Environmental Defenders Under Attack

Environmental Report defenders under attack

– The threats facing people who protect nature Acronyms Contents

Acronyms 2 Summary 4 Preface 6

BHRC Business and Human Rights Resource Center 1 Key concepts 8 CSO Civil society organisation Methodology 12 ECOSOC United Nations Economic and Social Council 2 EU European Union 3 Background: An alarming development 14 FPIC Free, Prior and Informed Consent 3.1. One step forward, two steps back? 16 HRDD Human Rights Due Diligence 3.2. Democracy and human rights under attack 16 3.3. Civil society under fire 18 ICNL The International Center for Not-for-Profit Law South Africa: “The kids know that my life is in danger.” 20 IPBES The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services 4 Results from the study: Environmental defenders increasingly under attack 22 IPCC The Intergovernmental Panel on Climate Change 4.1. Confirming the general picture 23 NGO Non-governmental organisation, used synonymously with CSO 4.2. Threats facing the global environmental movement 24 OHCHR Office of the United Nations High Commissioner for Human Rights 4.3. Why do conflicts arise? 28 UN United Nations 4.4 Violence is spreading 30 4.5 Indigenous people are the most exposed 32 UNDRIP United Nations Declaration on the Rights of Indigenous Peoples 4.6. Latin America – the region hit the hardest 33 UNEP United Nations Environment Programme Brazil: “I refuse to sell my land to the people cutting it down.” 36 UNHRC United Nations Human Rights Council 5 Humanity and the environment 39 5.1. The violent downside of consumption 40 5.2. Traditional knowledge for people and the environment 41

6 Rays of hope 44 The Philippines: “Her husband was assassinated – she carries on his struggle” 48

7 Conclusions: Dual pressure 50

The rights of environmental defenders in international conventions 54 States 54 United Nations 54 Regional mechanisms 55 The private sector 55

Demands from the Swedish Society for Nature Conservation 56 Demands to the United Nations 57 Demands to the European Union 57 Demands to states 58 The author would like to extend a warm thank you to the following external individuals having offered information, opinions and ideas that Demands to the government of Sweden 58 contributed to the contents of this report: Malena Wåhlin at Swedwatch, Marina Comandulli at Global Witness, Ana Zbona at Business and Demands to the private sector 59 Human Rights Resource Centre, Clarisa Ramos at PDG, Dr. Charito Medina and Cris Paneiro at Masipag, Andrea Rocca and Jim Loughran at Demands to civil society 59 Front Line Defenders, Annika Silva-Leander at International IDEA, Robby Mokgalaka at groundWork and Fran Lambrick at Not1More..

This production has partly been funded by Sida, the Swedish International Development Cooperation Agency. Sida does not necessarily Support to environmental defenders 60 share the views expressed here. The content is solely the responsibility of the producer / author. Sources 63 Summary

Civil society is under attack. According to the International Center for Not- Conflicts involving environmental defenders are often linked to land and for-Profit Law, since 2012 more than 70 countries have introduced legal res- natural resources in countries plagued by weak rule of law and widespread trictions aimed at citizens wanting to get involved in civil society organisa- corruption. The mining, agricultural and forestry sectors account for the tions. People fighting for democracy, environmental protection and human majority of confrontations arising between companies and local communi- rights face increasing risks. ties living in exploited areas. This is a frightening situation, and one that Environmental defenders, i.e. people involved in trying to protect the en- consumption in Sweden and other wealthy countries contributes to by vironment and/or land rights, are one of the groups facing the most risk. means of a rising demand for products and raw materials from these According to Global Witness, the number of environmental defenders being countries. killed has increased at an alarming rate. At least three environmental de- SSNC calls upon the Swedish government, the UN, the EU and the private fenders are being killed somewhere in the world each week. sector to take decisive action with regard to the risks facing environmental This report presents the results of a comprehensive study carried out by defenders. We call upon the government of Sweden to completely phase out the Swedish Society for Nature Conservation (SSNC). The study is based on unsustainable investments and export credits. Swedish embassies should testimonies from 25 environmental organisations around the world with also to a greater extent serve as safe spaces for vulnerable organisations and whom SSNC collaborate (See Chapter 4). environmental defenders. We also call upon companies to ensure that extractive projects are transparent, carried out in accordance with the rule of The results are troubling: law, free of corruption and implemented in a dialogue with stakeholders. • 88 per cent of participating organisations state that the situation for civil See all our demands on page 56. society in their respective countries has deteriorated in recent years. The fact that organisations and people defending the environment are • 80 per cent say that they find it difficult to carry out their activities as monitored, harassed and killed represents a threat to democracy and a vio- planned. The most common forms of risks are said to be surveillance lation of fundamental human rights. At the same time, it also represents a (physical and digital), smear campaigns and death threats. threat to the environment. Humanity is facing one of its greatest challenges • 24 percent say that employees or individuals from the organisation’s tar- so far – preventing ongoing climate change and loss of biodiversity. In order get groups have been killed as a result of their environmental work. to successfully counteract this development, we need a strong environmen- • 52 per cent present examples of when they themselves or their target tal movement capable of mobilising, exerting influence, demanding accoun- groups have been harassed or threatened by private actors. tability and participating in implementing the changes required. The world • 68 per cent perceive that decision-makers in the country in which the orga- needs to stand up for the rights of environmental defenders to defend our nisation operates seem to regard the environmental movement as a threat. common future.

4 5 Preface

One should not underestimate the power of civil society. Since the ninete- Sida-funded development cooperation programme in the form of support to enth century, the endeavours of ordinary people have played a key role in some 45 organisations in low- and middle-income countries. The involve- Sweden evolving into a welfare state. The temperance and women’s movement of environmental defenders is essential if we are to solve global war- ments paved the way for universal suffrage. During the twentieth century, ming and reduce the loss of biodiversity. the trade union movement contributed to improving work environments At the same time, however, there are more and more reports coming in and strengthening workers’ rights. And, not least, the struggle for nature about those fighting for the environment themselves being under attack. and the environment carried out by the environmental movement has been Reports originating from a wide range of countries, such as Brazil, India, the crucial for many things we now take for granted in Sweden: the Right of Philippines and South Africa, describe how environmental defenders are Public Access, our nature reserves and national parks, the protection of being exposed to threats and harassment and even being killed. This report threatened species and habitats, measures against toxic substances in nature, sets out to analyse the causes behind this as well as illustrate what the threats efforts to counteract the acidification of soil and water and much more. may look like and where they originate. Above all it seeks to demonstrate Since 1909, SSNC has worked tirelessly for a healthy and living planet. how we can fight this development. Our engagement is based on the power of our more than 230,000 members The study is based on reports from 21 organisations in ten countries and supporting our work and the thousands of dedicated individuals who stand four global environmental organisations with which SSNC collaborates. On up for the environment and in different ways engage in voluntary activities the basis of a collection of data, SSNC here presents an analysis of the situa- in our popular movement. tion for the environmental movement and environmental defenders Every day across the world, organisations and activists fight for nature worldwide. Furthermore, we also give demands to the UN system, the EU, and the people who manage it. They range from indigenous people opposing states, companies and civil society, to ensure the rights of civil society and deforestation in Borneo to coastal communities fighting against large-scale environmental defenders to stand up for the environment and our common overfishing along the West African coast. And they include environmental future. activists in South Africa holding elected representatives accountable for secret plans to expand the use of nuclear power in the country.1 Since the mid-1990s, SSNC has collaborated with like-minded environmental organisations around the world. Today, our global work consists of a Karin Lexén Secretary-General, Swedish Society for Nature Conservation

1. Read more about these stories on the SSNC website: www.naturskyddsforeningen.se/en/global/

6 7 Civic space: The organisation Civicus des- Human rights: Human rights govern the cribes the concept of Civic space as “the set relationship between the state and the in- of conditions that allow civil society and dividual, where the individual is afforded a individuals to organise, participate and set of rights that the state is obligated to communicate freely and without discrimi- meet. Human rights are universal, they nation, and in doing so, influence the poli- apply to everyone and are regulated in both tical and social structures around them.” national legislations and different types of international agreements. The United Civil society: An arena separate from the Nations Universal Declaration of Human state, market and individual households Rights and the two UN conventions of 19663 where people, groups and organisations act contain a long list of rights and fundamen- together in relation to common interests. tal freedoms, including the right to protec- Civil society includes both formal organi- tion from abuse and rights to meet the sations and associations, as well as looser most basic of needs. communities and networks. Human rights defenders: According to the Environmental defender: There is no uni- UN Declaration on Human Rights versally accepted definition of what cha- Defenders, they are defined as people who racterises an environmental defender. “individually and in association with oth- SSNC uses the definition of the organisa- ers [...] solicit, receive and utilize resources tion Global Witness, namely “anybody who for the express purpose of promoting and takes peaceful action, either voluntarily or protecting human rights and fundamental professionally, to protect environmental or freedoms through peaceful means.” This land rights.”2 Environmental defenders are term not only includes activists and people people who have chosen to engage in en- working in areas such as trade unions, wo- vironmental organisations as well as, for men’s organisations, LGBT organisations, instance, local communities forced to de- etc. but also in areas related to the environ- fend their land. An environmental defen- ment, which means that environmental de- der is defined by what he or she does, not fenders are also included in the broader what he or she is. term of human rights defenders.4

Environmental movement: Defined as the broad social and political movement working to promote environmental awareness. The environmental movement includes organisations, public movements and other associations, and it looks different from Key Concepts country to country.

2. At What Cost? Irresponsible Business and the Murder 3. The International Covenant on Civil and Political Rights of Land and Environmental Defenders in 2017, Global and the International Covenant on Economic, Social and Witness, 2018, p. 12. Cf. UNEP’s definition: “UN Environme- Cultural Rights. nt considers an environmental defender to be anyone who 4. See, for example: https://human-rights-due-diligence. is defending environmental rights, including constitutional nortonrosefulbright.online/ rights to a clean and healthy environment, when those 1 rights are being violated.” 8 9 Human rights due diligence: An ongoing risk management process for companies in order to identify, prevent, minimise and manage its activities in order to avoid negative consequences for stakeholders and to ensure that human rights are not violated.

Indigenous people: Indigenous people are the original inhabitants and caretakers of a certain region, unlike groups that have subsequently settled, occupied or coloni- sed the area. One element of the characte- ristics of indigenous people is that they maintain and pass down traditions, cultural markers and sometimes languages that relate to the group’s early way of life – often linked to a specific area.

Network organisation: SSNC collaborates with a number of organisations whose activities are carried out at a regional or global level. These collaborations are typically carried out through other nation-based organisations belonging to this organisation, which, in turn, makes it a network organisation.

Partner organisation: Term used for deno- ting an organisation with which SSNC is engaged in a formal collaboration through our Sida-funded Global Programme.

Protest march against President Rodrigo Dutertes on International Women’s Day on March 8, 2018 in Manila, Philippines.

10 11 The results of this report are based on a In order to capture trends in both problem compilation of data on the environmental descriptions and recommendations, we movement and the increasing risks facing have analysed some 30 reports focusing on environmental defenders. The data has the issues at hand. We have also used sta- been collected from an extensive question- tistical databases from organisations such naire, reports, in-depth interviews and an- as the International Institute for nual reports for the years 2017–2018 from Democracy and Electoral Assistance all SSNC partner organisations – all in all (IDEA), Global Witness and Business and 45 organisations. The methodological app- Human Rights Resource Centre (BHRC). roach of the report is comparative and pri- This study should not be seen as univer- marily qualitative in nature but also quan- sally applicable, nor does it constitute an titative in terms of how the data collected in-depth analysis of the specific situation from the questionnaire has been compiled. in the countries discussed. The different The purpose of the questionnaire and the examples presented below serve as snaps- in-depth interviews has been to get a pictu- hots of different contexts in order to illu- re of how SSNC’s partner organisations ex- strate the problems facing environmental perience the situation for the environmen- organisations. Presumably, this report paints tal movement in their respective contexts. a picture recognised by many people in the The questionnaire has been sent to the environmental movement, as it covers 25 organisations SSNC collaborates with in diverse organisations in ten countries. our Global Programme. In the questionnaire, these organisations were asked to res- pond to ten questions and were also offered the opportunity to comment on each question. Twenty-five replies came in from ten countries from the organisations that received the questionnaire, including four global environmental networks. SSNC has also performed in-depth interviews with 19 of the 46 organisations, which have provided more detailed descriptions of the problems they experience.5 The report also contains articles on three people who have fought for the environment and been subjected to threats, harassment and violence – in one case with a fatal out- come. By presenting these three environmental defenders, we seek to draw attention to the people behind these frightening sta- Methodology tistics and illustrate what form the drivers behind this violence may take.

5. These interviews have been compiled by the consultancy firm Rightshouse into the report: Conflict Sensitivity and Conflict Perspective: An Assignment for SSNC, Alffram, H., 2 Modéer, P., Rightshouse, 28 March 2018. 12 13 When counterterrorist policies are used to suppress peaceful protests and legitimate opposition movements, shut down debate, target human rights defenders, or stigmatize minorities, they fail, and we all lose.

António Guterres, Secretary-General of the United Nations

Background: An alarming development 3 14 15 Civil Liberties – Advancers and Decliners, 1980-2018. 3.1. One step forward, two steps back? 3.2. Democracy and human rights During the last five decades, global deve- under attack Number of countries lopment work has seen several partially During the latter half of the twentieth cen- Advancers conflicting trends. Significant progress has tury, the world witnessed a “wave of demo- 60 been made in the fight against poverty, in- cratisation”. An increasing number of Decliners cluding improved health and increased ac- countries introduced general elections and 50 cess to education, and several of the UN representative government. For instance, millennium development goals have been in the report Global State of Democracy, the 40 met. The 17 Sustainable Development Goals international democracy institute IDEA that world leaders were able to agree upon notes that 46 countries could be categori- in September 2015 within the framework of sed as democratic in 1975, a figure that had 30 2030 Agenda represent a framework for the increased to 132 by 2016. “The trend since

joint sustainability efforts of the interna- 1975 suggests that most aspects of demo- 20 tional community, the like of which has cracy have improved, and that most demo- never been seen before. cracies have been resilient over time.”7 At the same time, we are very concerned At the same time, however, developme- 10 with escalating global warming, the deple- nts over the past decade indicate a serious tion of biodiversity and the exploitation of reversal. For more than a decade, demo- our natural resources as major threats to cracy has retreated in several countries. our planet and our civilisation. We have al- The results of a number of general elec- 1980 1985 1990 1995 2000 2005 2010 2015 2018 ready passed four of the nine so-called pla- tions around the world over the past deca- netary boundaries6 and the measures pre- de not only confirm the trend towards Fig 1. Democracy Institute IDEA’s graph of global democratic trends (1975-2018) linked to civil liberties. The green line shows the number of countries moving towards a positive development (“advancers”). The blue number of countries sented by the international community to more authoritarian and nationalist le- moving in the opposite direction (“decliners”). The graph shows that a trend break occurred around 2011. From that year date are far from adequate. Humanity faces aders, but also towards governments onwards, a strong rise in the number of countries moving towards reduced democratic development occurred, and in changes that will have a critical impact on questioning the need for common agre- 2013 this development also exceeded the number of countries moving towards increased democratic development. our societies. ements and international cooperation. Democracy made great strides during People fighting for democracy and human According to the two researchers, this cur- tect, which, in turn, has also hampered the the twentieth century, especially in terms rights are exposed to threats, violence and rent third wave differs from past setbacks. mobilisation of pro-democratic forces. of free elections and respect for fundamen- persecution to an extent rarely experien- During the first two periods, democratic The attacks on the democratic system in tal rights. At the same time, many people ced before.8 reversals manifested themselves as dras- recent years have coincided with human have in recent years also pointed to a wor- In a new study by researchers Anna tic changes in which democracies turned rights increasingly being questioned global- rying development on the global political Lührmann and Stefan Lindberg published into closed dictatorships in a relatively ly. In its 2016 report Human rights, democracy agenda. Basic democratic values and the in the journal Democratization, they des- short period of time. The latest “wave” of and the rule of law in Swedish foreign policy, perception of human rights are increasing- cribe the current developments as a “third declining democracy instead occurs in de- the Swedish Ministry for Foreign Affairs ly challenged across the world. wave of autocratization”.9 The first wave oc- mocracies with multi-party systems, claims that “Authoritarian states have beco- In order to understand what is going on, curred during the 1920s and 1930s as where elected leaders accept the form of me increasingly skilled at undermining and we need to look back at some of the political Fascism and Nazism emerged. The second government while gradually and discreetly reinterpreting binding conventions and ac- trends that may have had an impact on the wave occurred during the 1970s through undermining democratic norms. In several cepted concepts and norms, leading to the troubling development in the world today. the military coups in Latin America. countries, democracy is slowly being cur- validity of human rights being questioned tailed by means of, for instance, rhetoric or in many parts of the world.”10 According to secretive legislative changes. This deve- organisations such as Amnesty lopment has meant that the reversal of de- International, the results of this have been mocracy is less apparent and harder to de- seen in, for instance:

6. “Planetary Boundaries: Guiding Human Development 8. Front Line Defenders Global Analysis 2018, Front Line on a Changing Planet”, Steffen et al., Science Vol. 347 No. Defenders, 2019, p. 4. 9. “A Third Wave of Autocratization Is Here: What Is New 6223, 2015.7. The Global State of Democracy: Exploring about It?”, Democratization, Lührmann, A., Lindberg, S. I., 1 Democracy’s Resilience, International IDEA, 2017, p. 2. March 2019.

16 17 • Minorities and/or marginalised groups society – organisations, associations and/or facing increasing risks. movements that people join voluntarily on • The international community being the basis of shared interests. According to unable or unwilling to act decisively in the research organisation International relation to arising conflicts. Center For Not-for-Profit Law (ICNL), since Closed • The lack of ability of the EU and the US 2012 a little over 70 countries have introdu- Repressed Obstructed to address the recent refugee crises in ced no fewer than 144 new legal restrictions Narrowed a humane way and on the basis of the aimed at civil society. This trend is frequ- Open rule of law.11 ently referred to as “shrinking civic space” and constitutes a global phenomenon. Fig 2. In its database ”Civicus Monitor”, the organization Civicus tracks the state of civil society freedoms all around Unfortunately, this trend seems to conti- No single factor is capable of explaining the world. The scale is based on four main indicators (transparency, inclusion, flexibility and activism) and countries nue. The organisation Front Line this complex process; however, shrinking are graded on a 100-degree scale. The most open countries get dark green, the most closed red. See more: https:// Defenders, which documents the abuse of civic space is commonly seen as linked to at monitor.Civicus.org/ human rights defenders, writes in its 2018 least three important events in world politics: Annual report that “elections which took • The terrorist attacks on the World Trade The majority of these restrictions have see below, there are many examples of sur- place during the course of the year often Center on 11 September 2001. been introduced in sub-Saharan Africa, veillance, smear campaigns, threats and gave platforms to xenophobic, racist and • The so-called “colour revolutions” that followed by Europe, which shows that the harassment against employees of or spo- misogynist voices and visions for the futu- took place 2003-2005 in the former worrying development we have seen also kespeople for civil society organisations re of their countries.”12 Soviet Union.14 affect regions previously made up of strong (CSOs). These examples also highlight a ge- In addition to specific groups experien- • The Arab Spring initiated in Tunisia in democracies. neral stigmatisation of civil society and its cing increasing risks, we have also seen 2010.15 These restrictions on civil society’s abili- representatives, who are sometimes des- that people actively campaigning for ty to act, the so-called shrinking civic cribed as unpatriotic, hostile to economic human rights have faced intensified threats The US war on terror in the wake of 9/11 space, have been carried out in a number of development or, in a number of cases, as in recent years. Women’s rights defenders, served as the beginning of a new era of sur- ways. In the report Laws Designed to terrorists. trade union representatives, LGBT activists veillance, restrictions on financial trans- Silence: The Global Crackdown on Civil The harsher conditions for civil society and, as we shall see, environmental defen- fers between countries and a gradual shift Society Organizations, Amnesty Inter- and human rights are also linked to politics ders have in recent years been exposed to in norms in terms of how the international national presents several examples of how at the international level. For instance, in smear campaigns, harassment, surveillan- community perceives civil society. After states have tried to curtail civil society recent years we have seen a reduction in ce, threats and even murders. When the UN the colour revolutions and the Arab Spring, through various legal restrictions, frequent- funding to central institutions in the United Special Rapporteur on the Situation of a number of legislative changes followed in ly copied from other countries. For example, Nations working with human rights.18 This Human Rights Defenders, Michel Forst, in a short period of time in countries such as many states have introduced bureaucratic is a result of the general reduction in contri- December 2018 submitted his report to the Russia, Belarus, Eritrea and Uzbekistan, obstacles in order to make registration pro- butions to the UN system, cuts in targeted UN on the situation in 150 countries around which were specifically targeted at the de- cesses more complex, or expensive registra- contributions to OHCHR19 and delayed pay- the world, he stated that “in too many mocratic movement and civil society at tion fees that make it harder for small orga- ments from a number of member states. An locations, there is a war on human rights large. nisations to survive. This represents a increasing number of reports, including defenders.”13 In its latest annual report, the global civil heavy blow for civil society as, in most from SSNC partner organisations, have society network Civicus states that 109 cases, being registered is a prerequisite for been submitted concerning how the states 3.3. Civil society under fire countries are currently restricting the an organisation to receive public funding, seek to limit the participation of civil socie- A sector particularly afflicted by these deve- space for people to organise and be heard.16 open bank accounts and reach cooperation ty in the UN system and its processes.20 lopments during the last decade is civil agreements with others (e.g., in order to receive international development assistance).17 In addition to restrictive laws, as we shall 10. Human rights, democracy and the rule of law in 13. World Report on The Situation of Human Rights Defen- Swedish foreign policy, Government Communication, ders, Forst, M., United Nations Special Rapporteur on the 2016/17:62, December 2016, p. 7. Situation of Human Rights Defenders, December 2018. 16. State of Civil Society Report 2018 – Year in Review: Top- Rights, 4 January 2018. 11. The state of the World’s Human Rights: Amnesty 14. Georgia in 2003, Ukraine in 2004 and Kyrgyzstan in Ten Trends, Civicus, 2019. 19. Office of the United Nations High Commissioner for International Report 2017/2018, Amnesty International, 2005. 17. Laws Designed to Silence: The Global Crackdown on Civil Human Rights. 2018, p. 12–13. 15. “Aid Barriers and the Rise of Philanthropic Protectio- Society Organizations, Amnesty International, 2019, pp. 8, 12. 20. The Backlash against Civil Society Access and Partici- 12. Front Line Defenders Global Analysis 2018, Front Line nism”, Rutzen, D., International Journal of Non-for-Profit 18.Human Rights Funding Takes a Hit but Key Mandate pation at the UN, International Service for Human Rights, Defenders, 2019, p. 6. Law, Vol. 17 No. 1, March 2015. Reaffirmed”, McEvoy, T., International Service for Human Foreign & Commonwealth Office, 2018.

18 19 South Africa

What happened at the Ikwezi mine located on outside a grocery store in Newcastle in March 2019. Kliprand Farm is a typical example of how South The mob surrounded Lucky and one of the leaders African mining companies operate. Ikwezi Mining approached him with a gun in his hand. managed to convince a few families living where the – But then the security guards at the shopping mall open cast mine would be located with promises of came and saved me and sprayed pepper spray, says money, new homes and work at the mine. A woman Lucky Shabalala. representing three families signed Ikwezi Mining’s He did not bother reporting the incident to the po- proposal, while six other families had no idea of lice, as the reports he had filed in the past had disap- what was happening. Nevertheless, the company ar- peared. However, the same does not apply to the po- gued, the needs of the local population were now met. lice reports filed against Lucky by employees at the Several households were suddenly visited by re- mining company, involving alleged attacks. Lucky presentatives from the mine who measured their says that a police chief has told him that he creates houses. This was followed by bulldozers razing the problems for both the mine and the police chief him- houses to the ground. This destruction was carried self. And he has narrowly escaped arrest on several out with the protection of security companies and occasions. the local police, and the villagers were relocated by Neither has he received any support from the force to small corrugated iron shacks. Department of Mineral Resources, which has not re- Ever since the 1950s, the families have been al- sponded to his letters. Instead, Lucky has been told lowed to stay at Kliprand Farm in exchange for work. by an employee at the department that his phone is SOUTH AFRICA When the farmer left the farm in the 1990s, he pro- being tapped and that he is being followed. South mised that they could stay and continue cultivating Africa is highly dependent on mining revenues, the land. They would never have to move. But the which amount to almost seven per cent of the coun- Indian and South African owners of the coal mine had try’s GDP. In total, the mining industry employs ”The kids know that my life a different view. The lucrative coal had to be mined. close to half a million people. According to ground- When the families had been forcefully removed Work, there are at least 50 mining conflicts in South by the mining company, they contacted Lucky Africa. Some have been worse than the one at is in danger” Shabalala. He works at the organisation Sisonke, Ikwezi. Activists have been killed. For instance, which collaborates closely with SSNC’s partner or- Sikhosiphi Radebe, a vocal opponent of a titanium ganisation groundWork. mine, was killed in 2016. The winter winds in South Africa tend to be harsh. But ever since the lar- Lucky Shabalala arranged meetings and protests. After the attack in March, Lucky Shabalala recei- In the course of his efforts, he discovered that the ved financial assistance from Human Rights Watch ge open cast mine opened up the earth’s crust for the Ikwezi coal mine, elected board was illegal, as only some of the resi- and could hire a bodyguard for a few months. This the wind is even more persistent and Lucky Shabalala’s face gets blasted dents had been allowed to elect family representati- money has now run out, and instead he moves by sand when visiting the families living by the mine. Villager Khethiwe ves. He also discovered that Ikwezi Mining’s permit around between different addresses. He can no long- Ngwena (age 27) is concerned. She and her family have to move in a for the mine had expired. Lucky now became enemy er live with his children, who are five, nine and fif- month. That is when their house will be torn down, but none of them have number one – and not only for the mining company. teen years old. Relatives take care of them, even The families who had received benefits, jobs, money though he sometimes sneaks over to visit them. yet had a new home built for them. and seats on the board violently fought Lucky. He “The kids know that my life is in danger, so they By: Torbjörn Selander has been attacked three times. The worst time was understand”, says Lucky Shabalala with a sad voice.

20 21 4.1. Confirming the general picture In Brazil, several partner organisations re- The questionnaire carried out by SSNC port that the situation for civil society has confirms the perception of a global attack deteriorated since Jair Bolsonaro became on civil society. Of the 25 organisations president in January 2019. In a short period “Going to a gathering to discuss the right to water can be participating in the study, 20 (80%) state of time, the Bolsonaro administration has problematic. When you go to meetings that are challenging that civil society experiences a decreasing drastically reduced government funds al- ability to act in the countries in which located to civil society, which has been de- inequalities, you become a target. Being there means these organisations operate. An even hig- trimental to the activities of these organi- you’re against the counsellor, which might lead to you her proportion (88%) state that the situation sations.21 The government has made it in their country has deteriorated in recent clear that it wants to reduce the number of losing your place in the housing queue. You become years. In other words, the questionnaire re- active organisations in the country, which labelled a problem. “ sponses indicate that even in countries has resulted in the general public and the where civil society has some ability to act, police increasingly beginning to justify vi- this is being reduced. Several of the inter- olence against employees and environme- national environmental networks coopera- ntal defenders. At the same time, however, Environmental defender, South Africa ting with SSNC report persecution and threats one of the Brazilian organisations points against organisations and associations. out that these attacks against civil society They also point out that the “criminalisa- have been going on for a long time and are tion” of activism is rapidly increasing, not exclusively linked to the Bolsonaro meaning that actions that used to be legal administration.22 are being made illegal through legislative In Kenya, several organisations report that changes. they are in danger of losing their registration From the Philippines, several partner or- certificates, which among other things would ganisations report a deteriorating rule of law restrict their ability to receive international and increasing risks facing civil society orga- funding. The government also has limited ac- nisations working with human rights. Many cess to certain forest areas and water supplies of them feel that president Rodrigo Duterte’s in order to make things harder for organisa- government is attacking those who criticise it tions working to protect them. In India, simi- by means of slander, fabricated allegations, lar reports are made regarding organisations harassment and extrajudicial executions. at risk of losing their registration. One partner In both Indonesia and the Philippines, se- organisation states that from 2014 and veral of SSNC’s partner organisations state onwards, hundreds of CSOs have had their re- that an increasing number of people are being gistrations revoked under the Foreign stigmatised and publicly shamed as commu- Contribution Regulations Act. Organisations Results from the study: nists and/or terrorists and that the governme- that lose their registration lose their ability to nt controls and monitors their activities. By receive external funding, which is often a pre- Environmental defenders smearing activists and organisations, govern- requisite for being able to carry out their acti- ments are in many cases able to justify vities. There are also reports from South increasingly under attack unwarranted arrests and violent attacks – an Africa23 that the government has made it in- effective way to silence dissidents. The ques- creasingly difficult for CSOs to receive fun- tionnaire shows that this is a strategy used in ding and donations. other areas and regions as well.

21. Conflict Sensitivity and Conflict Perspective: An Assign- 23. Opinions may differ as to whether Civic space is ment for SSNC, Alffram, H., Modéer, P., Rightshouse, 2018. growing or shrinking in a country. One example is South 22. For instance, the anti-terror legislation adopted already Africa, where one of our partner organisations states that in the beginning of 2016 represented a harsh blow for civil Civic space is shrinking while the other says that it is in society. See “Brazil: Counterterrorism Bill Endangers Basic fact growing. 4 Rights”, News, Human Rights Watch, 13 November 2015. 22 23 4.2 Threats facing the global Philippines environmental movement Uganda

Indonesia The questionnaire shows that 80 per cent of the organisations have difficul- Brazil ties implementing their activities as planned. This is a result of the decreasing ability to act, affecting both the environmental movement and civil society at South Africa large. The graphics show that as many as 17 out of 25 respondents (68%) state that that they are being subjected to physical or digital surveillance. Almost half of them (44%) claim that they have been exposed to smear campaigns and as many as 40 per cent have received death threats against employees. There are many obstacles and they take different forms. In the following section, and as a complement to the statistics, we have decided to highlight some of the obstacles described by these organisations.24

Fig 3. Compilation of obstacles experienced by the organisations or their target groups.

Other 12 Frozen funding Smear Surveillance Reduced ability

No threats/ 16 campaigns to advocacy confrontations Uganda has introduced a In connection to a campaign, Threats to family new law against money representatives from a South 16 A partner organisation in A global environmental members laundering. This means that African organisation were all NGOs must be registered South-East Asia, working followed and monitored by a network describes how they and report their funding to to inform the public about security company linked to over the past two years have 16 Assault the authorities. The new law environmentally hazardous one of the companies they experienced a shrinking has been misused on several chemicals, is accused of campaigned against. The or- possibility to influence the inappropriately using funds international negotiating Travel bans 20 occasions. For instance, it ganisation reports that their has been used as a pretext raised by the organisation it- office has been burglarised processes in which they par- for freezing organisations’ self and of seeking to impe- and that several employees ticipate. As an example, the network mentions a senior Breaking in at office 24 bank accounts after they de the economic developme- also have had their private have levelled criticism aga- nt of the country. In South homes broken into. In Bra- UN official who participated inst a government proposal. Africa, several environme- zil, an organisation reports in an international environ- Murder 24 ntal organisations working having been subject to per- mental conference and with mining issues have secution and data intrusion. publicly compared environ- been subjected to smear In the Philippines, there are mental organisations with Death threats 40 campaigns on social media. reports of environmental terrorist groups. There are An organisation working activists being monitored reports from several countri- Smear campaigns with chemical issues recei- by the military. A partner es, such as Uganda, that 44 ved threats from the private organisation in Indonesia organisations in increasing sector when informing the had to move to another office numbers no longer dare to engage in external advocacy Physical surveillance/ 68 public about toxic chemicals due to the security risks they digital surveillance in products that pose a th- experienced. Another part- work. Many organisations reat to the environment and ner organisation in Indonesia also say that they are exclu- people’s health. reports that their website ded from policy processes 10 % 20 % 30 % 40 % 50 % 60 % 70 % has been hacked on several within the government and occasions. public authorities which also have a direct impact on 24. Unless otherwise indicated, the information in this section originates from the questionnaire and the in-depth interviews. that were carried out. their activities. 24 25 Ukraine

Ukraine Fig 4. Number of environmental defenders killed during 2018. India

Guatemala Sierra Leone Philippines Honduras Indonesia 1 Kamerun

Indonesia Papua South Africa 1 Brazil Nya Guinea Pakistan 1 South Africa

Senegal 1

Gambia 2

Kenya 2 Fabricated Travel bans Threats Arrests Murders Chile 2 charges and violence Two individuals working for An environmental defender Nearly a quarter of SSNC Cambodia 3 an environmental organisa- from Cameroon involved partner organisations (24%) Several organisations in dif- tion based in Ukraine were 44 per cent of SSNC’s part- in a project seeking to stop claim that employees or the ferent countries report that arrested in Poland prior to ner organisations state that the expansion of an Ameri- organisation’s target groups Ukraine 3 employees have been sub- the climate negotiations in employees or affiliated acti- can palm oil company was have been murdered as a jected to fabricated charges Katowice on the grounds vists have been subjected to recently arrested under the result of their environmental and unjustifiably arrested that they represented a threats and violence. During pretext of being part of the work. An organisation opera- Venezuela 3 and detained. For example, security threat. The arrest a campaign against nuclear separatist conflicts in the ting in central India reports a board member of a partner resulted in them being power in South Africa, a part- country. After a few months, that indigenous peoples organisation in the Philippi- unable to participate in the ner organisation received a however, this person was opposed to the exploitation Honduras 4 nes was falsely charged with conference. Several other number of death threats. A released but had to leave of their land are frequently attempted murder and thus individuals were also denied partner organisation in Indo- the country due to security arrested, harassed and th- forced to leave the country. nesia reports that they have concerns. The arrest seve- reatened. On several occa- Iran 6 entry to Poland to participate in the conference, in spite received death threats via rely impaired the partner sions, this has even resulted of having passports and text messages against an in- organisation’s ability to in people being killed. In dividual in the organisation Congo, DRC 8 proofs of registration. support the efforts against Brazil, two people working when working with issues the expansion of palm oil for an organisation were relating to sand mines. plantations in the area. The brutally killed in 2018, which Mexico 14 same organisation also is suspected to be linked to reports that several other their work to preserve and environmental defenders in protect the environment. In Guatemala 16 the same network live under March 2019, twelve farmers similar threats – in countri- in the Philippines were kil- es such as Sierra Leone, led by military forces. At the Brazil 20 Honduras, Guatemala and time, they were engaged in a Papua New Guinea. dialogue to join an environmental organisation in order India 23 to organise their struggle for land rights. Colombia 24

Philippines 30 Background image: Young people, students and environmental activists Information from Global Witness Global from Information demonstrate for the climate in Quezon City in the Philippines. 5 10 15 20 25 30 35 26 27 4.3. Why do conflicts arise? Organisations from a range of countries What these three sectors have in common about to be exploited. Swedwatch carries As demonstrated, there are many obstacles claim that the risk of being seen as a threat is that they focus on extracting and exploi- out field visits, interviews and analyses of and rights violations facing the environ- to the government increases when deci- ting natural resources from land and water. policies and documents, frequently study- mental movement in different countries sion-makers have financial interests lin- As the environmental movement, on the ing what the dialogue with local communi- with different political contexts. At the ked to the private sector – mining compa- other hand, fights to protect these natural ties has looked like prior to, during and same time, these examples are in no way nies, plantations, the forest industry, etc. resources and use them in a sustainable after projects. unique but rather fit into a pattern of abuse The interview responses are consistent manner, we see how the potential for con- The results are often disappointing and also experienced by organisations around with the picture provided in the questionn- flict arises. generally exhibit the same pattern: compa- the world working with rights-based issues aire, where more than half of the respon- In the questionnaire, several SSNC part- nies demonstrate shortcomings in their in other contexts. However, there are strong dents (52%) say that they have concrete ex- ner organisations state that the reason why risk analyses and dialogues with the local indications that people involved in environ- amples of companies and private sector environmental defenders are particularly communities affected by the activities at mental protection and land rights experien- actors having threatened or harassed the at risk is precisely this – the very existen- hand.26 In cooperation with SSNC, ce a particular type of risk to a greater de- organisation or its target group. The fact ce of the environmental movement and the Swedwatch recently released the report gree than others; the risk of direct that companies are linked to conflicts with threat it poses when challenging powerful Undercutting Rights: Human Rights and confrontations and, in some cases, death. environmental defenders is an observation economic interests. Environmental Due Diligence in the This study shows that 17 out of 25 orga- made by a number of organisations. An or- It is thus clear that a potential conflict of Tropical Forestry Sector. The report focu- nisations (68%) feel that the decision-ma- ganisation working to document abuses interest exists between, on the one hand, ses in particular on Cameroon, arriving at kers in the countries in which they operate against environmental defenders in parti- companies whose activities are based on the following conclusion: consider the environmental movement a cular is London-based Global Witness. exploiting natural resources and, on the The fact that Vente de Coup27 companies threat. Only five organisations see them- Based on its statistics on killed environme- other hand, the people who live off, manage in Cameroon are not required by law to selves as allies of the government. In the ntal defenders, Global Witness analyses and protect them. But why does this lead to carry out any assessments of the environ- in-depth interviews, it became clear that 19 which sectors may be linked to these kil- such severe confrontations? Why do com- mental and social impacts constitutes a partner organisations whose activities are lings. A compilation of data from the last panies fail to handle potential conflicts be- substantial risk for illegalities. When no perceived as a threat to companies or the four years shows that the mining industry fore they lead to violence and, in the worst impact assessment is carried out, or where financial interests of influential individu- may be linked to the largest number of kil- case, death? In order to answer this ques- communities are not properly consulted, als feel particularly exposed to risk.25 lings (153 cases), followed by the agricultu- tion, we need to look at additional case stu- affected communities are left without ade- ral sector (99 cases) and the forestry sector dies. quate information about the potential im- with 74 documented cases as a result of The Swedish-based organisation pacts on their forest-based livelihoods. 28 Fig 5. Number of deaths related to sector 2015–2018. confrontations. Swedwatch, of which SSNC is a member, This example is not unique. A recent re- 50 assesses companies and how they take report by Amnesty International, Diakonia 2015 sponsibility for people and environment. and FairAction, which examined 28 com- 45 2016 44 They focus in particular on countries and panies operating in high-risk sectors and/ 43 40 2017 sectors where there is a high risk of human or high-risk countries, showed that only 39 38 rights violations. In a series of reports over five of these (about 18%) stated that they 35 2018 the years, the organisation has examined carry out so-called human rights due dili- 33 30 and documented how companies in sectors gence (HRDD) in their operations. The same such as forestry, agriculture and mining low number stated that they normally consult 25 have established themselves in areas 23 23 23 20 18 18 17 17 15 26. See, for instance, No Business, No Rights: Human Report #92, Wåhlin, M., Swedwatch, 2018. 15 15 15 13 13 Rights Impacts when Land Investments Fail to Include 27. This refers to companies with shorter contracts. 10 Responsible Exit Strategies. The Case of Addax Bioenergy 28. Undercutting Rights: Human Rights and Environmental 9 8 in Sierra Leone, Report #86, Wåhlin, M., Swedwatch, 2017; Due Diligence in the Tropical Forestry Sector. A Case Study 5 Carrying the Costs: Human Rights Impacts in Communities from Cameroon, Report #93, Arounsavath, F., Swedwatch, 4 Affected by Platinum Mining in South Africa, and the 2019, p. 34. Responsibilities of Companies Providing Mining equipme- Mining & Agribusiness Logging Poaching Water & Dams nt, Report #89, Björnsson, O., Swedwatch, 2018; and To the Extractives Last Drop: Water and Human Rights Impacts of the Agro Export Industry in Ica, Peru: The Responsibility of Buyers,

25. Conflict sensitivity and conflict perspective:An Assignment for SSNC, Righthouse, 2019. s. 7

28 29 stakeholders likely to be adversely affected.29 4.4 Violence is spreading 1. a large portion of murdered human According to the latest annual report by In short, HRDD is a process that compa- As seen in section 4.2, death threats are the rights defenders were environmental Global Witness, more than three people nies should use for analysing whether third most common form of risk experien- defenders, and were murdered each week in 2018.33 Global their activities may have a negative impact ced by environmental organisations in 2. this portion increased throughout the Witness also reports that violence against on human rights and, in such cases, have a their work. Murder comes in at fourth period.31 environmental defenders in particular has plan for addressing these risks. HRDD is a place. A full 60 per cent of organisations increased in recent years and is also key element of, for instance, the UN report that employees or individuals from The observation that environmental defen- spreading geographically. Guiding Principles for Business and their target group have received death th- ders are particularly at risk of violence is SSNC has compiled the organisation’s Human Rights and the OECD Guidelines for reats or even been killed for defending the not new. In a 2017 UN report on the situa- statistics on the countries where assassi- Multinational Enterprises, both released in environment. tion for human rights defenders, the UN nations of environmental defenders have 2011. The goal of HRDD is to minimise the Unfortunately, this is also a risk affec- Special Rapporteur on the Situation of been reported. As indicated in the graph, potential risks and negative effects of busi- ting human rights defenders in general. In Human Rights Defenders, Michel Forst, sta- there has been a significant increase ness activities in high-risk sectors. its latest annual report, the organisation ted that: “Killings and physical attacks dis- during the period when this documenta- At the same time, these guidelines are Front Line Defenders, which among other proportionately affect those engaged in the tion has been carried out, in which 2016 not compulsory unless they are legally re- things is documenting assassinations of defence and promotion of environmental was a year when reports of murders came quired, which at present is only the case in human rights defenders worldwide, descri- rights.”32 in from no fewer than 25 countries (i.e. 13 a few countries. Repeated analyses by bes this violent trend as a “global epide- per cent of all countries in the world).34 Swedwatch and other organisations rather mic”. In 2018 alone, 321 human rights defen- indicate that companies often carry out ders were reported to have been killed in 27 Fig 7. Number of countries with environmental defender death cases, per continent 2002–2018. their exploitation of natural resources different countries.30 Numbers without using HRDD processes or consul- If we take a closer look at the Front Line 25 ting the people affected. Defenders figures for 2016–2018 in the Latin America Asia Australia graph, we may also make two important Africa Europe observations: 20 FigAntal 6.Number dödade of human människorättsförsvarare rights defenders killed in total,totalt and och proportion andel miljöförsvarare of these being related av dessa, to environment, 2016–2018. 2016–2018.

Number of people Statistics from Global Witness. Figures regar- 15 ding the years 2002–2011 are based on secondary 350 data and should therefore be interpreted with caution.

300 321 312 10

281 250 77%

67% 5 200

150 49%

100 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018

50 31. As initially stated, it is important to stress that the con- 32. Situation of Human Rights Defenders, United Nationals cept of environmental defenders not only includes people General Assembly, A/72/170, 19 July 2017. working in an environmental organisation or activists with 33. Enemies of the State? How Governments and Business a passionate interest in the environment. An environ- Silence Land and Environmental Defenders, Global 2016 2017 2018 mental defender may just as well be a farmer in a rural Witness, July 2019, p. 9. area, indigenous people living on and cultivating forests 34. Global Witness points out that its database, upon and land or guards working in national parks engaged in which its statistics are based, does not contain reliable 29. Höj ribban för företagen! En granskning av hållbarhets- International, Diakonia, FairAction, Februari 2019, p.. 8 protecting animals. An environmental defender is defined information on the number of people killed before 2012, as redovisningar ur ett människorättsperspektiv, Amnesty 30. Front Line Defenders Global Analysis 2018, Front Line as someone who, through peaceful means, has chosen to a different methodology was used at that time. Defenders, 2019, P.. 4 defend the environment.

30 31 4.5. Indigenous people are the most groups are dependent on the rainforest for resistance. They organise themselves in A number of studies have shown how sta- exposed their survival. Oftentimes, the world’s order to have a stronger voice and to have tes over the years have granted land and Since 2015, the organisation Business and poorest live off the resources provided by influence over processes with a direct im- concession contracts for logging, soybean Human Rights Resource Center (BHRC) has the forest. They are also the ones hit the pact on their lives. That is what has happe- plantations or mining, in contravention of documented company-related attacks on hardest when natural forests are cut down ned in the cases from Brazil and South the UN principles and despite the fact that human rights defenders (i.e., a category and converted into plantations (e.g., for the Africa that we present in this report. And the land has been cultivated for a long time broader than those exclusively fighting to production of palm oil). this is often what had happened to the vul- by indigenous people and local communi- defend the environment) and has registe- Indigenous people are often politically nerable groups of people represented by the ties.40 Nor does the situation seem to be im- red 1,486 cases in its database up to 2018.35 marginalised. They rarely belong to the human rights lawyer Ben Ramos in the proving at present. When the United As we can see, indigenous people are economic or political elite and are often Philippines in the final case study we will Nations Special Rapporteur on the Rights highly over-represented in the statistics. discriminated against on the basis of lang- present. He was eventually killed for his of Indigenous Peoples, Victoria Tauli- Indigenous people are estimated to only uage, religion and/or culture. Furthermore, work. Corpuz, recently gave a speech at the make up five per cent of the world popula- the land rights of indigenous peoples are Companies and governments often look United Nations Permanent Forum on tion. At the same time, however, this group rarely recognised, despite relatively strong at environmental defenders and local com- Indigenous Issues, she described a worry- represents a quarter of those exposed to protections in international conventions. munities organising themselves as a thre- ing global trend of increased harassment company-related attacks.36 There are many The fact that many companies and deci- at to their activities, which, in turn, leads to and “criminalisation” of indigenous people, reasons why indigenous peoples are parti- sion-makers do not, for instance, consult conflicts. As we have seen, people are linked to their use and defence of land cularly at risk. First, indigenous people farmers who risk losing their land to soy- relocated by force and exposed to threats areas and natural resources.41 often literally live and depend on the land bean plantations, local communities and violence. They are exposed to smear that companies are interested in exploi- relocated by force before dams are campaigns, arrested and, in worst-case 4.6. Latin America – the region hit ting. For instance, indigenous people have constructed or indigenous people forced to scenarios, murdered. These confrontations the hardest the right of use to about 20 per cent of all see the forests they have cultivated and do not typically involve the extractive com- One of the most famous environmental de- land globally, and more than 60 million in- lived on for generations being cut down panies directly, but rather contracted secu- fenders of our time is Berta Cáceres. She dividuals belonging to different indigenous frequently results in people organising in rity companies, paramilitary groups or cri- was from Honduras and led the fight under- minal gangs, which frequently operate in taken by the indigenous group Lenca aga- Fig 8. Groups experiencing attacks from business sector, 2015–2018 countries with weak rule of law.38 inst the construction of the large Agua % As a way of trying to address potential Zarca dam. The dam project threatened to

35 conflicts in relation to the land areas of in- destroy villages and land areas utilised for digenous peoples, the UN has developed centuries by the people in the area. There 30 the principle of Free, Prior and Informed had been plans since 2006 to establish four

25 Consent (FPIC). The idea is that states and dams along the Gualcarque River, seen as companies have a particular responsibility holy by the Lenca. The project was carried to consult and notify indigenous peoples out by a Chinese company, the World Bank “before adopting and implementing legis- and the Honduran company DESA. The 15 lative or administrative measures that may struggle of Berta Cáceres and the Lenca 10 affect them”, according to the UN declara- contributed to a prolonged legal process tion on the Rights of Indigenous Peoples.39 and construction delays. In 2015, she was 5 The main purpose of FPIC is that indige- awarded the prestigious Goldman nous people and local communities need to Environmental Prize for her commitment. Community Indigenous Environ- Workers Press, Lawyers and Other Union Human give their consent before a decision is In March 2016, Cáceres was shot to death leader or peoples mental rights media judges member concerners group made concerning exploitation and/or ex- in her home by unknown assailants after group Over the entire period, 29% of the attacks have occurred against local community representatives, such as small hol- traction projects affecting them. having received death threats for several ders. 23% have been targeting indigenous peoples. In third place, 12%, towards people associated with environmental organisations. The common denominator for these three most vulnerable groups is that they usually live off the land and natural resources they use, alternatively work to defend it. They are environmental defenders. 38. At What Cost: Irresponsible business and the murder of land Linked to the Crisis Faced by Borneo’s Indigenous Peoples and environmental defenders in 2017, Global Witness, 2017, p.. 13 and Their Forests, Report #84, Arounsavath, F., Swedwatch, 39. UNDRIP, artikel 19 2017 and Still Banking on Land Grabs: Australia’s Big Four 37. For instance, the ILO Indigenous and Tribal Peoples 35. Read more on the BHRC website: https://www.busi- 40. See, for instance, Silent Approval: The Role of Banks Banks and Land Grabs, Oxfam Australia, 2016. ness-humanrights.org/search-human-rights-defenders Convention (169) and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

32 33 years. The assassination gained interna- the United States, a close ally to Honduras.43 recent report Rainforest Mafias by Human As a result of increasing global demand for tional attention, spurred demands for inde- A further investigation, conducted by inde- Rights Watch (HRW). Based on research raw materials, the region has seen the pendent investigations and put pressure pendent international lawyers, claimed and extensive interviews in the field, HRW emergence of a large mining industry on the Honduran police, which on unlawful that during the project, there had been “de- claims that approximately 90 per cent of during the last few decades. International grounds initially arrested an individual liberate negligence” by international finan- logging in the Amazon rainforest is illegal investments from among others China from the environmental organisation cial institutions contributing to financing and carried out by organised criminal have contributed to many “mega projects” headed by Cáceres herself. In the following the criticised dam project. This applied to, gangs capable of coordinating large-scale being carried out, in the form of dams, years, several investigations of the circum- among others, the Dutch development logging activities and processing and sel- major highways, expansions of rail stances surrounding the murder were pre- bank FMO and the Finnish development ling timber.47 networks and ports.48 However, these eco- sented. There were allegations of bribery agency Finnfund.44 It is worth mentioning that Latin nomic developments have carried a price and corruption behind contracts signed in The tragic murder of Berta Cáceres and America is a continent with many natural tag. The advances of the extractive indu- relation to the dam project, which had the surrounding facts are spectacular but resources and large supplies of minerals, stry have frequently been made out in links all the way to the Honduran Energy not unique. Latin America has long been coal, oil reserves and natural gas. Out of the areas where indigenous people have lived Authority.42 the continent where the most environmen- ten countries with the highest biological for a long time, utilising land and nature. Finally, in November 2017, seven people tal defenders are killed and where the lar- diversity in the world, five are found in The consequences, according to a study were convicted of the murder. They were gest numbers of company-related conflicts Latin America, which amounts to about 40 specifically focusing on Latin America and professional assassins who had been con- have arisen.45 A full 60 per cent of all assas- per cent of global biodiversity. Around 30 environmental defenders, have often been tracted by DESA, the company responsible sinations of environmental defenders per cent of the world’s rainforests are found “social conflict, and in many cases, conta- for the dam, to murder Cáceres, who was worldwide are carried out in Latin America in Brazil alone. These natural resources are mination, deforestation, land degradation, seen as causing the company financial los- – a region whose population represents ba- invaluable for the survival of local commu- and health problems for the indigenous ses. The investigation showed that several rely six per cent of the global population. nities and indigenous people. communities.”49 of the men were linked to the Honduran Several Latin American countries face Fig 9. Number of environmental defenders killed per continent, 2015–2018. military and intelligence services and had social and economic inequality – many previously undergone military training in groups are marginalised and poverty is wi- Europe 4 despread. A large portion of indigenous peoples do not formally own the land they Africa cultivate and live off. Many countries in the 62 region have limited rule of law as well as political systems permeated by nepotism and corruption, and it is not uncommon that there are powerful elites with strong links to decision-makers and the private sector. In the report Threats to Civic Space Asia 237 in Latin America and the Caribbean, the Latin America organisation Civicus also highlights “ex- 449 tensive corruption networks that link business interests, public officials and ele- ments of the security forces, particularly at the local level.”46 This is underlined by the

41. “Indigenous Peoples Increasingly Criminalized, Guardian, 28 February 2017, and “Berta Cáceres: Seven Harassed when Defending Rights, Land, Speakers Tell Men Convicted of Murdering Honduran Environmentalist”, Permanent Forum, Urging Greater Access to Justice Lakhani, N., The Guardian, 30 November 2018. System”, meetings coverage, http://www.un.org, HR/5433, 44. Dam Violence – The Plan that Killed Berta Cáceres, 46. Threats to Civic space in Latin America and the Carib- ca: Progress in the past decade and remaining challenges, 24 April 2019. Grupo Asesor Internactional de Personas Expertas, bean, Civicus, Dec 2016 United Nations Economic Commission for Latin America 42. “MACCIH y UFECIC presenta nuevo caso de corrupción November 2017. 47. Forest Mafias: How Violence and Impunity Fuel and the Caribbean (ECLAC), november 2014, Sektion IIIB ‘Fraude sobre el Gualcarque’ que involucra a DESA”, Medina, 45. In BHRC’s database over Latin America during the Deforestation in Brazil’s Amazon, Human Rights Watch, 49. A Deadly Shade of Green: Threats to Environmental M., Radio Americana, 4 April 2019; see also Honduras: The period 2015–2018, Brazil is at the top of the statistics, September 2019 Defenders in Latin America, Article 19, CIEL, Vermont Law Deadliest Place to Defend the Planet, Global Witness, 2017. followed by Colombia, Mexico, Guatemala and Honduras. 48. Guaranteeing indigenous people’s rights in Latin Ameri- School, 2016, p. 19 43. “Berta Cáceres Court Papers Show Murder Suspects’ In the Global Witness statistics on the same period, Brazil Links to US-Trained Elite Troops”, Lakhani, N., The is followed by Colombia, Mexico, Guatemala, Honduras and Nicaragua.

34 35 Brazil

Brazilian Ana Assis is a smallholder and president of an association that organizes female smallholders in the village of Mojui dos Campos in the Amazon.

diversity of the rainforest would not be adversely The women’s farms also serve as shields between BRAZIL affected, these families were only allowed to culti- the rainforest and soybean plantations. However, vate 20 per cent of the land they were given. some of the families who were given land in the land reform but did not organise themselves are – We have followed the rules to the letter, says Ana going to sell their land to large landowners. Assis. ”I refuse to sell my land to On an area smaller than one hectare, she grows – Even if the families receive tens of thousands of cassavas, papayas, onions, sweet potatoes, tomatoes dollars for their land, it is not enough to buy a house and beans without using pesticides. The vegeta- in the city. Instead, these families have to live in bles grow all mixed up. – That is the best way of shacks in the periphery and take low-wage jobs in the people cutting it down”. growing them, says Ana Assis. order to buy food at the grocery store. It will result The association for female smallholders in Mojuí in nothing but misery, she argues. dos Campos has 18 members struggling to keep the There will also be problems for her as she intends soybean farmers at bay. The women have on several to remain on her land. The soybean farmers use The expansion of soybean farming has already eaten into the edges of the occasions been pressured by landowners wanting genetically modified plants and massive quantities Amazon. Soybean plantations are now spreading deeper into the rainforest to buy their land to grow soybeans, but no one has of pesticides, which may ruin her own farm. with the help of highway BR-163, paved by Brazilian president Jair Bolsonaro. yet surrendered. What the women fear is that one This means that areas previously protected from soybean plantations are day they will be threatened to sell. – The rainforest is not designed for large-scale no longer safe. farming. – Those of us defending the environment lead a Ana Assis makes a livelihood selling vegetables to dangerous life. Unless we stick together, it will be school canteens in the large city of Santarém along – We woke up one day and all the trees were cut The hot sun has dried out the logs, which have been even more dangerous to live here, says Ana Assis. the Amazon River. The municipality buys these down, says 50-year-old Ana Assis. pulled up by their roots. The next step is to burn The association is trying to reduce the destruction organic vegetables for regulated prices, which have She is a smallholder herself and also chairs an down the vegetation and then plant soybeans. Ana of the world’s most important rainforest, mainly by been favourable for the women, but the conditions association organising female smallholders in the Assis’ farm is just a few kilometres away. identifying new logging operations and reporting changed after Bolsonaro took over. Only Ana and village of Mojuí dos Campos in the state of Pará in these to IPAM, Instituto de Pesquisa Ambiental da one of her daughters have been able to keep their the Amazon. The trees were cut down close to her – I’m terrified that the fire will spread, she says. Amazônia, one of the oldest and largest environ- contracts. The other contracts have been terminated. farm. Fifty years ago, her parents were given land through mental organisations in the Amazon. Without the a government land reform carried out in order to eyes of Ana Assis and her colleagues, the organisa- – Surviving in the Amazon is becoming increasing- – This is a new era. They do what they want, says populate the Amazon. The majority of families who tion would have a hard time getting an overview of ly difficult for us smallholders. Ana Assis. took up the offer were landless farmers from arid how deforestation is spreading in their part of the By: Henrik Brandão Jönsson north-eastern Brazil. In order to ensure that the Amazon. 36 37 “The food on our plates, the rings on our fingers and the wooden furniture in our homes: all too often there is a violent reality behind household items we use every day.”

Global Witness, Annual Report 2017

Humanity and the environment 5 38 Fig 10. Transnational agricultural deals with a concluded contract, 2000–2016.

This is this context in which we need to funds) have for a long time invested in consider the risks facing environmental companies contributing to deforestation in 25 000 000 900 defenders. As an increasing number of the Amazon.54 One of these companies, 800 20 000 000 areas are transformed from locally culti- soybean producer Bunge, was last year 700 600 vated land into plantations, extraction sentenced to pay an SEK 66 million fine for 15 000 000 500 areas or grassland, the number of conflicts its involvement in illegal logging. 400 involving affected people also increases. In other words, Swedish consumption 10 000 000 300 Countries such as the Philippines, and the Swedish pension funds exacerbate 200 Colombia, Brazil and India, which are all at this negative development, not only 5 000 000 Area (in hectares) 100 deals of Number the top of the list of murder rates for en- through the demand that creates incenti- 0 vironmental defenders, are also rich in na- ves for the exploitation of land but also due tural resources. Moreover, many of these to large amounts of capital flowing into resources are also exported. companies operating in the region.55 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 According to a study from Chalmers Area size under contract Number of Deals under contract University of Technology in Gothenburg, a 5.2. Traditional knowledge for Published in International Land Deals for Agriculture. Fresh insights from the Land Matrix: Analytical Report II, quarter of the Brazilian deforestation is lin- people and the environment Nolte, K., Chamberlain, W., Giger, M., 2016 ked to exports. Forests are cut down in On the other side of the spectrum, often far order to provide space for large-scale soy- from the consumers typically found in 5.1. The violent downside of ticular risks it is facing related to shrin- bean farms or to create pastures for cattle. middle- and high-income countries, there consumption king civic space. Every year, Swedish consumption alone are local communities and indigenous pe- In “The Supply Chain of Violence”, a recently Meanwhile, there is another important results in the deforestation of more than ople that for generations have managed published article in Nature Sustainability, dimension of this problem that is not rela- 1,000 hectares in Brazil, which, in turn, and cultivated the land that is now being British and Australian researchers have ted to specific factors in the countries leads to loss of biodiversity and carbon turned into large-scale agricultural land, analysed the murder rates for environmen- where violence and oppression occur: the emissions of almost half a million tonnes.53 plantations and mines. tal defenders and looked at a number of va- demand driving the exploitation of natural The two sectors in Brazil linked to the hig- The consequences for the often margi- riables in countries exposed to this kind of resources. Natural resources are now ex- hest number of deaths are the forest indu- nalised communities adversely affected violence50 The article concludes that three tracted three times faster than in 1970, stry and the agricultural sector. when states and companies exploit land factors increase the risk of attacks: while the world population has doubled in Forty per cent of the total beef imports often include uprooting and fragmentation. • Strong incentives for governments and size. According to a recent study from the to the EU came from Brazil in 2016 (141,000 This frequently leads to human rights companies to exploit natural resources. United Nations Environment Programme, tonnes). It is difficult to determine the being violated and is often a human trage- • Social exclusion of those who live off the world’s material consumption increa- exact amount sold on the Swedish market, dy for the ones directly affected. and utilise these natural resources. ses by more than three per cent annually.51 as Brazilian goods entering other EU This large-scale land exploitation is • Weak rule of law in states where en- Since 2009, the global land monitoring countries before they are transported to problematic from a number of perspecti- vironmental defenders operate. initiative Land Matrix has compiled data Sweden are not visible as Brazilian imports ves. Today large-scale agriculture is one of on large-scale land acquisition projects in in Swedish trade statistics. the major drivers behind the global loss of These observations are consistent with the low-income and middle-income countries In addition to domestic consumption biodiversity, which has resulted in the ad- situation in many of the Latin American around the world.52 The trend is clear: over being linked to and deforestation and sub- vent of what researchers refer to as “the countries studied in this report. They are the last fifteen years, the number of sequent conflicts, researchers at the sixth mass extinction” of species on earth. also consistent with the arguments pre- land-related contracts entered by multina- Stockholm Resilience Center have shown The transformation of ecosystems into mo- sented in sections 4.1 and 4.2 concerning tional corporations in low- and middle-in- that Swedish banks and the governme- nocultures in the form of large-scale farms the environmental movement and the par- come countries has increased significantly. nt-run pension funds (the so-called AP also means that we lose important carbon

53. “Agricultural and forestry trade drives large share of climate system”, i Global Environmental Change, Galaz, V., 50. “The Supply Chain of Violence”, Butt, N., Lambrick, F., Men- Resources Outlook 2019: Natural Resources for the Future We tropical deforestation emissions”, i Global Environmental Crona B., Dauriach, A., Scholtens, B., Steffen, W., vol. 53, ton, M., Renwick, A., Nature Sustainability, Vol. 2, August 2019. Want, United Nations Environment Programme, International Change vol. 56, Pendrill, F., Person, M. U., Godar, J., Kast- Nov. 2018 51. Global material consumption is at a level of around 92 Resource Panel, 2019. ner, T., Moran D., Schmidt, S., Wood, R., 2019 55.See also The Human and Environmental Cost of Land billion tonnes annually. It primarily consists of biomass (in the 52. For definitions and further reading, see 54. “Finance and the Earth system – Exploring the links Business, FIAN, Rede Social de Justiça e Direitos Human- form of food), metals, fossil fuels and minerals. See Global www.landmatrix.org between financial actors and non-linear changes in the os, CPT, 2018

40 41 sinks that help combat climate change. ledge will be crucial in order to reach the Research also shows that indigenous climate target agreed upon by world leaders. people and local communities utilise The link between human rights and the well-adapted forms of managing and using environment is becoming increasingly ob- land, which helps preserve natural habi- vious, not only in research but also from a tats. The recently published study from the decision-making point of view. In March Intergovernmental Science-Policy 2018, for instance, the UN Special Platform on Biodiversity and Ecosystem Rapporteur on Human Rights and the Services (IPBES) states that “nature is ge- Environment, John Knox (who has since nerally declining less rapidly in indige- been replaced), presented the results of his nous peoples’ land than in other lands.”56 five-year project Framework Principles on The reason is found in what is often re- Human Rights and the Environment.60 The ferred to as “traditional knowledge”. The initiative is a framework based on 16 prin- term refers to knowledge systems, tradi- ciples focusing on “the basic obligations of tions and sometimes intangible forms of States under human rights law as they re- cultural heritage found in many indige- late to the enjoyment of a safe, clean, healt- nous peoples and local communities.57 hy and sustainable environment.”61 Five of Traditional knowledge has been developed these principles have significant bearing and adapted for centuries by communities on indigenous peoples and local communi- in their local contexts in which interaction ties, and it is stated in Principle 15 that with the local environment is at the very states must be “respecting and protecting core. This knowledge includes agricultural their traditional knowledge and practices practices, hunting and fishing, developing in relation to the conservation and sustai- and improving plant species, animal hus- nable use of their lands, territories and bandry, etc. It is also manifested in the resources.” form of rituals, stories, sayings, songs, Consequently, the people currently suf- dance and other important cultural expres- fering from increasing pressure driven by sions.59 our consumption are the same people This traditional knowledge as a way of whose cultivation methods and practices life and method for managing resources are considered part of the solution for has been recognised in the Convention on reversing the ongoing destruction of the Biological Diversity (CBD) and in the work environment. of the UN climate panel. For example, the recently published IPCC report Climate Change and Land states that the contribution of indigenous peoples and their know-

56. Media Release: Nature’s Dangerous Decline ‘Un- World Intellectual Property Organization (WIPO), 2012, p. 42 precedented’; Species Extinction Rates ‘Accelerating, 59. Climate Change and Land: An IPCC Special Report on Intergovernmental Science-Policy Platform on Biodiversity climate change, desertification, land degradation, sustaina- and Ecosystem Services (IPBES), April 2019 ble land management, food security, and greenhouse gas 57. See for instance, Indigenous peoples and climate fluxes in terrestrial ecosystems, Intergovernmental Panel change Emerging Research on Traditional Knowledge and on Climate Change (IPCC), August 2019 Livelihoods, International Labour Organisation, 2019 60. Framework Principles on Human Rights and the 58. Glossary of key terms related to intellectual proper- Environment: The main human rights obligations relating ty and genetic resources, traditional knowledge and to the enjoyment of a safe, clean, healthy and sustainable traditional cultural expressions, WIPO/GRTKF/IC/22/INF/8, environment, United Nations Human Rights Special Proce- Intergovernmental Committee on Intellectual Property and dures, Knox, J.H, 2018 Genetic Resources, Traditional Knowledge and Folklore, 61. Ibid, p. 3 The Karen people found in Burma and northern Thailand feed on rice crops to a large extent in the mountainous areas they inhabit.

42 43 ”Generally, after the Maidan Revolution of 2014 civil society’s space in Ukraine dramatically expanded. In 2014–2015 representatives of CSOs and independent experts became key players in national policy-making.”

Environmental defender, Ukraine

Rays of hope 6 44 45 The previous chapters have shown that en- subsequently elected to parliament. The the UN Environment Programme (UNEP), Finally, Greta Thunberg and the movement vironmental defenders and the environme- organisation describing this development together with a number of CSOs, has laun- she has contributed to naturally deserve ntal movement are increasingly at risk. We stresses that these changes clearly do not ched the resource portal www.environme- mention. This 16-year-old climate activist have seen many examples from SSNC part- mean that the government always takes nt-rights.org, which supports environmen- whose Friday demonstrations outside the ner organisations and other actors in the the suggestions of NGOs into considera- tal defenders at risk. Swedish parliament have resulted in a glo- environmental movement indicating that tion. Nonetheless, the processes have be- In March 2018, the so-called Escazú bal movement of young people involved in in many parts of the world, things are come much more transparent and inclusive. Agreement was adopted by 16 states in the climate issue. Under the slogans of heading in the wrong direction. In Senegal, another organisation reports Latin America and the Caribbean. This ag- Fridays For Future and Global Strike For Nevertheless, there are also places where that Civic space is growing. They consider reement seeks to strengthen the rights of Future, young people in over a hundred developments have instead turned in a po- the state an ally in their environmental citizens linked to environmental issues countries organised climate strikes in sitive direction, where people’s resistance work and report that they enjoy the right and it contains special sections on en- 2019. How this movement will develop is and joint fight for justice have yielded re- and freedom to carry out their activities as vironmental defenders. In March 2019, the still uncertain. In all likelihood, however, sults. This offers hope and shows that the they see fit. They have furthermore not government of Norway pushed through an we are witnessing the beginning of a broad global trends we observe today are not per- been subjected to any kind of confronta- important resolution concerning environ- global youth movement for climate, whose manent. tions or threats as a result of their commit- mental defenders in the UN Human Rights progress will hopefully also have a positive One of these countries is Ethiopia, ment to the environment. Council.65 Read more about both of these impact on the risks that the environmental where several SSNC partner organisations These particular examples are clearly documents in the section below on The movement is currently facing. operate. In the wake of the popular protests anecdotal but nevertheless point toward a rights of environmental defenders in inter- in 2017, the government led by the new trend detected by several observers. For ex- national conventions. prime minister Abiy Ahmed has opened up ample, in its latest annual report, civil so- for a dialogue with civil society as part of ciety network Civicus writes that “2018 was the reform processes currently in progress. a year when all around the world, people In February 2019, a new law regulating civil from communities denied power rose up to society was approved that not only facilita- challenge their exclusion.”64 Amnesty tes administrative processes but also ena- International presents a similar line of ar- bles CSOs to carry out advocacy work, gument in its latest annual report. which used to be illegal.62 Similarly, the issue of shrinking Civic In Ukraine, a partner organisation re- space and threats against human rights ports that Civic space grew significantly and environmental defenders has been after the so-called Euromaidan Revolution placed higher on the global political agen- in 2014.63 During 2014–2015, this space ope- da. A number of networks, including the ned up to the extent that representatives of Vuka! Coalition for civic Action and Defend various CSOs and independent experts the Land and Environmental Defenders were given the opportunity to play key Coalition have been formed and an increa- roles in different reform processes. They sing number of organisations are now acti- were thus given a direct influence over the vely carrying out advocacy work in a varie- political agenda and contributed to legisla- ty of forums. This has started to show tive processes. Several former activists be- results in the UN system and has led to in- came involved in political parties and were dividual states taking action. For example,

Boats with vegetables arrive at the fishing village of Ganvie in Benin, West Africa. 62. “Ethiopia’s New Civil Society Law”, Townsend, D., the beginning of 2014, these protests led to a rebellion aga- INCLUDE – Knowledge Platform on Inclusive Development inst the government, and after hard clashes in Kiev where Policies, 11 March 2019. many people were killed, president Viktor Yanukovych 63. The Euromaidan Revolution consisted of political was on 22 February removed from office by the Ukrainian 65. “Council Unanimously Recognises Vital Role of protests initiated in the Ukrainian capital Kiev in November parliament. Environmental Human Rights Defenders”, Ineichen, M., 2013 that then spread to several other Ukrainian cities. At 64. State of Civil Society Report 2019, Part 2: Challenging International Service for Human Rights, 21 March 2019. Exclusion and Claiming Rights, Civicus, 2019, p. 62.

46 47 Philippines

THE PHILIPPINES The entire Ramos family on an excursion in the Philippine mountains. Her husband was murdered – Holding the perpetrators accountable by pushing the police and the military. Thirty environmental the issue towards the government or authorities defenders were murdered in 2018 alone, but the – she carries on his struggle would be pointless – they have created the structu- number of unrecorded cases is large and the true res that got Ben killed, says Clarisa Ramos and figure is probably even higher. continues: “Last year was difficult. We are trying to get by in a situation that is new – The situation for environmental defenders is only – We will continue our fight to hold the true culprits for the entire family, where grief is ever-present”, says Clarisa Ramos from getting worse. More and more voices go silent. More in Duterte’s administration accountable and to put and more people are killed. The democratic space an end to the death squads operating on behalf of the Philippines, widow and mother of three. A late night in November last in which civil society could previously operate is the state. We need to stand up to threats and vio- year, her husband, Ben Ramos, was gunned down outside his job by two vanishing. It is now open season for companies lence and continue our work for human rights and masked men on a motorcycle. He was killed for standing up for justice, and individuals who do not care one bit about the our remaining natural resources. We don’t have any democracy and the environment. Clarisa now continues the work that her environment to ravage the natural wealth of the other choice, says Clarisa Ramos. husband initiated. Philippines.

By: Markus Håkansson She has now taken over the position of executive 10 december director of the organisation PDG – the position once Ben Ramos was well known in the Philippines as a again appeared. They kept themselves at a distance held by her husband. It is a vulnerable position. #Light4Defenders lawyer fighting corrupt decision-makers and the ex- but sent a clear message to Ramos’ loved ones by Both Clarisa Ramos and her colleagues have to put On 10 December each year, on the International Human ploitation of natural resources by large corporations. visibly displaying their automatic weapons. The po- up with intimidation and death threats – mostly Rights Day, SSNC highlights all the environmental de- He was involved in defending the rights of vulnera- lice were called to the scene and the two men, who from individuals and organisations linked to the fenders around the world. This is done under the ble groups – farmers, fishermen and environmental were later found to belong to the national military, military. The organisation PDG has been referred hashtag #Light4Defenders. defenders. He served as the executive director of were arrested. They were released on bail the very to as an enemy of the state. Clarisa herself is under Paghidaet Sa Kauswagan Development Group (PDG), next day. Ben Ramos lived to be 56 years old. surveillance and her name is on lists of prioritised On 10 December 2018, seventy years after the UN a civil society organisation assisting farmers in the Grief has become a part of life for the Ramos family. targets. Just days after Ben Ramos was murdered, Declaration of Human Rights was adopted by its mem- province of Negros on the island of Mindanao in the It is always present. Sometimes manageable. Some- PDG employees Felipe Levy N. Gelle and Enrita ber states, SSNC arranged the first manifestation – this south of the country. He was also involved in the times not. His two daughters study at university but Caniendo received death threats. The letters said time with the hashtag #Light4Ramos. In Stockholm and farmers’ organisation Masipag, which has been an find it difficult to take the short journey back home “Your time will come. One by one. You’re next.” The at the climate conference COP24 in Katowice, Poland, SSNC partner organisation for two decades. – the memories still hurt too much. His son is still letter included an illustration depicting the faces of 217 candles were lit – one for each individual who, just in primary school and lives at home with Clarisa. Felipe and Enrita in open coffins. like Benjamin Ramos, had been killed for standing up Ben Ramos was working late on 6 November 2018. But in the midst of the grief, there is also anger. for human rights and the environment during 2018. As he left for the day just after 10 p.m., two masked Frustration. Ben is gone forever, but his killers are The Philippines has become the most dangerous men on a motorcycle drove up beside him. Three still at large. Both the police and the responsible au- country in the world for environmental defen- shots were fired and Ramos fell to the ground. It thorities have either shut down their investigations ders and there are few or no signs that this trend was not possible to save his life. At the funeral a or simply ignored the case. Witnesses are afraid to is turning. President Rodrigo Duterte has singled few days later, unknown men on motorcycles once come forward in case they too become targets. out “obstructive” lawyers as legitimate targets for 48 49 ”Conflicts are the results caused by the government and the private sector who are exploiting the lands, forests and resources of indigenous communities.”

Environmental defender, South-East Asia

Conclusions: Dual pressure 7 50 Civil society has suffered under the global ment or business interests, the police and on the land for generations are often the celerating extinction of species will over backlash against democracy and human judiciary in these countries often turn out losers in this quest for natural resources.66 the coming centuries fundamentally alter rights. In this report, we have given examp- to be reluctant to protect the victims or pro- The picture presented above thus shows the conditions for our societies unless les of the risks that many organisations in secute the perpetrators. that the environmental movement and en- drastic measures are taken. the environmental movement around the In Latin America, we also see how the vironmental defenders face a form of dual Local communities and indigenous pe- world face. We have demonstrated that the link between weak/corrupt states, vulnera- pressure. On the one hand, environmental ople possess the knowledge and cultiva- overwhelming majority of our partner or- ble groups (often indigenous people), abun- organisations, just like other organisation methods needed to combat this ong- ganisations find it increasingly difficult to dant natural wealth and the exploitation of tions, experience pressure from states that oing destruction of the environment. The carry out their planned activities as a re- natural resources by companies puts the are reducing Civic space. On the other dual gain of including local communities sult of the violations they are encounte- continent at the top of the list when it hand, a growing number of conflicts with and indigenous people in, for instance, ring. Surveillance, slander, threats and a comes to the number of killed environmen- companies arise as a result of an increa- local management plans and dialogues on troubling frequency of attacks are com- tal defenders. sing exploitation of natural resources, re- extraction projects should thus be clear: it mon, directed both towards the organisa- There are also examples of how the sulting in more environmental defenders reduces the risk of conflicts turning violent tions themselves and their target groups. trend of authoritarian leadership may being killed annually. There needs to be while also increasing the chances of natu- We have also shown that a large portion contribute to the increased exploitation more focus on this dual pressure in the on- re being stewarded in a responsible man- of the organisations participating in the faced by the environmental movement. For going debate about shrinking Civic space ner in the future. questionnaire have experienced or are instance, it is no coincidence that Brazil and the measures required for addressing it. In order to avoid a global environmental aware of confrontations with companies. and the Philippines are at the top of the Meanwhile, the fact that the global en- catastrophe, decision-makers must unite Through our review of company-related global list of countries with the highest vironmental movement and environmen- to take bold steps. The private sector must conflicts globally in the BHRC database, we numbers of reported deaths of environme- tal defenders around the world are threa- moreover take sustainability more serious- have seen that the majority of those at- ntal defenders. Both of these countries are tened is not just a problem from a ly than they are currently doing. This re- tacked represent local communities, indi- run by presidents (Bolsonaro in Brazil and democratic and human rights perspective. quires a strong environmental movement genous people and people working in en- Duterte in the Philippines) who have used As stated earlier in this report, humanity is capable of mobilising, influencing, deman- vironmental organisations – what we refer rhetoric severely criticising civil society in all likelihood facing the most difficult ding accountability and implementing the to as environmental defenders. When com- and depicted the environmental movement task it has ever faced. Earth as an ecosys- changes required. Environmental defenders piling the Global Witness statistics, we also in particular as a threat to the development tem is currently changing at an alarming who are now under attack must be seen as see that the majority of recorded deaths are of their countries. In both countries, there rate. The continuing increase in greenhou- our allies. The world needs to stand up for linked to the mining, agricultural and fo- is also a large number of international cor- se gas emissions and the ongoing and ac- their right to defend our common future. restry sectors. porations and investors competing over This report has also analysed why con- access to valuable land. flicts arise and escalate, arguing that they The realisation that the extractive indu- are partially the result of many companies stries and land industries are responsible failing to respect human rights and not en- for a large portion of the violence facing en- gaging in proper dialogues with the com- vironmental defenders leaves a bitter after- munities affected by exploitation. At the taste for wealthy consumers in high-income same time, however, companies do not countries. In the words of Global Witness: operate in a vacuum. Harassment, violence Ultimately, attacks against land and en- and murder are illegal in all societies eve- vironmental defenders stem from our vora- rywhere and would not be possible if go- cious appetite for agricultural goods like vernments took more responsibility for palm oil and coffee, and for fossil fuels, mi- their citizens. According to Global Witness, nerals and timber. Extracting these resour- nearly half of the environmental defenders ces requires an increasing amount of land, that have been murdered reported that turning it into a highly prized commodity. they had been subjected to threats and ha- Communities who have lived and worked rassment before they were killed. Few murder cases are solved. When violence 66. At What Cost? Irresponsible Business and the Murder affects marginalised groups or people who of Land and Environmental Defenders in 2017, Global Lumber workers loading felled tree trunks onto truck from rainforest in Sumatra, Indonesia. are seen as posing a threat to the govern- Witness, 2018, p. 7.

52 53 The rights of environmental defend ers in international conventions

States rapporteur on human rights defenders, based on and incorporated in the United The private sector According to international law, states are re- who since then has acted as an expert and Nations Declaration on the Rights of The private sector has a responsibility to res- sponsible for their own territory and the safe- provided the UN with information on the Indigenous Peoples (UNDRIP), the United pect and support human rights, including ty of the people within it. The threats against threats faced by human rights defenders as Nations Convention on Biological Diversity drawing attention to and combating human civil society organisations and the abuses well as recommendations on how to better (CBD) and the Indigenous and Tribal Peoples rights abuses. The basis for corporate re- described in the report are not only crimes protect them. Convention (ILO convention 169). Together, sponsibility is found in the 2011 United against the national laws of these individual The United Nations Human Rights these three conventions represent the most Nations Guiding Principles on Business and countries but also against a number of inter- Council (UNHRC) has also adopted a num- powerful and comprehensive international Human Rights. These guidelines apply to “all national conventions and declarations. ber of important resolutions related to this instruments in relation the special rights of states and to all business enterprises, both The United Nations Universal issue. In 2016, a resolution was adopted as- indigenous people linked to the responsibili- transnational and others, regardless of their Declaration of Human Rights from 1948 re- signing human rights defenders and civil ty of states and companies. size, sector, location, ownership and structu- gulates the relationship between states society a key role in efforts to protect re.”73 These principles address the responsi- and individuals. In this declaration as well human rights. The resolution also calls Regional mechanisms bilities of both states and companies. As part as through the two United Nations conven- upon states to recognise the unique role of The Aarhus Convention72 was signed in June of the responsibility of states, it is stressed tions of 1966,67 the individual is granted a human rights defenders while also stres- 1998 by the EU (EC at the time) and all its that they are obliged to prevent, punish and long list of rights and fundamental free- sing the responsibility of companies to “re- member states. The convention regulates the address violations of human rights carried doms, including the right to be protected spect human rights, including the rights to right of citizens to access information, parti- out by companies. Companies must, regard- from abuse. These conventions also set out life, liberty and security of person of cipate in decision-making processes and less of the behaviour of the state, act in a way the state’s obligations (acted out through human rights defenders” in their business have access to justice in environmental mat- that not only respects human rights but also their governments) to uphold these rights operations.70 In March 2019, UNHRC also ters. This convention is not designed with actively seeks to prevent negative consequ- and to protect individuals from having adopted the first resolution specifically fo- the problems facing environmental defen- ences from arising as a result of their activities. their rights violated. cusing on environmental defenders. ders specifically in mind. Nonetheless, it A key element of the UN principles is the The Universal Declaration of Human The United Nations Environment links environmental issues and human section on so-called Human Rights Due Rights guarantees every individual “the Programme (UNEP) has also increased its rights and has been described as the most Diligence (HRDD). This process includes an right to freedom of peaceful assembly and focus on environmental defenders; for in- advanced international regulatory fra- analysis of how business operations may af- association” (Article 20), which has been stance, through the policy Promoting mework for the right to participation with fect those concerned. It also includes inte- repeated in a number of conventions and Greater Protection for Environmental regard to environmental issues. The conven- grating and acting on the results of the ana- resolutions adopted by the United Nations Defenders.71 One of the strengths of this po- tion has been signed by 47 parties from lysis, monitoring and evaluating the steps over the years. This applies not only to citi- licy is that it not only confirms the obliga- Europe and Central Asia. that have been taken and, finally, communi- zens’ rights to organise themselves but tion of states to protect their citizens, it The regional Escazú Agreement is strong- cating how the company has acted and also addresses the right of NGOs to seek also highlights the need for companies to ly influenced by the Aarhus Convention and handled the situation during the course of its and obtain financial resources, including take more responsibility in order to protect was signed by twelve countries in Latin operations. receiving funds from foreign donors.68 environmental defenders. America and the Caribbean in March 2018 in There are a number of international gui- As mentioned above, indigenous people Escazú, Costa Rica. Just like the Aarhus delines for the private sector, including the United Nations are particularly at risk, as they often inha- Convention, this agreement seeks to st- OECD Guidelines for Multinational In 1998, the United Nations General bit areas of interest to the forestry, mining rengthen the rights of the public in terms of Enterprises and the United Nations Global Assembly adopted the UN Declaration on and agricultural sectors. Meanwhile, indi- access to information and participation in Compact (a voluntary initiative aimed at the Human Rights Defenders. This was the first genous people have special rights under relation to environmental processes. The private sector). Right now, the United Nations international resolution to explicitly reco- international law, according to which their Escazú Agreement obliges signatories to Working Group on Business and Human gnise the right to stand up for and defend participation is key when projects are im- specifically protect environmental defenders Rights is developing specific guidelines for human rights, as well as the obligation of plemented on the land they are entitled to from threats and/or attacks and to investiga- states and companies on actions to support states to ensure this right.69 Shortly after, use. This principle is referred to as Free, te and bring perpetrators to justice. To date, and protect human rights defenders (which the UN also created the position of special Prior and Informed Consent (FPIC). FPIC is the agreement has been signed by seventeen includes environmental defenders). These gui- countries and ratified by five. delines are expected to be completed in 2019.74

67. The International Covenant on Civil and Political Rights Assembly, A/HRC/23/39, 2013. During the last year, the and the International Covenant on Economic, Social and question of external funding has become an increasingly Cultural Rights. noticeable way for states receiving development assistance Special Rapporteur on the Rights to Freedom of Peaceful Social and Cultural Rights, Human Rights Council Resolution 68. For an overview, see Report of the Special Rapporteur on (so-called DAC countries) to control and limit the ability of Assembly and of Association. See the above report. 31/32, 24 March 2016, Article 18. the Right to Freedom of Peaceful Assembly of Association, civil society to operate, often under the pretext of combating 69. General Assembly Resolution A/RES/53/144. 71. Promoting Greater Protection for Environmental Defen- Maina Kiai, Human Rights Council, United Nations General terrorism. This has been recognised and criticised by the 70. Protecting Human Rights Defenders, whether Individu- ders, Policy, United Nations Environmental Programme, 54 als, Groups or Organs of Society, Addressing Economic, 2018, p. 1. 55

Demands to the United Nations • Protect the right of civil society to participation and influence. The UN needs to coun- ter the ongoing trend of shrinking Civic space, which is restricting the ability of civil society to participate in decision-making at the international level.75 Any attempt by a member state to restrict the involvement of civil society in UN-led processes must be called out immediately and addressed in words and in deeds by the relevant UN body.

• Ensure long-term funding of UN human rights mechanisms and processes. The cut- backs affecting key UN human rights mechanisms need to be reversed. The issue must be addressed at the highest political level of the UN system. UN member states must guarantee long-term funding for UN human rights mechanisms.76

• Strengthen the link between the environment and human rights in international regulations. Apart from a number of non-binding Treaties, there is no global instrument recognising the right to a healthy environment. The 16 Framework Principles presented by the UN Special Rapporteur on Human Rights and the Environment should serve as a point of departure for e.g. the UN General Assembly to adopt such a resolution.77

Demands to the European Union • Establish a European civil society coordinator. The trend of shrinking Civic space also concerns Europe. The European Commission should immediately develop a strategy for safeguarding civil society, including guidelines on how it should be implemented by EU member states. This strategy should include the establishment of an EU civil society coordinator, responsible for monitoring the situation for civil so- Demands from the Swedish Society for ciety in the EU and act as a point of contact for organisations reporting abuses against and restrictions of their work.78 Nature Conservation • Strengthen the position of the Aarhus Convention in the EU. The compliance committee of the Aarhus Convention has noted that on several occasions, the EU has not As we have seen in this report, the risks facing environ- complied with the provisions of the convention regarding access to justice. SSNC is of the opinion that at the next meeting of signatories in 2021, the EU needs to accept and mental defenders are linked to a number of different but act upon the conclusions of the Compliance Committee. The European Commission often interacting factors. It is essentially about states not should also draft the required legislation so that citizens and environmental organisations in the EU may actually enjoy the rights stipulated in the Aarhus Convention. complying with international commitments or taking responsibility for the basic security of their citizens. The • Introduce human rights due diligence requirements at the EU level. Introduce EU legislation on HRDD. A harmonised framework for every company in Europe would cre- problem is however also part of a global trend and, as we ate clarity for the private sector and represent an important step to reduce the abuse have seen, there are strong links to companies that do not of human rights- and environmental defenders.79 This would also be in line with the recommendations already presented by the European Parliament. take responsibility for the consequences of the accelerating exploitation of natural resources driven by their opera- 75. The Backlash against Civil Society Access and Partici- – Expanded Version) – Recommendations to the European tions. Considering the complexity of these problems and pation at the UN, International Service for Human Rights, Commission by the Subgroup on “GOVERNANCE, COHE- Foreign & Commonwealth Office, 2018. RENCE AND RULE OF LAW”, Multi-Stakeholder Platform on the dual pressure facing environmental defenders, SSNC 76. See also the appeal “Open NGO Letter Regarding the Cri- the Implementation of the Sustainable Development Goals tical Funding Gap Affecting UN Human Rights Mechanisms in the EU, European Commission, 26 April 2019. here presents its requirements to a number of actors. and the Office of the High Commissioner for Human Rights”. 79. See further Access to Legal Remedies for Victims of 77. See UN Expert Calls for Global Recognition of the Right Corporate Human Rights Abuses in Third Countries, Policy to Safe and Healthy Environment, United Nations Human Department for External Relations Directorate General for Rights Office of the High Commissioner, 5 March 2018. External Policies of the Union, PE 603.475, February 2019, 78. See Governance, Coherence and Rule of Law (Paper II Section 6.2.

56 57 Demands to states Demands to the private sector • Prevent conflicts and address their causes. Governments need to actively seek to en- • Stand up for human rights. Companies need to go from words to action and support the sure that extractive projects are transparent, free of corruption and, in particular, car- demands from civil society on binding HRDD. They need to incorporate sustainability ried out in dialogue with affected communities. Companies must be required to carry into their operations in accordance with the UN Sustainable Development Goals and get out rigorous HRDD processes. Communities affected by land and environmental ex- involved in well-informed efforts to strengthen human rights. ploitation must be informed at an early stage and given the opportunity to exert influence. The principle of Free, Prior and Informed Consent (FPIC) must always apply to • Always perform consultations and risk analyses in relation to sensitive projects. The areas where indigenous people live and cultivate their land. fact that people organise themselves to protect their land or their environment should not be seen as a threat. Rather, it is often a natural consequence of changes in people’s • Stand up for civil society and environmental defenders. An active civil society is at local surroundings. Companies that extract or use raw materials from conflict-related the heart of every functioning democracy and legislation must be drafted to facilitate sectors should, regardless of national legislation, carry out HRDD.81 Affected local com- the ability of organisations to carry out their activities. The United Nations munities must be included in consultation processes. If projects concern indigenous Declaration on Human Rights Defenders must be promoted and should be implemen- people, the principle of FPIC – Free, Prior and Informed Consent – should apply in accor- ted nationally by means of suitable legislation. Specific public authorities should be dance with the ILO Convention 169.82 given the task of monitoring and actively addressing the risks facing both civil society and environmental defenders. • Invite civil society. In order to get a first impression of the situation in the region and sector, as well as of how to carry out initial contacts and regular consultations with stake- • Develop National Action Plans. The United Nations Working Group on Business and holders, there is no better way than turning to well-informed CSOs. Civil society has its Human Rights calls upon all states to develop and adopt National Action Plans on bu- finger on the pulse, works with local target groups and performs regular analyses of the siness and human rights (so-called NAPs) and has also developed guidelines on how situation in the areas in which they operate. Strategic consultations with civil society to implement them.80 As part of this process, states should consult human rights de- need to become an integral part of the regular operations of multinational corporations. fenders and address how they intend to guarantee their rights. Demands to civil society • Build broad alliances in civil society. At a time when the very foundations of civil Demands to the government of Sweden society are challenged, broad alliances are necessary to combat this trend. The • Show courage in the international community. Sweden enjoys a good reputation in- trade union movement, the women’s movement, human rights organisations, the ternationally, which is why the Swedish government is able to influence other environmental movement and other related movements all need to strengthen countries. The government needs to build alliances of progressive states and coope- their collaboration and discuss the problems they face as well as strategies to rate with the UN special rapporteurs. Sweden also needs to draw attention to the iss- address them. Initiatives such as the VUKA! Coalition for Civic Action, the ues and start bilateral dialogues with states that are actively contributing to the trend Belgrade Call to Action and the European Civic Forum are all examples of plat- of shrinking Civic space. In relevant contexts, Sweden should advocate for binding forms that may serve as points of departure for collaborations. HRDD rules for companies. • Demonstrate the importance of an active civil society. Civil society needs to get better at • Create a Development policy promoting civil society – beyond Development not only standing up for their right to operate but also demonstrating the added value of Cooperation. International development cooperation needs to be more flexible. an active civil society to states and companies, in terms of addressing the challenges Swedish embassies may serve as “safe spaces” for vulnerable CSOs, human rights facing the world. For example, in its report Development Needs Civil Society, ACT and environmental defenders who need to get together and discuss strategies. In its Alliance83 demonstrates how contributions from civil society are a prerequisite if the International Relations, Sweden should highlight civil society in both words and world is to achieve the 17 Sustainable Development Goals within the framework of the deeds. For instance, civil society representatives may be included in Swedish trade 2030 Agenda.84 delegations, conference delegations and ministerial visits. • Support human rights defenders and movements – not just organisations. The global • Phase out unsustainable investments. Sweden needs to take stronger action by phas- trend over the last few decades has moved towards formalising and bureaucratising in- ing out investments and export credits that, by their very nature, are incompatible ternational development cooperation. As the conditions for civil society are deteriora- with sustainable development (e.g., fossil fuel activities). In addition to phasing out ting in many countries, donor organisations need to adapt their methods and demon- operations that are harmful to the environment, Sweden must ensure that invest- strate a higher level of flexibility. Funds must be earmarked to strengthen the internal ments do not contribute to human rights being curtailed. One way of controlling in- security efforts of partner organisations. The ability to quickly reprioritise activities vestments and guiding Swedish companies would be the introduction of a risk analy- within projects needs to increase, as well as the ability to support not yet formalised sis system operating across governmental agencies. Such a system would provide a initiatives and alliances contributing to a stronger civil society. thorough analysis of whether a particular area and/or sector is suitable to invest in.

82. See, for instance, Extractive Industries and Free, king with both humanitarian and development aid globally, 80.Guidance on National Action Plans on Business and regarding both HRDD and FPIC. One example is the detailed Prior and Informed Consent of Indigenous Peoples, Asia consisting of 155 members in over 140 countries. Human Rights, UN Working Group on Business and Human Shared Space Under Pressure: Business Support for Civic Indigenous Peoples Pact’s Handbook, AIPP, 2019. 84. Development Needs Civil Society – The Implications Rights, Geneva, November 2016 Freedoms and Human Rights Defenders, Business & Human 83. ACT Alliance is the largest coalition of Protestant and of Civic Space for the Sustainable Development Goals, 81. There are several good guides available for companies Rights Resource Center, International Service for Human Orthodox churches and church-related organisations wor- Synthesis report for ACT Alliance, April 2019. Rights, August 2018. 58 59 Since 2018, SSNC is collaborating with Friends of the Earth International on the protection of environmental defenders and the development of a platform called the Internationalist Solidarity System (ISS). The ISS is a way to build capacity in the movement to prevent systematic attacks, protect and support environmental defenders and communities at risk and together with likeminded organisations take action against the root causes of the current situation for environmental defenders.

http://virtual.foei.org/ehrd/

ProtectDefenders.eu is the European Union programme for protecting human rights defenders. It was launched with the aim of assisting individuals and local organisations in urgent need of protection. The programme is run by a consortium of twelve civil society organisations active in the field of human rights. Individuals in danger may at any time contact ProtectDefenders via their hotline or apply for financial support.

https://protectdefenders.eu

Civicus is a global alliance of civil society organisations and activists working to strengthen civil society around the world as well as the right of citizens to organise themselves. Civicus has more than 4,000 members in 175 countries. The Support to environmental defenders Johannesburg-based organisation monitors the situation for civil society worldwide through its Civicus Monitor. It also offers a substantial list of resources with tools that may be used by civil society organisations in order to strengthen A number of institutions and organisations work specifi- their capacity. cally with the issue of civic space and the risks facing https://www.civicus.org/ human rights and environmental defenders. Here is just a sample for further reading:

60 61 Sources A Deadly Shade of Green: Threats to Environmental Climate Change, Desertification, Land Degradation, Sustai- Defenders in Latin America, Article 19, CIEL, Vermont Law nable Land Management, Food Security, and Greenhouse School, 2016: https://www.ciel.org/wp-content/uplo- Gas Fluxes in Terrestrial Ecosystems, Intergovernmental ads/2016/08/Deadly_shade_of_green_English_Aug2016. Panel on Climate Change (IPCC), August 2019. pdf Climate Change and Poverty – Report of the Special Website of the United Nations Special Rapporteur on the Situation of Human Rights “A Third Wave of Autocratization Is Here: What Is New Rapporteur on Extreme Poverty and Human Rights, A/ Defenders. This position is currently held by Michel Forst of France. The role of spe- about It?”, in Democratization, Lührmann, A., Lindberg, S. I., HRC/41/39, Human Rights Council, Forty-first session, cial rapporteur was established in 2000 by the UN Commission on Human Rights 1 March 2019: https://www.tandfonline.com/doi/full/10.10 June 2019. 80/13510347.2019.1582029 established with the purpose to support the 1988 UN Declaration on Human Rights Conflict Sensitivity and Conflict Perspective: An Assignme- Defenders. The special rapporteur acts completely independently in his role and re- Access to Legal Remedies for Victims of Corporate Human nt for SSNC, Alffram, H., Modéer, P., Rightshouse, 28 March gularly reports to the United Nations on the global situation for human rights defen- Rights Abuses in Third Countries, Policy Department for 2018. External Relations Directorate General for External Policies ders. The e-mail address [email protected] may be used by commu- of the Union, PE 603.475, February 2019: https://www. “Council Unanimously Recognises Vital Role of Environme- nities or individuals fearing or experiencing threats linked to environmental issues. business-humanrights.org/sites/default/files/documents/ ntal Human Rights Defenders”, Ineichen, M., International EXPO_STU%282019%29603475_EN.pdf Service for Human Rights, 21 March 2019: http://www.ishr. https://www.protecting-defenders.org/ ch/news/hrc40-council-unanimously-recognises-vital-ro- “Agricultural and Forestry Trade Drives Large Share of le-environmental-human-rights-defenders Tropical Deforestation Emissions”, in Global Environmental Change #56, Pendrill, F., Person, M. U., Godar, J., Kastner, Dam Violence – The Plan that Killed Berta Cáceres, Grupo T., Moran D., Schmidt, S., Wood, R., 2019: Asesor Internactional de Personas Expertas (GAIPE), https://reader.elsevier.com/reader/sd/pii/ November 2107: https://gaipe.net/wp-content/uplo- S0959378018314365?token=BA5DF477F82977DE- ads/2017/10/Exec-Summ-Dam-Violencia-EN-FINAL.pdf 24388D27BB087B4A99A597BFD9F7EB52B00DED744DE- D7E42EA28ED0CF80740E63D688479AB29B621 Defending Their Rights, Risking Their Lives: Shrinking Civic Space and Extractive Industries, Forum Syd, 2018: “Aid Barriers and the Rise of Philanthropic Protectionism”, https://www.forumsyd.org/sites/default/files/2018-06/ The London-based organisation Global Witness works on monitoring abuses and Rutzen, D., International Journal of Non-for-Profit Law, Vol. Defending%20their%20rights%2C%20risking%20their%20 murders of environmental defenders worldwide, which is then reported in annual 17 No. 1, March 2015. lives.pdf reports. The organisation seeks to combat the exploitation of natural resources and corruption in the global economic and political system through campaigns At What Cost? Irresponsible Business and the Murder of Development Needs Civil Society – The Implications Land and Environmental Defenders in 2017, Global Witness, of Civic Space for the Sustainable Development Goals, and advocacy work. 2018: https://www.globalwitness.org/documents/19595/ Synthesis report for ACT Alliance, April 2019: Defenders_report_layout_AW4_update_disclaimer.pdf https://actalliance.org/wp-content/uploads/2019/05/ https://www.globalwitness.org/sv/ ACT_SynthesisReport_CivicSpace_2019_Final_WEB-Copy. “Berta Cáceres Court Papers Show Murder Suspects’ Links pdf to US-Trained Elite Troops”, Lakhani, N., The Guardian, 28 February 2017: https://www.theguardian.com/world/2017/ Effective Donor Responses to the Challenge of Closing Ci- feb/28/berta-caceres-honduras-military-intelligen- vic Space, International Center for Not-for-Profit Law, 2018: ce-us-trained-special-forces http://www.icnl.org/news/2018/Effective%20donor%20 Defending Land and Environmental Defenders Coalition responses%20FINAL%201%20May%202018.pdf “Berta Cáceres: Seven Men Convicted of Murdering Honduran Environmentalist”, Lakhani, N., The Guardian, Enemies of the State? How Governments and Business The DD Coalition consists of a number of organisations having joined together to 30 November 2018: https://www.theguardian.com/ Silence Land and Environmental Defenders, Global share resources, develop strategies, take collective action and strengthen efforts world/2018/nov/29/berta-caceres-seven-men-convic- Witness, July 2019: https://www.globalwitness.org/do- ted-conspiracy-murder-honduras cuments/19766/Enemies_of_the_State.pdf in relation to protecting environment defenders worldwide. The coalition works with 1) joint advocacy work to influence states, companies and investors to pro- “Brazil: Counterterrorism Bill Endangers Basic Rights”, “Ethiopia’s New Civil Society Law”, Townsend, D., INCLU- tect environmental defenders, 2) strengthen knowledge and skills among en- Human Rights Watch. 13 November 2015: https://www. DE – Knowledge Platform on Inclusive Development vironmental defenders and increase their access to support, and 3) strengthen hrw.org/news/2015/11/13/brazil-counterterrorism-bill-en- Policies, 11 March 2019: https://includeplatform.net/ dangers-basic-rights ethiopias-new-civil-society-law/ communication and collaboration within the coalition. Presently, the DD Coalition gathers around 40 organisations under its umbrella. The steering com- Carrying the Costs: Human Rights Impacts in Communities “Europe Takes a Big Step towards Companies Having mittee includes World Resources Institute (WRI), Global Witness, Transparency Affected by Platinum Mining in South Africa, and the Re- ‘Duty of Care’ on Human Rights”, EU reporter, 2019-06-19: sponsibilities of Companies Providing Mining equipment, https://www.eureporter.co/economy/2019/06/12/europe- International, Environmental Law Alliance Worldwide (ELAW) and HIVOS. Report #89, Björnsson, O., Swedwatch, 2018: takes-a-big-step-towards-companies-having-duty-of-care- https://swedwatch.org/wp-content/uploads/2018/02/ on-humanrights/ https://www.environment-rights.org/defend-the-defenders-coalition Carrying-the-costs_full-report.pdf Extractive Industries and Free, Prior and Informed Consent Climate Change and Land: An IPCC Special Report on of Indigenous Peoples, Asia Indigenous Peoples Pact’s Handbook, AIPP, 2019.

62 63 Intergovernmental Science-Policy Platform on Biodiversity Report of the Special Rapporteur on the Situation of “Finance and the Earth System – Exploring the Links Guiding Principles for Sida’s Engagement with and Support and Ecosystem Services – IPBES Secretariat, 2019: www. Human rights Defenders to the General Assembly, Forst, between Financial Actors and Non-Linear Changes in the to Civil Society, Sida, Prototype, September 2017. ipbes.net M., United Nations, 2017. Climate System”, in Global Environmental Change, Galaz, V., Crona B., Dauriach, A., Scholtens, B., Steffen, W., Vol. 53, Guiding Principles on Business and Human Rights, United Human rights, democracy and the rule of law in Swedish Shared Space Under Pressure: Business Support for Civic November 2018. Nations Human Rights of the High Commissioner, 2011: foreign policy, Government Communication 2016/17:62, Freedoms and Human Rights Defenders: Guidance for https://www.ohchr.org/Documents/Publications/Guiding- December 2016: https://www.government.se/49550b/ companies, Business & Human Rights Resource Center, Framework Principles on Human Rights and the Environ- PrinciplesBusinessHR_EN.pdf contentassets/f864bf87a5d64f11b033f32e6e1fed3f/ International Service for Human Rights, August 2018: ment: The Main Human Rights Obligations Relating to human-rights-democracy-and-the-principles-of-the-rule- https://www.business-humanrights.org/sites/default/ the Enjoyment of a Safe, Clean, Healthy and Sustainable Human Rights Defenders and Civic Space – The Business of-law-in-swedish-foreign-policy.pdf files/documents/Shared%20Space%20Under%20Pressu- Environment, United Nations Human Rights Special and Human Rights Dimension, United Nations Human re%20-%20Business%20Support%20for%20Civic%20Free- Procedures, Knox, J. H., 2018: Rights Office of the High Commissioner: https://www. Nature’s Dangerous Decline ‘Unprecedented’: Species doms%20and%20Human%20Rights%20Defenders_0.pdf https://www.ohchr.org/Documents/Issues/Environment/ ohchr.org/EN/Issues/Business/Pages/HRDefendersCi- Extinction Rates ‘Accelerating’, Intergovernmental Scien- SREnvironment/FrameworkPrinciplesUserFriendlyVersion. vicSpace.aspx ce-Policy Platform on Biodiversity and Ecosystem Services Silent Approval: The Role of Banks Linked to the Crisis pdf (IPBES), Media Release, April 2019. faced by Borneo’s Indigenous Peoples and Their Forests, “Human Rights Funding Takes a Hit but Key Mandate Report #84, Arounsavath, F., Swedwatch, 2017. Front Line Defenders Global Analysis 2018, International Reaffirmed”, McEvoy, T., International Service for Human No business, No Rights: Human Rights Impacts when Land https://swedwatch.org/wp-content/uploads/2017/03/ Foundation for the Protection of Human Rights Defenders, Rights, 4 January 2018: https://www.ishr.ch/news/unga72- Investments Fail to Include Responsible Exit Strategies. Silent-Approval-Borneo-full-report.pdf 2019: https://www.frontlinedefenders.org/sites/default/ human-rights-funding-takes-hit-key-mandate-reaffirmed The Case of Addax Bioenergy in Sierra Leone, Report #86, files/global_analysis_2018.pdf Wåhlin, M., Swedwatch, 2017: Situation of Human Rights Defenders, United Nations Honduras: The Deadliest Place to Defend the Planet, Global https://swedwatch.org/wp-content/uploads/2017/11/86_ General Assembly, A/72/170, 19 July 2017. Declaration on the Right and Responsibility of Individuals, Witness, 2017: Sierra-Leone_NY.pdf Groups and Organs of Society to Promote and Protect https://www.ohchr.org/en/issues/business/pages/hrde- State of Civil Society Report 2018 – Year in Review: Universally Recognized Human Rights and Fundamental fendersCivicspace.aspx “Open NGO Letter Regarding the Critical Funding Gap Top-Ten Trends, CivicUS, 2019: https://www.Civicus.org/ Freedoms, General Assembly Resolution A/RES/53/144, 8 Affecting UN Human Rights Mechanisms and the Office documents/reports-and-publications/SOCS/2018/socs- March 1999: Human Rights Defenders World Summit – Action Plan, of the High Commissioner for Human Rights”, 28 May 2018-overview_top-ten-trends.pdf https://www.ohchr.org/Documents/Issues/Defenders/ October 2018: https://hrdworldsummit.org/action-plan/ 2019: https://www.gi-escr.org/latest-news/open-let- Declaration/declaration.pdf ter-ngos-regarding-critical-funding-gap-affecting-un-hu- State of Civil Society Report 2019, CivicUS, 2019: https:// Höj ribban för företagen! En granskning av hållbarhets- man-rights-mechanisms-ohchr www.Civicus.org/documents/reports-and-publications/ Global Development Trends and Challenges, Horizon 2025 redovisningar ur ett människorättsperspektiv, Amnesty SOCS/2019/state-of-civil-society-report-2019_executi- Revisited, Kharas, H., Rogerson, A., ODI, October 2017: International, Diakonia, FairAction, 2019. “Planetary Boundaries: Guiding Human Development on a ve-summary.pdf https://www.odi.org/sites/odi.org.uk/files/resource-do- Changing Planet”, Steffen et al., Science Vol. 347 No. 6223, cuments/11873.pdf Indigenous Peoples and Climate Change: Emerging 2015. Still Banking on Land Grabs: Australia’s Big Four Banks and Research on Traditional Knowledge and Livelihoods, Land Grabs, Oxfam Australia, 2016. Global Resources Outlook 2019: Natural Resources for the International Labour Organisation, 2019: https://www.ilo. 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64 65 The Human and Environmental Cost of Land Business, FIAN, Rede Social de Justiça e Direitos Humanos, CPT, 2018: https://www.fian.org/fileadmin/media/publica- tions_2018/Reports_and_guidelines/The_Human_and_En- vironmental_Cost_of_Land_Business-The_case_of_MA- TOPIBA_240818.pdf

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Threats to Civic Space in Latin America and the Caribbean, CivicUS, December 2016: http://www.Civicus.org/images/ ThreatsToCivicSpaceInLACountriesEN.pdf

To the Last Drop: Water and Human Rights Impacts of the Agro Export Industry in Ica, Peru: The Responsibility of Buyers, Report #92, Wåhlin, M., Swedwatch, 2018: https:// swedwatch.org/wp-content/uploads/2018/11/92_To-the- last-drop_Full-report.pdf

Turning the Tide: The Urgent Need to Shift Capital Flows to Climate Solutions: A Case Study of Ten Fund Management Companies, Report #87, Swedwatch, December 2017: https://swedwatch.org/wp-content/uploads/2017/12/87_ Turning-the-tide-12-dec.pdf

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Undercutting Rights – Human Rights and Environmental Due Diligence in the Tropical Forestry Sector. A case study from Cameroon, Arounsavath, F., Report #93, Swedwatch, 2019: https://swedwatch.org/wp-content/ uploads/2019/02/Tropiskt-timmer_190221_93.pdf

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66 67 At least three environmental defenders are killed each week across the world. The situation for environmental defenders, people involved in protecting environmental and/or land rights, is getting worse. This is part of an ongoing trend where the democratic space for civil society is deteriorating. This report presents the results of a comprehensive study carried out by the Swedish Society for Nature Conservation. In the study, 25 environmental organisations around the world that we collaborate with describe their situation.

The results are troubling: • 88% of participating organizations state that the situation for civil society in their respective countries has deteriorated in recent years. • 80 per cent say that they find it difficult to carry out their activities as planned. The most common forms of risks are said to be surveillance (physical and digital), smear campaigns and death threats. • 24 per cent say that employees or individuals belonging to the organization’s target group have been killed as a result of their environmental work. • 52 per cent present examples of when they themselves or their target groups have been harassed or threatened by private actors. • 68 per cent say that decision-makers in the country in which the organization operates seem to look upon the environmental movement as a threat.

The Swedish Society for Nature Conservation calls upon the Swedish government, the UN, the EU and the business sector to take decisive action with regard to the risks facing civil society and environmental defenders. The world needs to stand up for the right of environmental defenders to defend our common future.

Naturskyddsföreningen är Sveriges största miljö- organisation med kraft att förändra. Vi sprider kunskap,The Swedish kartlägger Society miljöhot, for Nature presenterar Conservation lösningar is an PG PG90 1990 09-219 09-2 ochenviron påverkarmental beslutsfattare organisation with- lokalt, power nationellt to bring och about globalt.change. Klimat,We spread skog, knowledge, miljögifter, map hav, environmental sjöar och ÅsögatanÅsögatan 115 115 vattendragthreats, create samt solutions, jordbruk and är våra influence viktigaste politicians arbets- BoxBox 4625, 4625, SE-116 SE-116 91 91 områden.and public Dessutomauthorities, står at both vi bakom national miljömärkningen and international Stockholm,Stockholm, Sweden Sweden Bralevels. Miljöval Moreover, och verkar we are för behind en hållbar one of konsumtion. the world’s Välkommenmost challenging att bli ecolabellings, medlem, engagera “Bra Miljöval”(Good dig eller +46+46 (0)8 (0)8 702 702 65 0065 00 skänkEnvironmental en gåva. Choice).Tillsammans Climate, gör thevi skillnad. oceans, forests, www.naturskyddsföreningen.sewww.naturskyddsföreningen.se environmental toxins, and agricultureare our main areas of involvement.