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COMENTÁRIOS AO NOVO SUBSTITUTIVO DO PL Nº 2633/2020 QUE ALTERA AS REGRAS DE REGULARIZAÇÃO FUNDIÁRIA
The document evaluates the substitute text for PL No. 2633/2020 proposed by Deputy Bosco Saraiva. While it notes improvements in inter-agency consultation and the requirement for an active Rural Environmental Registry (CAR), it criticizes the lack of effective environmental safeguards and the creation of unjustified benefits for small properties that decouple land policy from environmental policy.
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Document type: Briefing
Where are they?
The report examines the crisis of missing persons in Africa, documenting nearly 44,000 cases through the ICRC as of 2020. It identifies armed conflict, other situations of violence, and migration as primary drivers, noting that men and children are disproportionately affected. Families face severe psychosocial trauma, economic hardship, and legal hurdles due to a lack of domestic frameworks for declaring absence. The document advocates for the establishment of national information bureaus, improved medico-legal capacity for body identification, and the integration of missing persons into transitional justice processes.
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Document type: Report
PANORAMA DOS DIREITOS DE PROPRIEDADE NO BRASIL RURAL
The report analyzes the historical and legal framework of rural land ownership in Brazil, highlighting a systemic lack of a unified land registry that fosters legal insecurity and land grabbing (grilagem). It examines the complexities of the current registration and cadastral systems, including the RGI, SNCR, and CAR, and identifies significant barriers to land regularization for traditional and vulnerable populations. The document specifically details the administrative processes and political pressures affecting Indigenous lands, quilombola territories, conservation units, and agrarian reform projects, arguing that recent legislative changes often prioritize large-scale land titling over social and environmental safeguards, thereby risking land reconcentration and increased deforestation.
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Document type: Report
Whistleblower Protection: An Essential Tool for Addressing Corruption that Threatens the World’s Forests, Fisheries and Wildlife
The document examines the role of whistleblowers in combating natural resource corruption, identifying retaliation as a primary barrier to reporting. It outlines the three essential components of effective protection regimes—confidentiality, financial rewards, and independent reporting channels—and analyzes the failures of laws in the UK and Ghana. The briefing highlights how specific U.S. laws, such as the Foreign Corrupt Practices Act and the Lacey Act, can be utilized globally to target environmental crimes, and provides recommendations for conservation practitioners to support whistleblower protections.
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Document type: Briefing
Reforming the Public Procurement System in South Africa
The report identifies a crisis in South Africa's public procurement system, characterized by systemic corruption, political interference, and a lack of professional capacity. It argues that the current legal regime is overly complex and fragmented, often prioritizing rigid compliance over operational efficiency and developmental goals. The authors propose several reforms: the creation of a single regulatory authority, the adoption of a principles-based strategic procurement approach, and the introduction of 'qui tam' mechanisms to incentivize whistleblowers through financial rewards for recovering defrauded state funds.
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Document type: Report
8th Environment Action Programme proposal - Public consultation
ClientEarth welcomes the 8th Environment Action Programme's goals for a climate-neutral and circular economy but argues that the proposal lacks concrete targets and explicit commitments to phase out fossil fuel subsidies. The organization highlights discrepancies between the EAP's ambitions and existing policies like the Common Agricultural Policy and the European Maritime and Fisheries Fund. It calls for stronger monitoring based on scientific evidence, increased resources for DG Environment, and the integration of the rule of law and access to justice to ensure effective implementation.
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Document type: Statement
Análisis de las decisiones de la Convención en Diversidad Biológica: una herramienta para su uso a nivel nacional
This report by Friends of the Earth International categorizes 233 CBD decisions into five programmatic approaches: Community Forest Management (MCB), Biodiversity, Rights, Financialization (false solutions), and Governance. It provides a detailed analysis of key 'Principles and Declarations' and other relevant decisions to help indigenous peoples and local communities hold governments accountable for their international biodiversity commitments.
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Document type: Report
Analyse des décisions de la Convention sur la diversité biologique : un outil à utiliser à l’échelon national
The report examines 233 CBD decisions, categorizing them into five priority axes for Friends of the Earth International (ATI): community forest management, biodiversity, rights, 'false solutions' (financialization of nature), and governance. It highlights key 'Principles and Declarations' and other relevant decisions, emphasizing the need to convert international agreements into national policies through National Biodiversity Strategies and Action Plans (NBSAPs). The analysis focuses on the rights of indigenous peoples and local communities, the ecosystem approach to management, and the critique of market-based conservation mechanisms.
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Document type: Report
Analysis of the decisions of the Convention on Biological Diversity: a tool for use at the national level
The document reviews 233 CBD decisions, categorizing them into five programmatic areas: Community Forest Management (CFM), Biodiversity, Rights, Financing (False Solutions), and Governance. It specifically details 'Principles and Declarations' and other relevant decisions that support a rights-based approach to conservation and warn against the 'financialisation of nature'.
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Document type: Briefing
La declaración de las Naciones Unidas sobre los derechos de los campesinos como herramienta para avanzar en los derechos colectivos
The report examines the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP), adopted in December 2018. It argues that UNDROP fills a gap in international human rights law by recognizing peasants and other rural workers as collective rights holders, rather than just a sum of individuals. The document details how the Declaration protects collective rights to land, food sovereignty, seeds, water, and a healthy environment, while debunking myths that collective rights oppose individual rights or are exclusive to Indigenous Peoples. It provides strategies for applying the Declaration at national, regional, and international levels to hold states and transnational corporations accountable.
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Document type: Report
Addressing the Digital Divide in the Joint Statement Initiative on E-Commerce
The report examines the evolution of the digital divide from basic infrastructure access to access to knowledge and data. It evaluates the JSI on E-Commerce, arguing that current negotiations often presume a level of digital readiness that developing countries and LDCs lack. The document details 'enabling issues' necessary for digital inclusion, analyzes the regulatory landscape of cross-border data flows and localization, and discusses the implications of restricting government access to computer source code.
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Document type: Report
Compensation Under Investment Treaties
The report examines the current state of compensation under investment treaties, highlighting a trend toward increasingly large awards driven by the use of forward-looking valuation methods like Discounted Cash Flow (DCF). It identifies systemic issues, including discrepancies between invested amounts and awarded compensation, the complexity of valuation processes, and the disregard for contextual factors such as public interest or a state's ability to pay. The document reviews emerging treaty practices from Africa, India, and the EU and proposes four reform options: balancing rules, capping compensation at the amount invested, integrating gain-based considerations, or applying the host state's domestic law.
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Document type: Report
Taking stock 2020 - are TACs set to achieve MSY?
The report finds that the EU missed its 2020 deadline to end overfishing, with nearly half of the analyzed TACs for 2020 still exceeding scientific advice. It highlights a systemic failure to follow precautionary advice for data-limited stocks and a tendency to prioritize target stocks over bycatch stocks. The analysis identifies specific Member States—including France, Ireland, and Spain—as frequently pushing for unsustainable catch limits based on unsubstantiated socio-economic claims. The document also criticizes the lack of transparency in the TAC-setting process and the potential for misleading reporting by the European Commission.
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Document type: Report
Le Principe de précaution
The document explores the precautionary principle as a guide for decision-makers to protect the environment and public health despite scientific uncertainty. It traces the principle's origins from Swedish national law and the 1972 Stockholm Conference to its formalization in the 1992 Rio Declaration and integration into the EU's Maastricht Treaty. The text highlights the principle's role in addressing climate change and biodiversity, while noting the ongoing tension between environmental precaution and economic development.
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Document type: Briefing
Multilateral Regulatory Regimes and Plant Breeding
The document examines the tension between international intellectual property (IP) regimes, such as UPOV and TRIPS, and frameworks protecting farmers' rights and biodiversity, such as the ITPGRFA and the Nagoya Protocol. It argues that the lack of a single comprehensive framework creates legal confusion for developing countries, which are often pressured to adopt strict IP protections that may marginalize small-scale producers and Indigenous communities. The brief suggests that governments can utilize 'sui generis' systems to create tiered levels of protection that safeguard both commercial innovation and traditional seed-sharing practices.
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Document type: Policy brief
Geneva Trade Agreements and the World Trade Organization: Lessons for the Micro, Small, and Medium-Sized Enterprises Joint Statement Initiative
The report examines how micro, small, and medium-sized enterprises (MSMEs) are addressed in trade agreements, noting a trend toward dedicated SME chapters in 'new-generation' RTAs. It highlights that while developed economies like the EU, Canada, and Japan lead in advanced provisions, developing countries often prioritize exemptions to protect domestic MSMEs from costly obligations. Most MSME provisions use 'best-endeavour' language and are excluded from dispute settlement, limiting their enforceability. The document also assesses the WTO's piecemeal approach to MSMEs and suggests expanding the scope of support in areas like e-commerce, government procurement, and gender equality to better integrate MSMEs into global trade.
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Document type: Report
L’Organisation mondiale du commerce et les accords commerciaux : Enseignements tirés de l’Initiative de déclaration conjointe pour les micro-, petites et moyennes entreprises
The report examines how MSMEs are integrated into regional and multilateral trade frameworks, noting a trend toward more sophisticated but often non-binding 'goodwill' provisions in newer 'next-generation' agreements. It highlights specific areas of support such as trade facilitation, public procurement, and e-commerce, while noting a persistent gap in the explicit integration of gender-specific MSME support.
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Document type: Report
Poisonous Homes
The report documents a crisis where approximately 77,000 people in federally assisted housing live on or near Superfund sites, arguing that environmental racism has historically driven the siting of affordable housing in contaminated areas. It identifies critical failures in interagency coordination between HUD and the EPA, including a lack of resident notification and inadequate housing inspections. Through case studies in East Chicago, Portsmouth, and other cities, the report illustrates the health impacts of lead and arsenic exposure and the struggle for community-led relocation. It concludes with comprehensive recommendations for interagency accountability, mandatory hazard disclosure, and the integration of health interventions for exposed residents.
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Document type: Report
The trade in tools of torture: A South African case study
The report examines the lack of controls on the manufacture, import, and export of law enforcement equipment in South Africa that facilitates torture. It identifies a domestic industry producing inherently abusive tools, such as stun belts and electrified shields, and highlights the gap between South Africa's international human rights obligations and its domestic trade practices.
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Document type: Report
Subsidies: A driving force or obstruction for the Polish energy transition?
The report analyzes Polish state aid for the power sector, concluding that subsidies for conventional power (mostly coal) were twice as high as those for renewables between 2013 and 2018. It highlights systemic inefficiencies in the EU ETS derogations, capacity markets, and the Energy Prices Act, while identifying RES auctions and EU funds as positive drivers of transition. A case study of the Bełchatów Power Plant illustrates how subsidies often support owners rather than environmental goals. The document compares Poland's cost-ineffective model with the more successful transitions in Germany and Great Britain.
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Document type: Report