecircle byrecommending that trade secret. The MinistryofEnvironment tobea TVKdeclared thecontract claimed that Slovak MinistryofEnvironment, which in turnreferred Friends tothe oftheEarth Slovakia for itspublic release. The Commission ignored requests byFriends oftheEarth TVKand TVS thecontract, modify it that operator. AlthoughtheCommission insisted Ea grounds ofcommercial secrecy. Friends ofthe director of TVK, whorefused tocomply on alongtothe municipality passedtherequest of Trencin, amajorshareholder in TVK. The tothecity oftheoperational contract full text h ikeitdta h rn could co thegrant the riskexisted that f thecriteria privatized water operations met Trencin’s began toinvestigate whetherornot w c e European Commission’s ISPA program for the from the In 2000, TVK was awarded agrant TVS, receiving thesamenegative response. or theISPA program, whether andparticularly ommercial secrecy. Nevertheless, corporate onstruction of a water treatment plant. It plant. ofawateronstruction treatment riends of the Earth Slovakiariends oftheEarth filedacomplaint xtremely disadvantageous for TVK, andthat xtension ofthesewage systemandthe sntutl20 httheCommission until 2002that as not v nt n r r e evcsaevr fe u above the areter services very often put aigsc nomto osntbreach ealing suchinformation doesnot hSoai aea fiilrqetfor the th Slovakia madeanofficial request th asked thesameofprivate operator tribute toundueprofits for theprivate ra ct c ould leadtoanenormousincrease © redes/foe uruguay © redes/foe uruguay © redes/foe
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3 the right to water In October 2003, a ‘human river’ organized by those in the World Trade Organization, the Friends of the Earth Uruguay and other social Free Trade Area of the Americas and other and environmental groups delivered a petition bilateral and regional agreements. of 280,000 signatures to the Uruguayan water as a The constitutional reform proposal has Parliament. The petition launched a procedure become the hottest political issue in the for constitutional reform that will be voted on, constitutional right country, with the government and affected simultaneous to the national elections, on 31 and interested corporations trying to October 2004. The proposed reform would in uruguay? undermine widespread public support halt and reverse the privatization of drinking through a massive media misinformation redes/friends of the earth uruguay water services and the commodification and campaign. sale of the country’s fresh water reserves, including the Guarani Aquifer, one of the most more information: important on the planet. The reform would Friends of the Earth Uruguay: also guarantee the public, participatory and www.redes.org.uy (in Spanish) sustainable management of the country’s water resources.
If adopted, the reform would make access to water a fundamental human right and a constitutional right. This right would thus even be protected from erosion through free trade and investment agreements such as
foei | 23 Years ago, farmers occupied Bambuzal with the rationale that this area was not included in the 10,000 hectares that the Costa Rican government donated to Standard at the end of the 1960s. Campesinos and campesinas have since created a subsistence economy the right to food there that has enabled them to improve their 4 safety and security Farmers’ rights, based on the “past, present quality of life. They have also preserved their and future contributions of farmers in own tree species, and protected several water conserving, improving, and making available sources. After some years had passed, they Friends of the Earth International believes plant genetic resources, particularly those in asked the Costa Rica agrarian courts to grant that people have the right to decide what they the centres of origin/diversity” (Food and them titles to this land. grow and what they eat. Just as we should be Agriculture Organization) are increasingly able to decide what we put on our tables, gaining recognition. However these rights are farmers and communities should also have this land is my land! also increasingly threatened, not only by the right to grow the crops they choose for genetic contamination, but also by Before sweeping the land out from under the their own food security and sustainable Intellectual Property Rights, which allow farmers’ feet, Standard waged various battles livelihoods. In Costa Rica, for example, corporations to privatize the knowledge to intimidate them and to delay the verdict. although farmers have rehabilitated the shared between farmers over generations. Eventually they sold part of the land to forests and water sources previously degraded another transnational to be used for by banana plantations, they are still struggling more information: electricity production; this was illegal because to keep the Standard Fruit Company from Genetically Modified Crops: A Decade of the land was still tied up in litigation. confiscating their homes and croplands. Failure, Friends of the Earth International: Standard also engaged in other maneuvers www.foei.org/publications/link/gmo Friends of the Earth has serious and legitimate involving foreign banks in an attempt to GRAIN: www.grain.org concerns about the risks of genetically complicate the legal ownership of the land. Action Group on Erosion, Technology and modified foods and crops (GMOs) for Concentration (ETC): www.etc.org Eventually Standard brought criminal charges consumers, farmers, wildlife and against the farmers, claiming that they had environments around the world. In Mexico, usurped the land. In collaboration with the the center of origin for maize, biological Costa Rican government, the company diversity and food security are threatened by contracted private security forces and public contamination by genetically-modified crops. police to harass the farmers using force, Our Bite Back campaign challenges attempts repression and tear gas. Two farmers died: one by the United States and others to prevent asphyxiated and the other shot five times in countries from deciding whether or not to the back. allow genetically modified food and farming.
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the right to food 4 safety and security In 1967, the government of Costa Rica sold The farmers, counting on a quick verdict, have 10,000 hectares in one of the most fertile and instead witnessed the government’s unfailing biodiverse regions in the country to the support for the banana corporation as the case costa rican farmers Standard Fruit Company for the ridiculous languishes in court. They are denouncing their amount of 1,000 colons (US$2). This eviction from land that was legally declared bamboozled by transaction reaffirmed the submission of theirs to cultivate until a judgement was most Costa Rican governments to reached, and lamenting the burning of their banana company transnational capital. farms, the destruction of their crops, and the indiscriminate cutting of trees by the banana The Standard Fruit Company devoted the coecoceiba/friends of the earth costa rica company. majority of these lands to banana cultivation, and the rest to growing the bamboo used to The right to land is a fundamental human prop up the banana trees. As a result, this right for farmers, who produce food, manage small area was called ‘Bambuzal’. Although resources sustainably and create models for technological change in the 1990s made the greater social justice and better wealth bamboo unnecessary, the banana company distribution. This right is a traditional and continued to exert its dominion over the 875 collective one that has long been defended by hectares where it was formerly grown. farmers around the world. In this case, true justice will be served only when the land is returned to those who make the best use of it: the farmers of Bambuzal. © tania dunster
24 | foei 4 Mexican maize varieties, Oaxaca, Mexico. genetic material for plant breeding, thebasis breeding, genetic material for plant of years, andcorn isoneofthekey reserves of and localfarmer communities over thousands v possible contamination ofMexican corn. Corn c the UnitedStates, there have beenmany commercialized in Since GMcrops were first diversity ofthiscrop isfound. the greatest Mexico isthecenter oforiginmaize, where c groupaction onerosion, and technology co threatened bygmo mexican farmers safety andsecurity to food the right one nen nnihoigMxc bu the oncerns inneighboringMexico about arieties have beendeveloped byindigenous oncentration © greenpeace/lópez sustainable societies n tamination maize inMexico. isillegaltocultivate GM modified maize. It co states, Oaxaca andPuebla, were traditional maize varieties intwoMexican In 2001,Nature that magazine reported Japan, SouthKorea, andBolivia. ended upcontaminating thefood suppliesin other countries. StarLinkcorn for instance can easilycross boundariesandendupin co c ov c In 2001,thearea intheUScultivated withGM c important also hoststheworld’s most productivity ofcorn crops Mexico worldwide. is neededfor improving thequalityand f of food security. Maize diversity iskey for re omnte n ln breeders, and armer communities andplant orn was over 20millionacres, constituting ofendangeredollection corn seeds. ountry. Many cases oftransboundary n r5 ecn ofallcorn cultivated inthe er 50percent n aiainhv hw htillegalGMOs tamination have shownthat taminated withDNAfrom genetically
© kees kodde, foe netherlands Chihuahua, Mexico. P and future.” history, ofourpresent we ofwhat than afood, it’s part of ourcommunities. It’s more the foodbasis of sovereignty “ C GroupAction onErosion, Technology and more information: authorized asfood. have identified StarLink GMmaize, whichisnot r occurred inninestates, seven more thantheinitial c civil societyorganizations inover 130local from happening again.Moreover, monitoringdoneby it genetic pollution,nortoprevent there toaddress stillisnoclearplanofaction this Despite theseriousnessofcontamination, w knowingit intended for food andfeed without Mexican farmers planted USGMmaize isbelieved that purposes toMexico. It quantities ofmaize for food andfeed large exports the UnitedStates, sinceit sourceThe suspected ofthecontamination is esearch showed. The organizations alsoclaimto muiisi eiofudta contamination ommunities inMexico found that edro, indigenouscommunity memberin oncentration (ETC): Our seeds, ourcorn,the are as geneticallymodified.
c onsider sacred,ofour www .etc.org .etc.org f oei | 25 In May 2004, Friends of the Earth campaigners declared a bio-hazard' area around the WTO's headquarters in Geneva in protest of the WTO dispute over genetically modified food. They delivered a petition to the WTO signed by more than 100,000 citizens from 90 countries and some 544 organizations representing 48 million people.
more information: Friends of the Earth International Bite Back campaign: www.bite-back.org Friends of the Earth Europe: www.foeeurope.org/biteback/index.htm Friends of the Earth International GMO campaign: www.foei.org/gmo/index.html © foe europe © foe
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the right to food 4 safety and security More than 70 percent of citizens in the To force genetically modified products into European Union do not want genetically global markets, President Bush filed a legal modified organisms (GMOs) in their food. dispute at the WTO, accusing the European bite back! However, US President George Bush and big Union of blocking trade by restricting GMOs. If biotech companies are trying to use the World successful, not only will the EU have to accept thousands call for food safety Trade Organization (WTO) to force the EU and genetically modified food and farming but so friends of the earth international the rest of the world to accept genetically will the rest of the world. modified food and farming. This is a grave In response, Friends of the Earth International violation of people’s right to decide what they and more than 350 other organizations – want to eat and of farmers’ rights to grow the together representing 35 million citizens crops they choose. worldwide – launched the ‘Bite Back’ Biotech companies have invested billions in campaign. This initiative invites civil society GMO products with potentially harmful around the world to submit Citizens’ impacts on human health and the Objections to the WTO, demanding that the environment. Such products take away right to eat GMO-free food not be consumer choice, make farmers dependent on undermined and that the US complaint be big business, and undermine food security in dismissed. The first 100,000 Citizens’ developing countries. It is not yet known what Objections were handed over to the WTO in risks GMOs pose to people’s health and the May 2004. A final ruling in the case is environment. expected in 2005. © foe europe © foe
26 | foei 1. collective rights 2. the right to know 3. the right to decide 4. the right to resist
part two | information, participation and security © scheltema/greenpeace
Landowner Sakas Aonomo at a log camp in Middle Fly, Western Province, Papua New Guinea. “By looking at that place I feel very sad and upset and frustrated about my land being destroyed.”
foei | 27 1 collective rights been invoked in the struggles of the Nukak collectivities including indigenous and black Makuk, Uwa and Embera people. communities, farmers and local people, and this invaluable contribution to global The concept of collective rights emerged Collective rights are intergenerational. Land sustainability must be recognized. because individual human rights do not rights must be understood from this guarantee adequate protection for indigenous perspective, as present generations have In South Australia, a group of Senior peoples and other minorities exhibiting inherited the territory of previous ones, and Aboriginal Women have won the collective collective characteristics. These groups face are obliged to pass it on to future generations. right to protect their land and their culture various threats to their livelihoods, to their For that reason, indigenous territory should from a radioactive waste dump. They have environments, to their health and to their not be classified as property but rather as received international recognition for their security, and their very survival may depend inheritance or patrimony. In the cosmic vision determination to “look after their country” in upon the recognition and protection of their of many indigenous peoples, territory is not order to pass it along to future generations. collective rights. only a physical space but also where The Dayak Pitap of Indonesia are campaigning productive systems like fishing, hunting, against the appropriation of their ancestral Collective rights guarantee the development agriculture, extractive activities and so forth lands by a mining corporation, proving that and preservation of ethnic minorities’ cultural are carried out in a self-reliant manner. their self-determination as a people is more identities and forms of organizations. A few important than any profits that can be dug existing legal instruments recognize these Collective rights over biodiversity are the from the land. rights, including Convention 169 of the result of the preservation and maintenance of International Labor Organization and the knowledge, innovations and other practices political constitutions of several nations based in nature. The conservation and including Colombia, Bolivia and Ecuador. In sustainable use of biological diversity is Colombia for example, collective rights have incorporated into the traditional lifestyles of
two information, participation and security
1 collective rights The Dayak Pitap are a small group of fewer South Kalimantan is blessed with natural than 900 people living in the Meratus resources including forests and coal, and has mountains of South Kalimantan, Indonesia. thus long been viewed by governments, indonesia’s dayak They live mainly through small-scale Indonesian companies, foreign corporations agriculture and rubber tapping, and also raise and national security forces as a financial pitap want to be poultry, hunt boar and fish. For years, they ‘cash cow’. In the 15-year period between have been plagued by the forestry and mining 1984 and 1999, more than 100 million tons of left alone industries, which continue to pose enormous coal were produced in the province, with an threats to their livelihoods and the local average annual production of 7.7 million tons. friends of the earth indonesia environment. They are determined, however, to manage their own livelihoods and trickle up resource exploitation environment without external interference. Only a few have enjoyed the benefits of these riches, however, and communities have watched their environment degrading with no significant improvement in their welfare. Bulldozers, excavators, and dump trucks work night and day to exploit the land, while local people observe from the sidelines from within a cloud of ashes and dust.
28 | foei © walhi/foe indonesia © walhi/foe
The Dayak Pitap have been defending their taking control of the future The Dayak Pritap, by making use of their right rights to the environment and their livelihoods to say “no, thanks” to companies, In response, the Dayak Pitap have drafted their since the early 1990s, when they started feeling governments and other stakeholders, have own proposals for the local government on pressure from the logging and mining been an inspiration for other community how to manage their natural resources, how industries. As a response, they began to promote groups in Indonesia seeking to protect their to preserve their local customs and community-based forest management as an rights. They believe if the community unites, knowledge, and how to maintain social alternative to the private concession system. nothing can beat them. communities. They have also undertaken Large-scale private land concessions are participatory mapping to delineate their more information: responsible for environmental disasters territories and secure their rights, attended Friends of the Earth Indonesia: throughout Indonesia, including flooding, meetings with the local parliament, and www.walhi.or.id community intimidation, social conflict and the lobbied local and national governments to erosion of traditional knowledge and wisdom. protect and fulfill their rights to their Despite these efforts, the local government livelihoods. signed an agreement worth around US$10 million with the PT Sari Bumi Sinar Karya mining company. The Dayak Pitap are united against the plan to open an iron ore mine in the community’s sacred land, which spans two mountains. For the indigenous community, this area has long been used as a place of worship and as the final resting place for their ancestors.
foei | 29 1 30 pedy, southaustralia nina brown, irati wanti campaignoffice, coober australian government aboriginal womenwinbattle against the poison,leave it c two ollective rights | foei information, andsecurity participation edntwn it.” want we don’t ngura -inourcountry. It’s poison and strictly land. We say NOradioactive dumpinour willpoisonthe istalkingabout government “We knowthecountry. The poisonthe Wa w environmental campaigninoppositiontothe K r f a toresist tirelessly across the continent years, theKungka Tjuta haveIn recent traveled who traveled across thecountry, creating it. ‘Law’, whichtellsthestoryofSeven Sisters T look after [their]country”. They follow their the early1990sto“keep theculture strong and P Senior Aboriginal Women basedinCoober The Kupa Piti Kungka Tjuta are acouncil of the Australian aradioactive wastedumpin desert. their campaignagainst K drlgvrmn proposal for anational ederal government adioactive waste dump in the desert. The adioactive waste dump inthedesert. ungka Tjutathey werethe GoldmanPrize awarded womenholding in2003recognition of uu,vrosytasae s‘raig or jukur, variously translated as‘Dreaming’ edy, SouthAustralia. They cametogetherin ungka Tjuta have spearheadedanational
aste dump. Their campaigniscalledIrati © foe australia n ti: “thepoison,leave it”. Intheirwords, htwas alie.” that ... thekangaroo, theemu,but us you could eat They are doingthesamethinghere. They told it. the bomboff about nobodyknewanything says Eileen Wani Wingfield. “Whenthey let usedthecountry for thebomb,” government dump proposal. “All ofuswere livingwhenthe e tothedeadlyconnection between past point survivors ofthisnucleartestingprogram, and A weapons were detonated intheSouth 1953 and1963,aseriesofBritishatomic entry intheglobalnuclearindustry. Between w approval for thewaste dump. Significantly, it granted final In 2003,thegovernment precsadtepeetradioactive waste xperiences andthepresent ustralian desert. ustralianThe Kungka desert. Tjuta are as alsothe50thanniversary ofAustralia’s
© foe australia “You don’t listen to us ladies. You’re still not listening. Do we have to talk over and over? It’s women’s place. Stop mucking around with women’s business. It’s our story to know for all Kungkas. Not a story for you white men. Not your land, even if you say you own it. Even if you buy it.”
The Kungka Tjuta in a letter to the Australian government, 2004.
The Kungka Tjuta have achieved national government trickery Finally, in August 2004, the Irati Wanti recognition and widespread support for their campaign met with victory when the A few months later, the federal government Irati Wanti campaign. The South Australian Australian government abandoned its plans compulsorily appropriated the land for the government is actively opposed to the waste for the nuclear waste dump. The Kungka proposed waste dump. This occurred only dump construction, as are 87 percent of South Tjuta's determination to see their struggle hours before the South Australian parliament Australians polled, and numerous through was not in vain: “We’re here to look was due to table legislation declaring the site communities along the proposed transport after the country. We’re not going to live a public park, which would have foiled the corridor are also resisting the plan. forever. If we do the right thing to help the planned land seizure. The South Australian younger generation, they’ll turn around and The Kungka Tjuta’s resolve received government took the case to court; it was fight for the protection of their country in international recognition in 2003 with the dismissed, but won by unanimous decision their turn.” awarding of the prestigious international upon appeal. The massive publicity catalyzed Goldman Environmental Prize to founding by the court decision has been a severe blow more information: members Eileen Kampakuta Brown and Eileen for the “national interest” reasoning spouted Irati Wanti campaign: www.iratiwanti.org Wani Wingfield. The annual prize is given to by the government, and politically humiliating [email protected] grassroots environmental “heroes” from six in an election year. geographic areas across the globe, and is the largest of its kind. In a joint statement issued after the announcement of the prize the pair commented, “We all have to get together and look after this country. … We are strong, old ladies. We will keep fighting.”
foei | 31 2 the right to know People have the right to play an active role in contribution of the country’s Export Credit protecting their environments, and access to Agencies to climate change. In the United information is key to securing this right. There States, groups including Friends of the Earth “Environmental openness is is a great deal of secrecy surrounding the are calling for an International Right to Know an inalienable human right. activities of corporations and their financial requirement, which would force companies to backers around the world. Governments too reveal environmental, labor and human rights Any attempt to conceal any often collude with these schemes to keep information about their overseas operations. illegal, unethical or simply unpopular projects International financial institutions are information about harmful and processes away from public scrutiny. notoriously non-transparent and non- impact on people and the In response, communities and individuals are participatory in their operations. In Slovakia, environment is a crime calling for information disclosure when Friends of the Earth is working with people in activities impact the environment or people. the town of Ruzomberok to require the against humanity.” Campaigners and citizens are making use of European Investment Bank to address the ‘right to know’ provisions on the national and environmental and social impacts of its Russian environmental activist Alexandr Nikitin, international levels; for example, Friends of funding for a polluting paper mill. who was charged with espionage for contributing the Earth Germany is suing their government to a report that exposed illegal nuclear waste dumping. for refusing to release information about the
two information, participation and security
2 the right to know Germany claims to be a leader in climate Guarantees from Export Credit Agencies (ECAs) policy. Although this may be true in terms of insure companies against economic and the energy measures being taken on the political risks they may face particularly in the right to know national level, what about the impact of developing countries. The German ECA, German technology exports? After all, Hermes, provides billions of dollars of funding who wrecks the Germany is responsible for one third of global for energy, mining and transport projects exports in the mining sector, and has huge around the world on behalf of the German climate market shares in power plants, cars, airplanes taxpayer. These projects give rise to greenhouse and public transport systems. In this way, gas emissions that cause climate change. german government sued for German exports help to determine the extent non-transparency to which future global energy infrastructure friends of the earth germany will be climate-friendly or unfriendly.
Friends of the Earth demonstration in the UK against the Baku-Ceyhan pipeline, which is funded by the German Export Credit Agency. © nick cobbing, foe ewni © nick cobbing, foe
32 | foei Oil port near the Baku platform near the Baku-Ceyhan where pipelineoriginates. Oil port Saudi Arabia. the airbusindustryinUS, Sweden and for Baku-Tiblisi-Ceyhan pipeline;andaircraft 400 kilometersofpipesfor thecontroversial fired powerstation in Indonesia;more than the construction ofPaiton 2,adisputed coal- ex c promoted fossil projects indeveloping between1996and 2001, Hermes that W projects have madetoclimate change. The contribution ECA-funded assess exactly what impossibleto A lackoftransparency makes it
utista totalledUS$2billion.For ountries that © manana kochladze orld Resources estimates Institute(WRI) ample, Hermes has supported suppliesforample, Hermeshassupported of theKyoto Protocol in1997. guarantees were granted sincetheadoption production forenergy whichexport co groups asked Hermestopublishadetailedlist national Environmental Information the Act, n ao bu xot htmgtbe co might that exports and Laborabout information from theMinistryfor Economics and Germanwatch have beenrequesting F or many years, Friends Germany oftheEarth n n taining alloftheprojects inthefieldof tributing toclimate Invoking change. the ClimateLawsuit.org: Germanwatch: www Climate JusticeProgramme: more information: technologies. ofclimate-damaging involved intheexport f aninteresting precedent of thiscasecould set Environmental InformationThe outcome Act. accusing theMinistryofviolating the inJune2004, Germanwatch filedalawsuit r data wouldviolate businesssecrecy. In publishing certain andthat Information Act claiming exemption from theEnvironmental The Ministryultimately rejected therequest, or otherindustrialized countries withECAs esponse, Friends and oftheEarth .climatelaw.org www www .germanwatch.org .climatelawsuit.org f oei | 33
© nick cobbing, foe ewni © nick cobbing, foe ewni
Friends of the Earth demonstration in the UK against the Baku-Ceyhan pipeline, which is funded by the German Export Credit Agency. poorly, destroying the environment, and collaborating with oppressive governments that violate human rights.
The International Right to Know (IRTK) legislative proposal is modeled on the highly successful US Right to Know regulatory requirements. Under IRTK, American companies and companies listed on any of the US stock exchanges will be required to disclose key environmental, labor, and human rights information about their operations abroad, such as:
• How much toxic pollution does the company release into the environment?
• What dangerous chemicals are employees exposed to?
Doe Run smelter in Peru. Doe Run is the biggest polluter • Were communities forcibly relocated to in the US state of Missouri, according to the US accommodate the company? Environmental Protection Agency. In the United States, the Bhopal accident led to • Has there been sexual harassment or the creation of the Emergency Planning and discrimination in the work place? Community Right to Know Act, which was passed by Congress in 1986. This law requires • Does the company use child labor? corporations to report important environmental, • Does the company have secret agreements health and safety information to the with security forces such as foreign militaries? Environmental Protection Agency, which is then made available to the public in a user-friendly • Have there been any serious emergencies database called the Toxic Release Inventory. caused by chemical releases at their facilities?
The Toxic Release Inventory (TRI) has provided • How many of their workers abroad are citizens, communities and investors in the covered by collective bargaining agreements? United States with critical information that Under IRTK, companies will be required to has led to significant voluntary reductions of make annual reports to the US Department of toxic pollution and other environmental State. This information will then be provided © keith slack, oxfam america
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2 the right to know hazards. For example, information disclosed to the public through a consolidated website under TRI was used by citizens to convince on the Internet. Companies that fail to report IBM to phase out its use of or make inaccurate reports could face legal the right to know, chlorofluorocarbons – the main culprit in prosecution in the US as well as criminal and depleting the ozone layer. It allowed a group civil penalties. Likewise, private citizens and at home and of citizens in Akron, Ohio to obtain a organizations will be able to file lawsuits commitment from tire manufacturer BF against companies for non-compliance. Goodrich to reduce its toxic airborne abroad An IRTK law would lift the veil of secrecy emissions by 70 percent. TRI also gave surrounding the overseas operations of friends of the earth united states communities in Oregon and Louisiana the American-owned corporations. More information they needed to successfully enact importantly, information disclosed under IRTK Shortly after midnight on December 3rd, 1984, one toxics reduction statutes. of the world’s worst industrial disasters unfolded in would empower people to more effectively Bhopal, India. Over 40 tons of lethal gases leaked challenge the harmful impacts they face, from a pesticide factory owned and operated by an corporate secrecy overseas while consumers and investors in corporations’ home countries could choose to American company, the Union Carbide However, American companies operating redirect their purchases or investments away Corporation, now owned by the Dow Corporation. abroad are not required to disclose information from harmful corporate practices. The streets of Bhopal were filled with the bodies of that they must reveal when they operate in the thousands of victims, many of whom suffered US. This lack of disclosure has allowed many US more information: violent deaths. Today, thousands of people still live multinationals to conceal irresponsible or Friends of the Earth US International Right to with debilitating health effects. By some estimates, disgraceful behavior, such as treating workers Know campaign: www.foe.org/irtk. the death toll has risen to 16,000 or more.
34 | foei been displaced from their ancestral lands, ifis shirk rivers polluted, livelihoods destroyed and responsibility for people’s security repeatedly put at risk. The IFIs cannot currently be held human rights accountable for the human and environmental rights violations generated violations by their programs and projects. The member states of multilateral development banks like the World Bank in surrounding areas, the risks arising from the “The [World Bank’s Extractive Industries have all endorsed the UN Declaration on pollution have never been rigorously assessed. Review, EIR] received reports of alleged human Human Rights, and are bound by its Despite local protests, the company geared up to rights violations ranging from intimidation, provisions. But these obligations are often increase its paper production, applying for torture, kidnapping, and detention to rape and forgotten when countries take decisions construction permits for modernizing and killings. Women and children often are the within the banks. Paradoxically, although increasing capacity. Affected citizens appealed most severely harmed victims. According to the World Bank is itself a UN specialized against the deficiencies of the project information received by the EIR, the incidents agency, it is exempt from human rights construction permit process. Based on their of human rights violations are mostly not obligations under UN treaties. acknowledged by governments and courts in claim, the court decided not to issue the permit many developing countries. … There was also a So far, IFIs have refused to take until the local NGO’s concerns had been strong element of fear: quite a few people responsibility for the human rights seriously investigated. testifying to the EIR required anonymity when impacts of their lending, saying they are non-political actors. They disregard describing human rights violations.” too little information and too late widespread calls for compensation and World Bank Extractive Industries Review, December 2003. reparations. Despite being public Local citizens learned of the EIB loan only after institutions with the aim to alleviate it had been approved by the Bank’s Board of For decades, the World Bank and other poverty, the IFIs continue to finance Directors in July 2003. In September 2003, international financial institutions (IFIs) have projects and programs that undermine Friends of the Earth Slovakia submitted a been forcing countries to open up for people’s rights. request for information to the EIB, asking unregulated large-scale development projects three easy-to-answer questions about the more information: without providing protection for people and transparency of the loan approval. The EIB Friends of the Earth International IFIs the environment. Their operations have left answered only one of them, with programme: www.foei.org/ifi behind misery all over the planet. People have unsatisfactory general phrases and excerpts from the Bank’s information policy.
two information, participation and security
2 the right to know Since 1999, people living in the Slovakian town of Furthermore, the EIB approved the loan Ruzomberok have questioned plans for request despite the fact that several ongoing modernization and production increase at the legal proceedings submitted by affected local something smells Neusiedler SCP paper mill. The World Bank citizens concerning violations against their considered financing the project, but pulled out. rights to public participation had not yet been around here… In 2003, citizens were surprised when the settled. The local NGO has requested that SCP European Investment Bank (EIB) appeared on the increase production only under two european investment bank ignores scene with a 64 million Euro loan to the paper conditions: the installation of an air quality right to know mill. Their ignorance was understandable: the EIB monitoring system, and the undertaking of a friends of the earth slovakia disclosed information about the loan very late, serious analysis of the local health situation and only through its website rather than directly both before and after project implementation. to the public. The Ruzomberok case is one in a long list of The environmental pollution caused by the SCP EIB loans that have been made with neither plant in Ruzomberok is a main reason for the transparency nor public participation. town’s status as a highly polluted area. The town Ironically, the Bank itself portrays the project and surrounding areas are well known as a positive one, and had promised that throughout the Slovak Republic for the “significant environmental improvements” unbearable stench caused by the plant’s would result. emissions. In 1999, more than 3,000 inhabitants signed a petition against the company’s long- term pollution of their local environment. In spite of serious health problems in the town and © atila zilik © atila zilik © atila
foei | 35 3 the right to decide The principle of free, prior and informed are all required. This right has been consent requires securing the consensus of all instrumental in the stopping of illegal logging members of a group to a project within their by a Malaysian corporation in Papua New Even when sufficient information is provided area. The 1997 Indigenous Peoples Rights Act Guinea. about a particular project or plan, people, and in the Philippines, for example, requires prior particularly marginalized groups like In Nigeria, communities affected by the informed consent for corporate projects in indigenous people, people of color and proposed West African Gas Pipeline are asking ancestral lands and domains. In Papua New women, are not always allowed access to the Federal High Court to cancel the Guinea, it requires that communities confer decision-making channels. The right to decide Environmental Impact Assessment for the amongst themselves according to their is crucial to people’s self-determination, a project on the grounds that the companies did customary decision-making systems and fundamental principle in human rights law not consult communities as legally required. through their own representative institutions. that holds that people can “freely determine As the people living along the route of the Adequate time, a full and transparent their political status and freely pursue their pipeline will be most affected by the project, provision of information in appropriate forms economic, social and cultural development” they are asserting their rights to be involved in and languages, and the absence of duress, (UN International Covenant on Civil and the decision-making process and to intimidation, threat and negative incentives Political Rights). determine their own futures.
two information, participation and security
3 the right to decide
west african pipeline dragged before nigerian court
friends of the earth nigeria and friends of the earth united states
Smoke is from a three-week-old pipeline fire. Existing oil pipelines, which weave through villages, often catch fire due to poor maintenance
and vandalism. us foe © leslie fields,
36 | foei © leslie fields, foe us c disregard oftheenvironmental and livelihood Rights, andintotal of HumanandPeoples’ laws, incontravention oftheAfrican Charter for Nigerian respect implemented without stop theproject, whichthey claimisbeing to Nigeria,areof theEarth askingthecourt Nigeria. The petitioners, byFriends supported c aswelltheinvolved oil Environment challenged theFederal Ministryof African GasPipeline proposed West In March 2004,communities affected bythe oncerns oflocalcommunities. inLagos, ompanies inaFederal HighCourt shpn ocmlt h rjc by2005. – ishopingtocomplete theproject Beninoise deGazandSocieté Togolaise deGaz National Petroleum Corporation, Societé National Petroleum Corporation, theGhana c c c the the publichearings, onthegrounds that for theproject, including Assessment Impact tocanceltheEnvironmental asking thecourt are The communities involved inthelawsuit impacted. withthepeoplewhowillbe to ‘consult’ co ofoil theconsortium underway that is the project isonlynowthat decades ago, it the pipelinewas dreamed upmore thantwo before endinginGhana.Althoughtheideafor Nigeria andpassingthrough Beninand Togo long natural gaspipelineoriginating in Africa GasPipeline isa620-mile The West onsulting communities. – The oilconsortium maisddntfollow dueprocess by ompanies didnot omposed ofChevron, Shell,theNigerian rporations andthe World Bankhave decided www Bank Information Center: Oilwatch: F States: Oilwatch andFriends United the Earth of P more information: E alternative source for oilandgastotheMiddle Africa tobecome amajor help West will million pipelineasoneoftheprojects that Bush administration hastoutedtheUS$450 Ghanaian goldminingcorporations. The US thebeneficiarieswillbe isallegedthat it howthegaswillbeused,but questions about and Chevron have answered thepublic’s c Neither theinformation provided bythe onsortium normeetingswiththe onsortium World Bank riends of the Earth Nigeria: the Earth riends of ipe Dreams, Friends Nigeria, the Earth of s region inthenearfuture. ast .bicusa.org/africa/pppwgap.htm f [email protected] www .oilwatch.org www .eraction.org f oei | 37 3 38 celcor/friends of the earth papuanewguinea celcor/friends oftheearth r bulldozing rights to decide the right two L oad tonowhere inpapuanewguinea og barge on the FlyRiver og barge on in Papua NewGuinea. | foei information, andsecurity participation
© greenpeace/cole Lo
© scheltema/greenpeace the Kiunga-Aiambakproject. the area benefitedchildren of in gging operations have not the customarylandowners, meaningthat r resources proposal for theuseofforest ofloggingoperations. Any caused asaresult payments, andcompensation for any damages resources, proper royalty rights toforest f provides developed. The national Forestry Act c On paper, therights ofPapua NewGuinean r r However, asthecaseofKiunga-Aiambak interfere withpeople’s selfdetermination. unwanted developments donot ensure that resources, andlaws are inplaceto its forest of thecountry’s allof landarea andvirtually three percent By law, tribalgroups ownallbut New Guineanswholive inrural communities. ofPapua culture for thenearly80percent Fo or therecognition ofcustomarylandowners’ qie h readpirifre osn of equires thefree andpriorinformed consent espected whenprofitsespected standintheway. a rjc hw,lw r o always shows, laws are not oad project ommunities totheirforests are well r ests provide thebasisoflivelihood and rbr,trasadohrcrutpractices. bribery, threats andothercorrupt isoften obtainedthrough matters. Consent limited infrastructure complicate further r as legalinformation are andservices not P e vulnerable tothecompanies interested in P followed in are usuallynot informed consent However, therequirements for free andprior ontheirland. development toallowresource deciding whetherornot seek proper legalandtechnicaladvicebefore f information hastobeprovided intherelevant external pressure. Full pace without r their customarystructures, through theirown c orms andlanguages, andlandowners must peettv ntttos n ttheirown epresentative institutions, andat eadily available. Highilliteracy rates and ommunities are abletodecideaccording to xtracting natural resources from theirlands. ol fe antmake informed decisions eople often cannot apua NewGuinea,makingcommunities Lo emtta loe ttologan830-kilometer allowedit that permit c pay royalties tolandowners.In2001, the c inthe oneofthelargest Aiambak project e The company later received anillegal the loggingtoConcord Pacific. fo ofmany violations ofnational In thefirst Malaysian loggingcompany Concord Pacific. businessman closelyassociated with the individuals, aPNGnational andaMalaysian was ownedbytwo actually landowners, it c order tomake way for aroad. Althoughthe granted tothePaiso company toclearlogsin In1994,alicencewasAiambak road project. paper andrights inpractice istheKiunga- One caseoftheimbalancebetweenrights on shadowy road project ountry. It also skirted itslegalobligation to alsoskirted ountry. It maywsgatdytanotherillegal ompany was granted yet ompany was allegedlyheldbythe xtension toitslicense,makingtheKiunga-
© greenpeace © greenpeace gging operationsthe FlyRiver, on Papua NewGuinea. r estry laws, Paiso illegallysub-contracted W Kiunga-Aiambak area, lodgedaclaimwith the Guinea, representing 300landownersinthe In 2001,Friends Papua oftheEarth New with firearms byloggersandpolice. landowners hadbeenharassed andthreatened illegalities oftheproject, andverified that 2000. October The results confirmed the in ofthe project Bank released adamningaudit review appointed bythe World An independent of 5millioncubicmetres oflogs. c c address any ofthe didnot plan that action itself ofresponsibility, andrecommended an stopped. Inresponse, the World Bankabsolved the loanuntil illegallogginghadbeen the Banktowithholdsecond tranche of from the World Bank,andtheclaimcalledon hadbeengranted aloan Guinea government rio hog h oetandremove atotal orridor through theforest omplaints. orld Bank Inspection Panel.orld BankInspection The Papua New
© scheltema/greenpeace difficult. Icryfor my village.” bush. NowAiambakisvery different, life isvery eve had sago, pigs, cassowariestrees andbig we “Now whenIseemy bush,Icry.the past In Jerry Iawe,Aiambakvillager. yhr.W sdtaiinlpitfromthe rywhere. Wetraditional used paint _aiambak_road.php www Greenpeace Australia Pacific: www F more information: livelihoods. seeking compensation for theirlandand Kiunga-Aiambak are however, stillincourt, r of thelandownersandordered allloggingand ruledinfavor In July2003,thenational court Aiambak for three days. oflogsfrom Kiunga- blocked theexport of illegal logs.In2002,Greenpeace activists thetransport toprevent action direct out Meanwhile, NGOsandlocalgroups carried oad construction tobehalted. The peopleof riends of the Earth Papuathe Earth riends of NewGuinea: .paradiseforest.org/paradise_lost/kiunga .celcor.org.pg f oei | 39 4 the right to resist “Everyone has the right to freedom of opinion as several of the cases in this publication and expression; this right includes freedom to show. Here, Juan Almendares from Friends of hold opinion without interference and to seek, the Earth Honduras offers a personal When people’s environments and human receive and impart information through any testimony about how his rights have been rights are threatened, they have the right to media and regardless of frontiers,” and Article threatened throughout his life for defending safely express their discontent through 3 maintains that: “Everyone has the right to human rights and environmental justice. The protest. The right to freedom of opinion and life, liberty and security of person.” Quichua people of Ecuador have also suffered expression is a well-established civil and from grave rights violations during their political right in both national and Nonetheless, environmental and human resistance against the oil companies that have international law, and is fundamental to the rights activists all over the world are often invaded their territories with the backing of concept of democracy and the respect of denied these rights when their ideas and the state. human dignity. Article 19 of the Universal actions conflict with the status quo. Their lives Declaration of Human Rights states that: may be put at risk when they offer resistance,
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4 the right to resist “First of all, I consider myself as belonging to I was born and raised in an environment of the people of Honduras and to humankind poverty and violence, where alcoholism and with all the rights that brings. They say we were prostitution flourished. When I was six years poverty, violence ‘discovered’ more than 500 years ago, but the old, the government ordered the reality is that we had already discovered schoolteachers to make us witness the and environmental ourselves. For in the veins of my people runs a execution of a prisoner. I still remember the rainbow of blood: the indigenous peoples of trauma of seeing how they blew out the justice Honduras, the Mayas, Chorties, Lencas, Pech, brains of this man who had been deprived of Tawakas, Misquitos, Nahuales, Tolupanes and his freedom. When I was eight, someone was a testimony by juan almendares Garifunas, and the English speakers of African commissioned to assassinate my father in friends of the earth honduras descent, mixed with the Spanish, Latin order to take away a piece of his land, and I Americans, English, German, French, Italians, saw him almost decapitated. As a child I saw Arabs, Jews, Asians and other families from campesinos at the United Fruit Company kill different parts of the globe. each other with machetes while under the effect of alcohol, and I saw soldiers assassinate the campesinos.
40 | foei American, European, Third andFourth Worlds. solidarity ofmy compatriots intheNorth c people, andfor my anti-imperialist environmental justice,for helpingpoor Ce people whoopposedthewars in Vietnam, American the generosity ofthoseNorth toknowthesolidarityand Ialsogot flesh, but theracism inmy living States, where Ifelt ofmy studiesintheUnited Ididpart North. I was educated withideasborrowed from the my I have beencondemned bydeath squadsin from indigenouspeopleandcampesinas. to beahealer, andhowtousemedicinalplants scientific Iamlearning withpopularknowledge. whocombines andphysiologist I amadoctor c imperialism andthebeautifulsolidarity differentiate betweenthemanagersof onscience of the people. onscience ofthepeople. onscience. Iamstillaliveonscience. thanks tothe © foei nt
c r ountry for defending humanrights and al AmericaandIraq. Ihave learnedto Pa c impoverished countries inLatin Americadueto isoneofthemost the sametimeit culture, biodiversity andmineral resources. At Honduras country, isamulti-ethnic richin history ofhonduras a short 2002, and370in2003(HouseAlliance,2003). 549minorswere killedin estimated that is It squads inapolicyofsocialcleansing. and they are assassinated dailybydeath people are thecauseofviolenceinHonduras, children andyoung promotion oftheideathat increased. Parallel tothishasbeena police andmilitarysecurityexpenses have e This hasledtodiminishedwelfare ideology. andmilitarist authoritarian, fascist The government’s policiesare basedonan r f c trade agreements withtheUSandother cultural andmilitary occupation aswell c ofthe parts cyanideartificial lakes indifferent mininghascreated production, andopen-cut a third ofthelandavailable for agricultural dioxins. The miningindustryoccupiesalmost withthepesticidesand destroyed theforest Banana monoculture crops have floodedand from us. the water, theairandforest tobacco companies. Wood have exports stolen economic occupation bybanana,miningand history, Honduras hasbeenunder Throughout ideology, politicsandthemilitary. our resources hasalways beenaccompanied by the economic occupation andexpropriation of the domination andhumiliation ofourpeople, of ourhistory, theimpositionofreligion through r culture. The crushingofourlanguages, the e f ora‘country are considered a‘bananarepublic’ Latin America.Intheinternational sphere we malnourishedin and isstilloneofthemost or sale’. For centuries wehave beenoccupied, epression ofourcultural expression, thedenial or more thanthe80%ofpopulation. esisting violence ountries, economic inequalitymeanspoverty olonial andpost-colonial plunder. ountry. Duetotheeconomic, political, victed andexiledvicted from thelandandfrom our xpenditures inhealthandeducation while r adoxically, it is a nation that exports food exports isanation that adoxically, it ifrn cultures become areality.” different theunitingof andlet and MotherEarth, become alove poemtohumanity our fight environmental justiceand human rights. Let Lo environmental justice. linked theviolation ofhumanrights iswith The caseofHonduras shows howdeeply theirentire lives. 500 soldierswilllast thenightmare oftheterror generated by that cared for thechildren’s injuries, Icould see and causedthree womentomiscarry. AsI alsoburnedchildren onlymadeuscrybut not of more than200canistersofteargas, which by militarytractors. Iwitnessedthedischarge hectares ofmaize andbeanswere destroyed government, more than100housesand200 banana company andincooperation withthe health center. Inthe1990s, byorder ofthe T upthevillageof Banana company andset abandoned byabranch oftheChiquita Half acentury ago, families settledtheland paramilitary forces andissueddeath threats. with, andourmembersassaultedby telephones andelectronic systemsinterfered the computers damagedandstolen,the To I currently runtheCenter for thePrevention of unpunished. assassinated, andthecrimesremain indigenous andblackleadershave been twelve years, more than48 the last beheaded for defending hispeople’s land.In leaderoftheSanJuantribe,was Martinez, campesinos andnative organizations. Teodoro c A companies. predominantly bywoodexport were destroyed between1994and2001, An estimated 2.3millionhectares offorest ompanies have beenaccusedofattacks on acamiche withchurches, schoolsanda gents contracted bythesemultinational r ve ture, andthepremises have beenraided,
and solidaritycanbuildpeace, f oei | 41 human rights and in this specific case, the collective rights of the indigenous peoples.” their sphere of activity and influence” In March 2004, the Head of the Armed Forces un human rights refrain from activities that directly or Joint Command entered Sarayaku’s central indirectly violate human rights, as well as to village area accompanied by heavily armed norms under attack actively promote and protect these rights. military police and army officials in order to by business Although the Norms do not have the status intimidate the local people. of a formal UN treaty, the proposal moves In July 2004, a ruling by the Inter-American corporate europe observatory beyond pure voluntarism and includes the Court of Human Rights ordered the Ecuadorian creation of a new implementation state to “guarantee the life and personal mechanism. The text suggests that “From a Shell perspective, we don’t find the integrity of the members of the Sarayaku breaches in the Norms can result in Norms helpful.” Robin Aram, Shell’s Vice President community and their defenders, as well as the compensation to the victims. While the of External Relations and Policy Development, 2004. right of free movement of the members of enforcement mechanism is still only a Sarayaku”. Just a few days earlier, the United In 2003, the UN Commission on Human Rights proposal, this is what has caused the most Nations Committee on Economic, Social and (UNCHR) put forth a proposal for Norms on outrage among business lobby groups. Cultural Rights had expressed concern “that Business and Human Rights. If approved next year, As Stefano Bertasi from the ICC explains: “We natural extracting concessions have been the Norms will make the human rights obligations see them [the Norms] as conflicting with the granted to international companies without of transnational corporations explicit, and suggest approach taken by other parts of the UN that the full consent of the concerned further steps towards corporate accountability. seek to promote voluntary initiatives.”The ICC communities” as well as about “the negative In response, corporate lobby groups such as the greatly prefers the UN’s Global Compact, health and environmental impacts of natural International Chamber of Commerce (ICC) which it helped to prepare. The Compact resource extracting companies’ activities at launched a fierce counter-campaign aiming to kill states nine very general principles concerning the expense of the exercise of land and culture off the proposal, with self-proclaimed corporate human rights, labor and environment to rights of the affected indigenous communities social responsibility pioneer Shell in a leading role. which companies can sign on, but lacks any and the equilibrium of the ecosystem.” The US and the UK governments have also meaningful monitoring or enforcement Although the ruling and the UN statements adopted hostile positions towards the Norms. system. The failure of the Compact to prevent appear to be significant developments for rights abuses by corporations is now The Norms, a compilation of the social, becoming increasingly apparent. economic and environmental obligations for transnational corporations, was drafted by a more information: Shell Leads International Business Campaign Against respected body of 26 human rights experts from Quichua house. around the world. While confirming that states UN Human Rights Norms, Corporate Europe have the main responsibility to protect human Observatory: www.corporateeurope.org/norms.html rights, the Norms also oblige business to “within © www.sarayaku.com
two information, participation and security
4 the right to resist Sarayaku, which means “river of maize”, is indigenous peoples both within Ecuador and home to some 1,000 people who live amidst globally, the Quichua are not ready to let 135,000 hectares of pristine forest in the down their guard. Even with the world’s eyes blood and oil in the Ecuadorian Amazon. However, oil flows under upon them, their people continue to suffer the territory of the Quichua people, and as a from aggressions as well as repeated public ecuadorian amazon result their lives and livelihoods are threats by the Ecuadorian authorities to increasingly under threat from transnational militarize their territory in order to allow the quichua rights upheld by inter-american court corporations and the Ecuadorian government. Argentinean oil company CGC to take control of their lands and livelihoods. This case may be In December 2003, a group of people from only the beginning: in July 2004, the oil-thirsty Sarayaku on their way to a peaceful Ecuadorian government declared a “total demonstration in protest of oil activities opening” of the southern Ecuadorian Amazon Sarayacu President Franco Viteri explains the position of within their territory were viciously attacked the community to a military commander. for the oil industry. by aggressors. Shortly afterwards, the Inter- American Commission on Human Rights more information: extended the Precautionary Measures it had www.sarayaku.com previously granted in favor of Sarayaku for an additional six months. Quichua legal counsel Jose Serrano observed that “the extension of the precautionary measures … serves to call attention to the Ecuadorian government's severe and systematic practice of violating © www.sarayaku.com
42 | foei 1. rights for environmental refugees 2. right to claim ecological debt 3. right to environmental justice
part three | redress © elaine gilligan, foe ewni © elaine gilligan, foe
Children watching Shell gas flare.
foei | 43 rights for 1 environmental refugees few mechanisms to accommodate these In China, the Three Gorges Dam will people, who lose their livelihoods, their ultimately displace nearly 2 million people as cultures and their dignity when forced from its reservoir fills, and the land and The number of environmental refugees their homelands. Friends of the Earth employment promised to the resulting around the world today is as high as 25 International believes that the concept of environmental refugees has not materialized. million, according to the International Red human rights must be broadened in order for Friends of the Earth Australia is campaigning Cross, and is increasing exponentially. new and evolving issues to be recognized and for the recognition of the rights of the Environmental refugees are forced from their protected, including the phenomenon of inhabitants of the Pacific Island states, whose homes by phenomena including large dams, climate refugees. homelands face submergence with increasing desertification, forest destruction, and most global climate change. recently, climate change. To date there exist
three redress
rights for environmental 1 refugees “To struggle against the heavens is endless “If we only had one free newspaper in China, joy. To struggle against the earth is endless joy. the Three Gorges Project would not go ahead,” To struggle against people is endless joy,” the noted dissident journalist Dai Qing often damning human Chinese Communist Party Chairman Mao remarked. After all opposition was squashed Zedong once famously exclaimed. The Three in the 1989 Tiananmen massacre, rights at china’s Gorges Project on the Yangtze River is marked conservative government factions bulldozed by this outdated contempt for the the project through a skeptical state three gorges environment and human rights. The apparatus. gargantuan dam project will create a reservoir When criticism could no longer be safely peter bosshard, international rivers network with a length of more than 600 kilometers expressed in China, International Rivers and produce as much power as 15 large Network (IRN) and other environmental nuclear reactors combined. It will displace up groups called on foreign governments and to 1.9 million people, destroy invaluable financial institutions not to support the Three archeological treasures, and turn the Yangtze Gorges project. The World Bank and the US Ex- River into a toxic waste dump. Im Bank both decided to stay away, but the governments of Germany, Switzerland, Sweden, Canada, France and Brazil approved official export credits of more than US$1.5 billion for the scheme so that their companies The door of this house is marked with the Chinese would get large contracts. character “chai”, meaning that it will be submerged with the filling of the Three Gorges Reservoir. © ben sandler
44 | foei international human rights norms, andfor program complied with and itsresettlement theproject funding thedamtoensure that organizations, calledonthegovernments IRN by105other In alettersupported concludes. abuses”, theinvestigative report of r hasbecome “an instrument project withheavy repression. The Three Gorges met provisions was being inadequate resettlement the pockets, andany oppositionagainst intobeing diverted otherprojects andprivate av promised tothedisplacedresidents were not r human rights oftheproject. The impacts researcher toinvestigate the independent commissioned an filled.In2003,IRN partly c Dam construction hasmeanwhilebeen r epression andenvironmental refugees epression withwidespread humanrights sace on htthelandandjobs esearcher found that ompleted, andthe Three Gorges reservoir is © ben sandler ailable, compensation fundswere routinely hog hi novmn they canimprove through theirinvolvement destructive damprojects byclaimingthat for Governments often theirsupport justify rights violations whenshevisitedChina. S itsowninvestigation, andthe carried out and concerns. OnlytheSwiss government bother togive any response tothecriticism westerngovernments didnot rumors”. Most investigation gossipand “recklessly distorting calledthefindingsof government In arare publiccomment, theChinese Geneva in2003. Commissionto theUN onHumanRights in presentedInternational, thesedemands IRN Rights inChinaandFriends oftheEarth briefingwithHuman agencies. Inajoint credit human rights guidelinesfor theirexport governments draw upstrict proposed that NGOsalso these standards were met. c ntuto ciiist eptonholduntil tobeput activities onstruction wiss foreign minister raised thehuman www International RiversNetwork: Three Gorges, Human Rights DammedOff at more information: suchclaimsare emptypromises. that the Three Gorges Damhave demonstrated fund governments that their inactivity, most underquestion. By standards oftheproject the environmental and human rights © ben sandler .irn.org/programs/threeg/3gcolor.pdf f oei | 45 1 46 friends of the earth australiafriends oftheearth pacific nations r and climate global warming r environmental rights for three © foe australia efugees efugees inthe | foei r edress C apublicmeetingin speaking at Tu anberra, Australia. v la ciitSiuila Toloa aluan activist played withthefate ofPacific Islanders. gas emissionsagameofroulette isbeing minorreductions inglobalgreenhouse about theworlddebates of humanrights, andwhilst fundamental to exist. This isoneofthemost the sovereign rights oflow-lying islandnations theworldplaceson challenges thevalue that obliteration of Tuvalu inthecoming decades human health. The potential complete f arethese people,andimpacts already being change andsealevel riseare seriousthreats for make theirhomelandsuninhabitable.Climate c of the22smallPacific Islandstates have a The approximately seven millioninhabitants l onfood andwater securityaswell elt mo ocr:ta climate changewill ommon concern: that and economic. and economic. alsosocial,cultural simply environmental, but c uninhabitable inthenearfuture. Clearly, the the potential torender somenations infrastructure, food andwater security, have ofextremeas theimpacts weather events on is already beingexperienced in Tuvalu, aswell hightide,which Guinea. Increased floodingat theentire infrastructure ofNiuenearPapua New destroyed almost 2004 that r increase incyclone frequency andseverity in Islands have beenravaged byasteady climate However change. allofthePacific vulnerable nations to one oftheworld’s most level, hasgainedinternational recognition as are anaverage ofonly2.5metersabove sea The Pacific nation of Tuvalu, where theatolls cn years, suchasCyclone HetainJanuary ecent onsequences ofclimate changeare not © foe ewni Yet if current modelling and trends are correct, customs. Tuvaluans are heavily dependent on even these rather daunting numbers are their immediate ecological surroundings for dwarfed by what seems to be possible in the their subsistence. They have noticed a marked near future. One expert on the topic of climate decrease in their traditional crops due to refugees, Norman Myers of Oxford University, saltwater intrusion, and marine resource says that there could be 150 million harvests have also declined. The resulting environmental refugees on the move within reliance on imported, processed foods, which in 50 years, including up to 1 million in the turn are associated with lifestyle diseases such Pacific. Other researchers have suggested as hypertension and diabetes, threatens both higher figures, with some estimates reaching food security and health. 400 million displaced people by the middle of this century. These people are not currently sovereignty concerns recognized by the United Nations High Commissioner for Refugees (UNHCR), and are Samoan environmental activist Fiu Mataese thus not afforded any particular protection or Elisara has highlighted the fact that all Pacific support once they become displaced. nations have the right to exist as sovereign nations on traditional lands rather than being forced from their lands by global warming. expanding rights This right is enshrined in Article 15 of the While the definition enshrined in the Universal Declaration of Human Rights, Universal Declaration on Human Rights whereby all peoples have the right to a remains a vital benchmark in ensuring the nationality. basic dignity of all peoples, the concept of What does it imply for sovereignty if nations human rights must be expanded to include lose all or some of their lands and territorial new and evolving issues in the 21st century. waters to climate change? While one group of These include recognition of the concept of Tuvaluans has developed plans to purchase an ecological debt and the carbon debt owed by island off Fiji to relocate to, what will happen the over-consuming North to the rest of the to their sovereign rights once they relinquish world. In practical terms, this will mean the their traditional lands? It is standard practice recognition of the phenomenon of climate for refugees to be ‘incorporated’ into the refugees by national governments and citizenship of recipient countries where they entities such as the UNHCR. settle permanently. But it can be argued that While the North will need to work with affected we are facing an unprecedented situation communities in the South (through where entire nations may be lost. Many
Climate change also brings up two new and acknowledgement of the ecological debt, aspects of national and international law will immediate rights concerns: What happens to increased and new forms of foreign aid and the need to be tested and adapted in coming people who are displaced by global warming? transfer of appropriate and sustainable years to deal with this problem. And what happens to the sovereign status of technologies), the ultimate form of ‘adaptation’ As Siuila notes, “Most developments in nations that need to be abandoned? As more to global warming will be the recognition of developed countries are undertaken at the and more people find their homelands climate refugees. While there is a growing cost of the environment”, and in the case of uninhabitable, many will need to flee, awareness that this should be a last resort climate change the impacts will largely be felt becoming ‘ecologically displaced people’. measure, that is, an option for when all attempts by southern communities. National decisions to adapt to changed local conditions have failed, that relate to development models, considerable forward planning will be required the social dimensions of climate change infrastructure and energy thus all have an to put structures in place to assist people to inherent human rights dimension to be While the concept of environmental refugees move should global warming make their current considered. Siuila’s words are also a timely is not new (the term has been in use since the existence untenable. In this sense, New Zealand/ reminder that a reduction in natural resource late 1940s), climate refugees are an emerging Aotearoa should be acknowledged for the consumption in the North must take place in phenomenon. In its World Disasters Report migration program it has negotiated with order to prevent the loss of sovereignty by 2001, the International Red Cross suggested Tuvalu, which will allow the majority of the small island states and other extremely that 25 million people (up to 58% of the Tuvaluan population to relocate to New Zealand vulnerable southern nations. world’s existing refugees) may be in a staged programme in coming years. environmental refugees. These people are more information: As noted by Tuvaluan activist Siuila Toloa, when fleeing a multitude of disruptions, and, it Friends of the Earth Australia: climate change forces the movement of people appears, global warming is one of them. www.foe.org.au/climate as refugees, there is the potential that countries www.foe.org.au/population will lose their sovereignty and traditional
foei | 47 right to claim 2 ecological debt Earth International is calling for the Development Bank to provide compensation recognition and repayment of the ecological and remediation for the environmental and debt – the cumulative results of decades of social disruption caused by the Yacyretá mega For decades, northern countries have helped resource plundering, destroyed biodiversity, dam. On the opposite side of the world, themselves to the natural riches of Latin environmental damage, waste dumping and Friends of the Earth Scotland is building America, Asia and Africa in order to fuel an climate change – owed by industrialized alliances between Scottish and southern unsustainable economic growth. The countries to the people of the South. communities in order to address the exploitation of forests, biodiversity, minerals, repayment of the ecological debt. oil and traditional knowledge has left Affected communities and Friends of the environmental destruction and social and Earth in Paraguay and Argentina are calling cultural upheaval in its wake. Friends of the upon the World Bank and Inter-American
three redress
right to claim 2 ecological debt As one of the first countries to industrialize, Friends of the Earth has designed a popular Scotland has accumulated an ecological debt. education program for community groups In response, Friends of the Earth is building focusing on ecological debt, which has proven scots address solidarity between communities in Scotland to be a useful concept for expanding people’s and communities in southern countries in understanding of the environment, poverty ecological debt order to address the repayment of the country’s and debt issues. It raises questions about a ecological debt. Rather than calculating a worldview dominated by a free market friends of the earth scotland financial cost, they are looking at other ways to perspective, adds weight to the argument for address this debt – by targeting exploitative debt cancellation for Third World countries, multinational companies, by supporting local and draws attention to the responsibilities of struggles in different parts of the world, by the North towards the South. reducing resource dependence and by more information: supporting refugees in Scotland, for example. Friends of the Earth Scotland: www.foe-scotland.org.uk/inter/ecodebt.html © kees kodde, foe netherlands foe kodde, © kees
48 | foei 2 friends of the earth paraguayfriends oftheearth ofyacyretáimpacts mega-dam c submerged rights r ecological debt to claim right three
ommunities seekcompensation for © foe paraguay eclaiming r edress
© foe paraguay with strong institutionalresistance. in thedecisionmakingprocess have beenmet power. Attempts bycivil society toparticipate disputes, politicalinstabilityandabuseof been plaguedwithdelays, corruption, has Bank.Ever since,theproject Development the World Bank andInter-American Pa the Paraná River, joiningArgentina and C environments. e c to Argentina are currently claimingtheright dams. Affected communities inParaguay and and socialrights violations causedbylarge and astrikingexample oftheenvironmental c Y ‘Dams andDevelopment’, 2000. W million people.” between 40and80 rivers anddisplaced fragmented the world’s “Large damshave omplex hydroelectric projects intheworld, ompensation andremediation for the crt soeo h ags andmost acyretá isoneofthelargest xtensive damagedonetotheirlives and onstruction ofthe67-kilometreonstruction damacross orld Commission onDamsFinal Report, r aguay, beganin1983withfundingfrom quality oflife ofaffected people. r governments tocreate a‘remedy and international financialinstitutionsand r sustainableagriculture andto implement wa ofprograms torestore development c inaffected damages, andreinvestment mechanismtofinance c payment debt dam. They propose theimplementation ofa have beencausedbythe the damagesthat Y F beenissued. yet on thissecond claimhave not oftheinvestigationsbank policies;thereports claim highlighting theongoingviolations of c credible hasbeentaken. action In2002,alocal todate, no by violation ofbankpolicies. Yet immediate toremedy action theharmcaused panelsrecommended inspection independent investigated. ofthetwo The reports policiesinrelation tothedambe banks’ theviolations ofboth Bank, requesting that Bank andtheInter-American Development c F environmental andqualityoflife. In1996, rights toproperty, health,livelihood, housing, c of The enormoussocialimpacts Yacyretá claiming reparations 57,000additionalpeople. least displace at meters above sealevel, whichwilllikely to raise thereservoir level from 76to83 make matters worse,thegovernments intend lasting legacyofpoverty andsuffering. To of thousandsaffected families, creating a thebasicneeds programs have failed tomeet E f supplies andexposed thousandsofpoorurban surface water flows have contaminated water r thousands offamilies beinginvoluntarily c onindigenous, rural andurban project populated urbanareas. ofthe The impacts v 1994 inundated uniquenatural ecosystems, created whenthereservoir filledin was partially was lakeThe 110,000-hectare that artificial amilies toincreased riskofwater-borne disease. elocated. Risinggroundwater levels andaltered einvigorate townsandcities. They alsowant ivsmn ud inorder torestore the fund’ einvestment ommunities presented aclaimtothe World onstitute agrave violation ofbasichuman ommunities have beenenormous, with ommunity organization presented anew acyretá Binational Entity tocompensate for aluable agricultural landanddensely riends of the Earth Paraguayriends oftheEarth iscallingfor the Paraguayriends oftheEarth andaffected ommunities. They are callingfor the ompensation, themitigation ofpast xisting compensation andresettlement tersheds andkey ecosystems, to f oei | 49 right to 3 environmental justice In an attempt to draw attention to Climate justice is an emerging demand due to environmental discrimination, Friends of the the increasing human rights violations Earth Scotland provides support and training associated with climate change. It will be the Around the world, the most marginalized for environmental justice activists all over the earth’s most marginalized people who will be the people are very often the targets of country. One manifestation of environmental hardest hit by global climate change, despite the environmental injustices. Companies do injustice is environmental racism, which historic contribution of the rich nations to this business so as to avoid liability for their disproportionately targets and harms the pending catastrophe. Friends of the Earth activities, and the absence of environmental environment, quality of life and security of International’s Climate Justice Project is and social regulations has allowed many communities, workers and individuals based supporting communities in the Niger Delta corporate crimes to go unpunished. With on race, class, gender, caste, ethnicity and/or whose livelihoods are being spoiled by polluting meaningful means of redress, communities national origin. In the United States, oil companies. Friends of the Earth United States would be able to right corporate wrongs in communities of color and indigenous peoples and climate victims in that country are suing the national courts, through international bear the brunt of pollution due to deliberate US government for failing to address global mechanisms and with the establishment of corporate and government policies. warming, and Friends of the Earth Nepal is home country liability for corporations that working with Himalayan communities misbehave abroad. threatened by melting glacial lakes.
three redress
right to 3 environmental justice In the United States, research has clearly For years, the most notorious polluter in West demonstrated that African American, Dallas, Texas was a lead smelter that was indigenous and other communities of color operated from 1934-84 by the RSR environmental bear a disproportionate burden of the Corporation. Between 1950 and 1952, the city pollution in their areas. It is well documented government resettled 19,000 residents to a justice movement that race—not income, education, property segregated section of an industrial zone “as an value or other indicators—is the single most Area to be occupied primarily by Negroes” west dallas, united states determinative factor in the siting of toxic (West Dallas Neighborhood Development and now the world facilities, as well as in lax environmental Corporation). West Dallas was also designated friends of the earth united states enforcement. According to the National Black as a neighborhood for Mexican immigrants Environmental Justice Network, people of and Mexican-Americans. The RSR smelter’s color communities are at greater risk of byproducts – battery chips, lead slag, and pea suffering from environmentally-related health gravel – were deposited in piles in the disorders than are residents of predominantly neighborhood. These piles were utilized as fill white communities. for driveways and house lots, and children grew up playing in them.
Every night there were emissions of lead flue dust, cadmium, zinc, and arsine gas. The heavy metals dispersed as a fine mist of particulate matter over the neighborhoods, and settled on homes, land and vegetation. West Dallas Young people from California march for was also home to four petrochemical environmental justice. © literacy for environmental for © literacy justice, california
50 | foei Environmental racism goes hand-in-hand with economic globalization, with poorly regulated, polluting companies operating in developing countries like Nigeria. © elaine gilligan, foe ewni © elaine gilligan, foe
refineries, storage facilities and open-air bringing together over 1000 people. Eleven Governments must ensure that their policies lagoons; four chemical manufacturing years later, another Summit was convened and practices adhere to the ‘polluter pays’ and companies; six mining companies and and attendees flocked from around the world; precautionary principles as outlined in the Rio quarries; and two cement companies and in the intervening years networks were Declaration. Global corporate hegemony must kilns. Completing this toxic district were two created, policies and laws were enacted, be challenged on every level: locally, tank and boiler works, and a number of setbacks and a conservative backlash were nationally, regionally and internationally so foundries, metal and machine shops, solid weathered, and the environmental justice that corporate rights do not supersede town waste dumps and landfills. movement grew and grew. councils, national parliaments, congresses and international treaties. No less than the future The environmental justice movement, as it of the global environment, nations’ a movement is born originated and gelled in the US in the 1980s sovereignty, and the democratic freedoms and and 90s, became a global phenomenon Activists in West Dallas spent sixteen years human rights of all peoples are at stake. mobilizing the poor, people of color and getting the smelter closed, and another minority groups around the world. more information: sixteen years advocating for the cleanup. The Globalization is exacerbating environmental Friends of the Earth United States: awakening of West Dallas citizens to the racism, as transnational companies relocate www.foe.org pollution and incumbent health, social and their facilities to countries with cheaper labor Southwest Organizing Project: www.swop.net economic disorders occurred – as with many and weaker or unenforced environmental other communities around the US – with the standards. The relocated facilities are often advent of the environmental justice sited in communities of color. movement. The United Church of Christ’s Commission on Racial Justice convened the first National People of Color Summit in 1991,
foei | 51 with other organizations, US states and cities, and affected individuals in these cases.
friends of the earth The first European climate change case began in the Berlin courts in June 2004, with a seeks climate challenge to the German government’s secrecy over the fossil fuel projects supported justice by its export credit agency (see page 32).
friends of the earth international Meanwhile, a petition to the Inter-American Commission on Human Rights against the Friends of the Earth International hosts the United States is being developed by the Inuit of Climate Justice Programme, launched in 2003. Canada for violations of their human rights due Dozens of organizations and lawyers have to climate change, including their rights to collaborated to support law enforcement property, culture and subsistence around the world to combat climate change (www.climatelaw.org/media/inuit). and associated human rights abuses. This new A 2004 Friends of the Earth International and dramatic response to climate change gives publication about ExxonMobil’s contribution to people the ability to use legal rights to seek climate change (www.climatelaw.org/ redress, to protect their lives and livelihoods, media/exxon.contribution) has shown that we and to send a clear message that they are not can work out how major companies around the passive victims but players on the political world have fueled global warming. This kind of stage whose concerns must be respected. analysis will help cases aimed at establishing Legal challenges are underway in the United climate change liability against corporations. States against the Bush administration’s export credit bodies for not taking climate
change into account when providing financial Shareholders outside the support for fossil fuel projects and its 2004 Shell AGM in London are urged by Friends of the Environmental Protection Agency for rejecting Earth to read all about its power under the Clean Air Act to regulate how the company is damaging communities global warming emissions and the environment in (www.climatelaw.org/media/states.challenge the Other Shell Report (www.foe.co.uk). .bush). Friends of the Earth is collaborating © balthazar serreau
three redress
right to 3 environmental justice In 1999, Friends of the Earth Scotland adopted The first twelve agents were awarded environmental justice as its campaign priority, Certificates in Environmental Justice by combining the objectives of support for local Queen Margaret University College as a result agents for communities with the global goal of cutting of the project, and a new group is currently over-consumption. Their call for local, global being educated. and intergenerational equality can be environmental Through the resulting social action, the summed up with the slogan: “No less than a project improves the environment for decent environment for all; no more than our justice communities throughout Scotland. This is fair share of the earth’s resources.” obviously important for Friends of the Earth, friends of the earth scotland The group’s Agents for Environmental Justice as the interests and struggles of local project provides popular education, support communities and workers are incorporated and training for community activists fighting into their campaign priorities and ultimately for environmental justice. The agents are contribute to the group’s overall drawn from urban, rural, semi-urban, trade environmental goals. union and minority ethnic communities, more information: where they are involved in struggles against Friends of the Earth Scotland: open-cast mines, road developments, www.foe-scotland.org.uk/nation/ej.html quarries, fish farms, and GM crops, as well as substandard housing, black and refugee issues, alternative economic development and sustainable waste management. © foe scotland
52 | foei 3 c US corporations for overseas projects that provide financingandloansto agencies that ( Corporation the Overseas Private Investment Bank(Ex-Im) and Import agencies –theExport twoUSgovernment was filedagainst The suit citizens whoare ofglobalwarming. victims inSan Fr Court intheUSDistrict lawsuit C Greenpeace andthecitiesofBoulder, In 2002,Friends UnitedStates, oftheEarth contributeto climate change. projectsthat abroad funddestructive that agencies USgovernment hasbeenfiledagainst A lawsuit friends of the earth unitedstates friends oftheearth filesuit victims us climate environmental justice to right OPIC). Ex-Im andOPICare taxpayer-funded three ommercial banks deemtoorisky. olorado andOakland,California fileda © era/foe nigeria ancisco onbehalfoftheirmembersand r edress global warming. global warming. their programs andfossil fuelprojects to have refused toreview the contribution of according tothecomplaint, OPICand Ex-Im onthehuman environment; however, effect project-specific decisionshaving asignificant ofprograms and environmental assessment r (NEPA). NEPA Environmental Policy Act under key provisions oftheNational asrequired ontheUSenvironment impact their contribution toglobalwarming andtheir ov oil fields, pipelinesandcoal-fired powerplants US$32 billioninfinancingandinsurance for OPICandEx-Im illegallyprovided over that ofitskind–alleges –thefirst This legalaction qie l eea gnist odc an equires allfederal agenciestoconduct rteps e er ihu assessing tenyears without er thepast land willbedevastated.” incomethe value and ofour maples, we have nofarm change—if we have no climate “We’re nervous about Arthur andAnneBerndt. Arthur Ve ClimateLawsuit.org: www Climate JusticeProgramme: more information: bleaching from risingoceantemperatures. analarmingrate dueto disappearing at a lifetime studyingandenjoyingare jeopardy becausethecoral reefs hehasspent whoselife’s workisin marine biologist maple trees disappearfrom thearea; anda who believe theirbusinesswillberuined as sea level; maplesyrupproducers in Vermont tostormsurges, erosion andtherising be lost c Carolina includeaNorth involved inthesuit F ouple who fear their retirement property will property ouple whofear theirretirement riends of the Earth andGreenpeaceriends oftheEarth members mn maplesugarfarmers rmont .climatelaw.org www .climatelawsuit.org f oei | 53 Shell oil spill at Rukpoku. © elaine gilligan, foe ewni © elaine gilligan, foe
three redress
right to 3 environmental justice If you’ve ever wondered what Dante’s inferno no reason to flare might feel like, take a trip to Shell Nigeria’s gas First, they are an appalling waste. In the rest of flare at Rumuekpe in the Niger Delta. Or the world, almost all gas separated off from perhaps to the two Shell flares at the climate change the crude oil with which it is mixed is used by Umuebulu community along the Aba Road domestic or industrial customers, or re- just outside Port Harcourt. Or to the scores and environmental injected – in western Europe the figure is 99 more operated by Shell, ExxonMobil, percent. racism in the ChevronTexaco, Agip and TotalFinaElf in Africa’s most populated country. You’ll never Second, they harm the people who live near niger delta be the same. them, as well as their environment. Imagine the psychological effect of living with such These monstrosities, which rage 24 hours per peter roderick, climate justice programme noise and intense heat every day and night. day and seven days per week, would never be Little grows close to gas flares, and they accepted in a white community, and are as typically contain several toxic substances, good an example of environmental racism as such as benzene, a proven carcinogen. you’ll find anywhere. Even the World Bank has Villagers complain of acid rain corroding their described them as “the most striking example roofs. Small wonder that the main Shell of environmental neglect” in the country. residential camp with its barbed wire There are at least three powerful reasons why perimeter fences is located down the Aba they must stop. Road far from its Umuebulu flares beside which the local poor live. © elaine gilligan, foe ewni © elaine gilligan, foe
54 | foei Woman tending her plot at Shell gas flare site, Rumuekpe.
“The main beneficiaries of the oil sector are foreign oil companies and the Nigerian government. As yet, there has been very little direct impact of oil and gas production on the lives of Nigeria’s poor.”
World Bank, 2002. © elaine gilligan, foe ewni © elaine gilligan, foe
Third, they are a significant contributor to Add to these arguments the facts that the first But the story is not one of total darkness. climate change. Flaring natural gas causes Nigerian legislation relating to use of this gas Rumuekpe villagers successfully “fought and emissions of both carbon dioxide and dates back to 1969, that general flaring has fought” Shell, says Mr Chukwunenye Esevi, to methane, two of the most important been illegal since 1984, and that Nigerian install a borehole for fresh water. Even though greenhouse gases. Precise estimates of the citizens have legally enforceable rights to life, absolute flaring amounts have increased, the amounts of gas flared are notoriously difficult dignity and to live in a satisfactory percentage of Nigerian flaring is reported to to come by, and there is no worldwide environment, and the obvious question is: have reduced recently. There is some proof database. One World Bank estimate suggests why does the flaring continue? that putting pressure on the companies that typically 4.8 trillion cubic feet of gas is works. Friends of the Earth Nigeria and the The oil companies have persuaded the flared or vented annually, of which Nigeria Climate Justice Programme are working current, quasi-military Obasanjo regime to contributed 965 billion cubic feet in the late together to increase these efforts locally, allow them to continue flaring until at least 1990s - about 20%, by far the single biggest nationally and internationally. Then, the 2008. They argue that they cannot afford to national emitter. The Bank reckons that the people of the Niger Delta might be treated in stop flaring, but this is simply not credible. country’s flaring has contributed more the same way as people in other parts of the The combined annual profits of the relevant greenhouse gas emissions than all other world and, in the process, needless companies are tens of billions of dollars, and sources in sub-Saharan Africa combined. greenhouse gas emissions will be stopped. most of Nigeria’s oil reserves lie in “relatively simple geological structures” according to the more information: US government. Friends of the Earth Nigeria: www.eraction.org Climate Justice Programme: www.climatelaw.org
foei | 55 © tania dunster
three redress
right to 3 environmental justice The Sagarmatha National Park is famed for threat. Furthermore, twenty glacial lakes are at Mount Everest, the highest peak in the world. risk of outburst, which would have catastrophic Small communities struggle to grow food on effects on downstream communities. the rugged terrain, and Sherpas graze their himalayan Supported by Friends of the Earth Nepal, the livestock in the upper peaks during the warm communities are exploring the possibility of months. Wild animals native to the area communities petitioning UNESCO to place the Sagarmatha include the Himalayan tahr, the goral, the National Park on the World Heritage in Danger serow, the musk deer, the Himalayan black threatened by List. They may also be able to ask the Nepal bear, and some 118 bird species. Supreme Court to remedy the breach of these melting glacial This dramatic region is threatened by climate people's human rights, and order companies change, which would have potentially and governments to pay for the cost of making lakes horrendous consequences for the people and the glacial lakes safe. If necessary, they may nature in these lofty settlements. Increased also be able to petition the UN Human Rights friends of the earth nepal temperatures can rapidly melt glacier ice, and Committee about the denial of their rights. precipitation at higher altitudes will fall as rain rather than snow. The lives and livelihoods of the mountain communities are already being affected by climate change: crop patterns are changing, and water resources are under
56 | foei 1. landmark environmental rights cases 2. legal tools addressing human and environmental rights 3. human and environmental rights contacts
appendices © scheltema/greenpeace
Traditional canoes like this one on the Aramia River in Papua New Guinea are threatened by large-scale logging operations in the country.
foei | 57 appendix
landmark 1 environmental rights cases
Using legal channels to secure any form of lubicon cree vs. canada In 1990, the Human doe vs. unocal In this ongoing case, Burmese human or environmental rights can be a slow, Rights Committee (which enforces the peasants are seeking redress for human rights expensive and frustrating process. The International Covenant on Civil and Political abuses including the involuntary relocation of existence of laws, conventions and Rights) ruled that both historical inequities entire villages, forced labor and violence that agreements does not guarantee that they are and more recent developments threaten the resulted from Unocal’s pipeline project. The respected or implemented, and as the case way of life and culture of the Lubicon Lake case, brought under the Alien Tort Claims Act studies in this publication show, many Band Cree of Canada. The Canadian in 1997, is now in appeal. The lawsuit marks individuals and communities have used legal government, which had expropriated Lubicon the first time that a US corporation has faced channels to no avail. However, there are some land for oil and gas exploration, was ordered a trial in the US for alleged human rights important precedents and ongoing legal cases to rectify the situation as soon as possible. abuses committed abroad. that can serve as inspiration for those waging Despite this historic legal victory, however, the legal battles as part of a broader campaign. A Lubicon Cree have had to apply continual wiwa v. royal dutch petroleum (shell) In few of these are described below. pressure on the Canadian government to November 1995, two Ogoni leaders from respect the Committee’s decision. Nigeria, Ken Saro-Wiwa and John Kpuinen, yanomami vs. brazil In the 1970s and 80s, the were hung in Nigeria. This and other related construction of a road through Yanomami western shoshone vs. us government In 1993, abuses are the focus of a lawsuit against Shell indigenous territory in the Brazilian Amazon a group of Western Shoshone Native for its role in suppressing peaceful opposition posed a huge threat to the survival of these Americans filed a petition with the Inter- to oil activities in the Niger Delta. The case people. The resulting intrusion of gold miners American Commission on Human Rights continues despite Shell’s attempts to throw it brought diseases to which the Yanomami had alleging that their rights to their ancestral out of court, where it is being heard under the no resistance, and an estimated ten percent of land were being illegally violated by the Alien Tort Claims Act. the population has since been decimated. In United States. Ten years, later, the 1985, the Inter-American Commission on Commission ruled that the claims of the bowoto vs. chevrontexaco In 1999, victims of Human Rights ruled that the Brazilian United States to Western Shoshone land were gross human rights abuses associated with government had violated several human indeed illegal and violated international Chevron’s oil production activities in the Niger rights and must remedy the situation. Despite human rights law. Delta filed suit against Chevron in a federal this historic ruling in the field of court in San Francisco. The case, filed under environmental rights, the government has not guerra vs. italy In 1998, the European Court of the Alien Tort Claims Act, is based on the kept its commitment to protect Yanomami Human Rights made a strong link between shooting of peaceful protestors at Chevron’s land, and these people are still threatened. human rights and environmental protection Parabe offshore platform and the destruction by ruling that Italy had violated the European of two villages by soldiers in Chevron awas tingni vs. nicaragua In 2001, the Inter- Convention on Human Rights by failing to helicopters and boats. Chevron’s attempt to American Court ruled against the state of provide the local population of Manfredonia have the case dismissed, arguing that Nigeria Nicaragua in connection with illegal logging with information about the risks of accidents is the proper forum for the dispute, did not in the territories of the indigenous Awas at a nearby chemical factory. succeed. Tingni people. The Nicaraguan government more information: was ordered to recognize and protect the ecuadorian amazon communities vs. texaco EarthRights International: Awas Tingni’s rights to their traditional lands, From 1964 to 1991, the US oil company Texaco www.earthrights.org natural resources and environment. This case, allegedly illegally dumped 18.5 million gallons the first land and resource dispute to be of toxic waste and contaminated residue in addressed by the Inter-American Court, was the Ecuadorian Amazon. In 1993, a class- an important victory in the emerging field of action lawsuit was filed in the US on behalf of environmental rights litigation. some 30,000 indigenous and settler residents in the affected areas. Texaco delayed the case for years by refusing to accept the jurisdiction of the American court. In 2002, however, the US court ordered the company to accept jurisdiction in Ecuador. If won, the case could result in US companies being held environmentally accountable for their actions in foreign countries.
58 | foei appendix appendix
legal tools addressing human human and environmental 2 and environmental rights 3 rights contacts
the main human rights treaties • Convention on the Rights of the Child, 1989 Amazon Watch: www.amazonwatch.org www.unicef.org/crc • Universal Declaration of Human Rights, 1948 Amnesty International, Just Earth programme: www.un.org/Overview/rights.html • Convention No. 169 concerning Indigenous and www.amnestyusa.org/justearth/ Tribal Peoples in Independent Countries, 1991 • International Covenant on Economic, Social and ANPED Northern Alliance for Sustainability: www.unhchr.ch/html/menu3/b/62.htm Cultural Rights, 1976 www.anped.org/index.php?a=4&b=4170 www.unhchr.ch/html/menu3/b/a_cescr.htm • The Rio Declaration on Environment and Center for Constitutional Rights: www.ccr- Development, 1992 • International Covenant on Civil and Political ny.org/v2/legal/human_rights/human_rights.asp www.unep.org/Documents/?DocumentID=78&Articl Rights, 1976 eID=1163 Center for Economic and Social Rights: www.cesr.org www.unhchr.ch/html/menu3/b/a_ccpr.htm • Agenda 21: Programme of Action for Sustainable Center for Human Right and the Environment: Development, 1992 www.cedha.org.ar/en (English) human rights courts www.unep.org/Documents/?DocumentID=52 www.cedha.org.ar/es (Spanish) • International Court of Justice in the Hague • The Vienna Declaration and Programme of Action, Center for International Environmental Law: www.icj-cij.org adopted by the UN World Conference on Human www.ciel.org • Inter-American Court of Human Rights Rights on 25 June 1993 Corporate Crime Reporter: www.corteidh.or.cr/index_ing.html www.un.org/events/humanrights/vienna.html www.corporatecrimereporter.com/ • International Criminal Court in the Hague • Draft Declaration of Principles on Human Rights Corporate Europe Observatory: www.icc-cpi.int and the Environment, prepared by Special Rapporteur Fatma Zohra Ksentini, 1994 www.corporateeurope.org/norms www1.umn.edu/humanrts/instree/1994-dec.htm EarthJustice: www.earthjustice.org rights at the regional level • United Nations Draft Declaration on the Rights of Earth Rights International: www.earthrights.org • European Convention for the Protection of Human Indigenous Peoples, 1994 Rights and Fundamental Freedoms (1950 and www1.umn.edu/humanrts/instree/declra.htm Environmental Defense: subsequent amendments) www.environmentaldefense.org www.magnacartaplus.org/echr • Beijing Declaration, 1995 www.un.org/womenwatch/daw/beijing/platform/d Friends of the Earth Colombia: • American Convention on Human Rights, 1969. Has eclar.htm www.censat.org/Index_DDHH_DDAA.htm (Spanish) a Declaration on Rights of Indigenous Peoples (the San Salvador Protocol) • Copenhagen Declaration on Social Development Friends of the Earth International: www.foei.org www.cidh.org/Basicos/basic3.htm adopted by the World Summit for Social Friends of the Earth Spain Ecoigualdad site: Development, 1995 www.ecoigualdad.org (Spanish) • African Charter of Human and Peoples’ Rights, 1986 www.un.org/esa/socdev/wssd/agreements www.hrcr.org/docs/Banjul/afrhr.html International Federation for Human Rights: • Habitat Agenda from United Nations Conference www.fidh.org (English, French, Spanish) • Draft Arab Charter on Human Rights (adopted on Human Settlements (Habitat II) in Istanbul, 1996 1994, revised Jan 2004 but not yet in force) www.unchs.org/unchs/english/hagenda/ International Labor Rights Fund: www.laborrights.org www.pogar.org/themes/reforms/documents/acharte r.pdf • Rome Declaration of the World Food Summit, 1996 International Rivers Network: www.irn.org www.fao.org/wfs/index_en.htm • Aarhus Convention (UN Economic Commission for Multinational Monitor:www.multinationalmonitor.org Europe Convention on Access to Information, Public • Draft International Covenant on Environment and Oilwatch: www.oilwatch.org.ec Participation in Decision-Making and Access to Development, IUCN Commission on International Law and International Council of Environmental Justice in Environmental Matters), 1998 People’s Movement for Human Rights Education: Law, 2000 www.unece.org/env/pp/documents/cep43e.pdf www.pdhre.org/rights www.iucn.org/themes/law/pdfdocuments/EPLP31E • Charter of Fundamental Rights of the European Nsecond.pdf Rainforest Action Network: www.ran.org Union, 2000 www.europarl.eu.int/charter/default_en.htm • Proposed United Nations Norms on the Sierra Club: www.sierraclub.org/human-rights Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human other useful sites: useful treaties for environmental rights Rights campaigning www.unhchr.ch/Huridocda/Huridoca.nsf/0/6415 The Embassy Network (embassy and consulate 5e7e8141b38cc1256d63002c55e8?Opendocument • Stockholm Declaration of the United Nations addresses and links): www.emb.com Conference on the Human Environment, 1972 List of UN treaties with their status: www.unep.org/Documents/Default.asp?DocumentI untreaty.un.org/English/TreatyEvent2002/index.htm D=97&ArticleID=1503
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ublished August, 2004 in Amsterdam, The Netherlands Netherlands The Amsterdam, in 2004 August, ublished P
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