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2162 ISS Monograph 117 Mozambique.indd
This report examines the flight, reception, and long-term integration of Mozambican refugees in South Africa following the Mozambican civil war (1979–1992). It details the role of ethnic solidarity in the Gazankulu homeland, the creation of a precarious underclass in the agricultural labour markets of the lowveld, and the failures of the UNHCR repatriation programme. The author argues that despite various amnesties and a 2004 Constitutional Court ruling granting access to social grants, many former refugees remain de facto undocumented and socially marginalized due to structural economic dependence on cheap labour and deep-seated xenophobia.
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Document type: Report
ISS Policy Brief 43 Geneva.indd
This policy brief by the Institute for Security Studies analyzes the Implementation of the Geneva Conventions Act, 2012 (Act 8 of 2012) in South Africa. The author examines how the Act domesticates the Geneva Conventions and their Protocols, introduces the doctrine of command responsibility, and creates a legal pathway to prosecute war crimes committed prior to 2002, including those during the apartheid era.
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Document type: Policy brief
NATURAL JUSTICE COMMENTARY ON THE INTENTION TO EXCLUDE THE DEVELOPMENT AND EXPANSION OF SOLAR PHOTOVOLTAIC INSTALLATIONS FROM THE REQUIREMENT TO OBTAIN AN ENVIRONMENTAL AUTHORIZATION BASED ON COMPLIANCE WITH AN ADOPTED ENVIRONMENTAL MANAGEMENT INSTRUMENT GAZETTED NO. 46871 OF 08/SEP/2022 AND THE INTENTION TO ADOPT THE NATIONAL WEB-BASED ENVIRONMENTAL SCREENING TOOL AS AN ENVIRONMENTAL MANAGEMENT INSTRUMENT (SCREENING TOOL)
Natural Justice submitted a commentary to the South African Department of Forestry, Fisheries, and Environment opposing the proposed exclusion of solar photovoltaic (PV) installations from the requirement to obtain environmental authorizations. The organization argues that replacing the Environmental Impact Assessment (EIA) process with a web-based Screening Tool undermines constitutional rights to public participation, administrative justice, and environmental protection, potentially increasing litigation and investment risk.
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Document type: Statement
-1
Natural Justice submitted comments to the South African Department of Transport regarding the Marine Pollution (Prevention of Pollution from Ships) Amendment Bill (B5-2022). The organization argues that the Bill should implement stronger penalties, increase local government and police involvement in enforcement, and remove broad exemptions for ship trials and offshore mineral processing to align with South Africa's Paris Agreement commitments.
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Document type: Statement
conservation-standards-b1046919bcd2133c.pdf
This August 2016 discussion paper by the International Institute for Environment and Development (IIED) and Natural Justice proposes a set of draft conservation standards to protect the human rights of indigenous peoples. The authors argue that while international law provides a broad framework, there is a lack of practical, rights-based guidance for conservation actors, leading to documented cases of evictions and abuses in the name of biodiversity protection.
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Document type: Research paper
MG 5 Gloucester Australia
This case study by Natural Justice details the 2019 ruling by the Land and Environment Court of New South Wales in Gloucester Resources Limited v. Minister for Planning. The court upheld the refusal of a proposed open-cut coal mine, marking the first time in Australia since the Paris Agreement that a coal mine application was denied based on its climate change impacts.
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Document type: Case study
BRIEFING NOTE
This report by Natural Justice and Kalpavriksh analyzes the legal and institutional frameworks affecting Indigenous peoples’ and local communities’ conserved territories and areas (ICCAs). It identifies systemic threats to these areas, including a lack of legal recognition for customary land rights and the imposition of exclusionary conservation models. While noting positive developments in international law and specific national initiatives, the report argues that state institutions often continue to undermine ICCAs through discriminatory legislation and inaccessible judicial systems. It provides comprehensive recommendations for governments and international bodies to recognize the self-determination of Indigenous peoples and support the integrity of ICCAs through both legal reform and non-legal support mechanisms.
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Document type: Report
ASPECTOS LEGALES Y INSTITUCIONALES DEL RECONOCIMIENTO Y APOYO A LA CONSERVACIÓN POR PARTE DE PUEBLOS INDÍGENAS Y COMUNIDADES LOCALES
This briefing by Natural Justice analyzes the legal and institutional frameworks affecting Territories and Areas of Conservation by Indigenous Peoples and Local Communities (TICCAs). It examines the gap between international human rights standards and national implementation, highlighting how fragmented laws and a lack of recognition for customary land rights undermine the ability of Indigenous and local communities to maintain the ecological integrity of their territories.
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Document type: Briefing
Protegendo o Conhecimento Tradicional em Moçambique: Quadros jurídicos e institucionais vigentes
This report analyzes the legal and institutional frameworks for protecting traditional knowledge (TK) in Mozambique, focusing on biodiversity, cultural heritage, and traditional medicine. It identifies a significant gap between high-level policy commitments and functional regulatory frameworks, noting that while Mozambique has ratified international agreements like the Nagoya Protocol, it lacks specific, operational laws to prevent the misappropriation of TK. The document highlights ongoing efforts to revise the 2007 Access and Benefit-Sharing (ABS) regulation and the potential for using geographical indications and academic partnerships to safeguard community knowledge.
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Document type: Report
The World Bank and other International Financial Institutions must uphold human rights in all activities they support
This joint statement urges the United Nations Human Rights Council to hold International Financial Institutions (IFIs), such as the World Bank, accountable for the human rights impacts of their projects, particularly in energy, resource extraction, and infrastructure development.
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Document type: Statement
policy-briefing-60-2514d2166daec982.pdf
This policy briefing by the South African Institute of International Affairs examines the legal and procedural failures regarding land acquisition and compensation in Uganda's oil sector. It argues that while the 1995 Constitution guarantees property rights, subsequent laws and practices often violate these rights, leaving land owners—particularly those with customary tenure—vulnerable to insufficient compensation and inaccessible legal remedies as the government develops oil infrastructure and a refinery.
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Document type: Policy brief
health-np-tess-informal-briefing-note-dd91f3b47bd6a58f.pdf
This briefing note from the Forum on Trade, Environment, & the SDGs provides recommendations for integrating human health protections into the development of a global instrument to end plastic pollution, specifically referencing the draft text in NP3.
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Document type: Briefing
Media Briefing Mengapa Izin PLTU Ombilin Layak untuk Dicabut?
This media briefing by Trend Asia argues for the revocation of the permit for the Ombilin Coal-Fired Power Plant (PLTU Ombilin) in Sawahlunto, West Sumatra, citing repeated environmental violations, health impacts on local children, and a lack of transparency in government sanctions.
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Document type: Briefing
Trade Measures and Climate Change
This research paper analyzes proposed trade measures within U.S. and EU domestic climate policies, examining their objectives, legality under international agreements, and potential to trigger disputes within the World Trade Organization (WTO).
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Document type: Research paper
Whats Ahead for Power Plants & Industry? Using the Clean Air Act to Reduce GHGs, Building on Regional Programs
This working paper examines how the U.S. Environmental Protection Agency (EPA) and individual states can utilize section 111 of the Clean Air Act to establish performance standards for reducing greenhouse gas emissions from existing power plants and industrial facilities, specifically exploring the viability of market-based cap-and-trade mechanisms.
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Document type: Research paper
Will international investment rules obstruct climate protection policies?
This research paper examines the potential conflicts and synergies between the Clean Development Mechanism (CDM) of the Kyoto Protocol and the broader framework of international investment law, arguing that investment rules must be designed to accommodate multilateral environmental agreements.
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Document type: Research paper
Can the U.S. Get There from Here?
This report by the World Resources Institute analyzes how the United States can reduce greenhouse gas emissions using existing federal laws and state actions without requiring new legislation from the U.S. Congress.
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Document type: Report
Bottom Line on Regulating Greenhouse Gases Under The Clean Air Act
This fact sheet by the World Resources Institute explains the legal basis and potential mechanisms for the U.S. Environmental Protection Agency (EPA) to regulate greenhouse gas (GHG) emissions under the Clean Air Act following a 2007 Supreme Court ruling and a 2009 EPA endangerment finding.
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Document type: Fact sheet
Sustainable Landscape Finance Coalition Innovation Hub Finance Solution Incubator: BMA Tax Incentive Investigation| Report
This report details the findings of the Biodiversity Management Agreement (BMA) Tax Incentive Incubator, a project by the Sustainable Landscape Finance Coalition (including WWF-SA and Wilderness Foundation Africa). The incubator investigated how to unlock a dormant tax incentive under section 37C(1) of the Income Tax Act No. 58 of 1962 for the conservation management of species and habitats in South Africa. The investigation concluded that the necessary building blocks for the finance solution are present, leading to the launch of a pilot project targeting rhino and lion conservation between July 1, 2021, and June 30, 2022.
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Document type: Report