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COMENTÁRIOS DA NATURAL JUSTICE SOBRE O ANTEPROJECTO DA LEI DE FLORETAS: VERSÃO SUBMETIDAA CONSULTA PUBLICA
Natural Justice critiques the draft Forest Law of Mozambique for failing to distinguish between native and planted forests, neglecting sustainable forest management, and ignoring the socio-cultural rights of local communities. The organization warns that the law's focus on economic exploitation and lack of deterrent sanctions for illegal logging and corruption could lead to the extinction of precious tree species by 2029. Key recommendations include incorporating the principle of non-regression, establishing clear community consultation processes, and implementing robust monitoring and training systems to combat organized forest crime.
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Document type: Statement
Flaws in SAS environmental law to come under spotlight in Shell SA court review
The document argues that South Africa's environmental governance of mining is hindered by a "perilous lack of clarity" resulting from an unsynchronised transition to the 'One Environmental System'. This legislative obscurity is exemplified by the legal dispute over whether Shell's 2014 exploration right required a NEMA environmental authorisation in addition to an MPRDA-approved Environmental Management Programme (EMPr). The author contends that the current framework creates a "legislative vacuum" and risks environmental degradation by placing enforcement responsibility within the Department of Mineral Resources and Energy, whose primary mandate is to promote mining.
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Document type: Legal commentary
Argentina Seismic testing cases
Three separate lawsuits were filed in early 2022 against the Argentinian Ministry of Environment and Sustainable Development to stop offshore seismic testing by Equinor. These cases focus on the protection of the Southern Right Whale, the incompatibility of fossil fuel exploration with Argentina's Paris Agreement commitments and Nationally Determined Contribution (NDC), and violations of the Escazú Agreement regarding public participation and environmental information. The court combined these three lawsuits on January 14, 2022.
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Document type: Case study
South Africa’s Oceans Economy Master Plan to 2035 Draft 3 v1 – Commentary
Natural Justice critiques the South African Oceans Economy Master Plan to 2035, stating it lacks concrete analysis on greenhouse gas mitigation and contradicts global scientific consensus by proposing offshore oil and gas exploration. The commentary highlights a 'troubling absence' of biodiversity considerations and fails to address the needs of small-scale and subsistence fishers. It further argues that the plan's job creation claims lack factual support and that the public participation process was flawed, excluding many marginalized coastal communities.
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Document type: Statement
U.S. COURT VACATES OFFSHORE OIL AND GAS LEASE SALES DUE TO INADEQUATE CONSIDERATION OF RELATED GREENHOUSE GAS EMISSIONS
A U.S. court vacated a massive offshore oil and gas lease sale in the Gulf of Mexico, ruling that the Bureau of Ocean Energy Management (BOEM) acted arbitrarily by failing to provide a quantitative estimate or specific explanation regarding downstream greenhouse gas emissions from reduced foreign consumption in its 'no-go' alternative analysis.
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Document type: Case study
Public Participation in Environmental Matters in the UK/England & Wales
The document provides a detailed guide on the rights of individuals and NGOs to participate in environmental decision-making in the UK, primarily through the framework of the Aarhus Convention. It outlines the specific requirements for three types of decisions: specific activities (Article 6), plans and policies (Article 7), and legislation (Article 8). The guide also discusses domestic UK consultation standards, such as the Sedley/Gunning principles and Cabinet Office Consultation principles, and provides advice on challenging deficient consultations through judicial review or the Aarhus Convention Compliance Committee.
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Document type: Guide
Public Participation in Environmental Matters in the UK/England & Wales
The document outlines the requirements for public participation in environmental matters in the UK, focusing on the three pillars of the Aarhus Convention: access to information, public participation in decision-making, and access to justice. It details the specific obligations for public authorities regarding activities, plans, and legislation that significantly affect the environment. Additionally, it explains domestic standards for fair consultation, including the Sedley/Gunning principles and Cabinet Office Consultation principles, and provides guidance on challenging deficient consultations through judicial review or the Aarhus Convention Compliance Committee.
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Document type: Guide
ARGENTINA SEISMIC TESTING CASES
Three lawsuits were filed in Argentina against the Ministry of Environment and Sustainable Development to stop offshore seismic testing by Equinor. The cases raised concerns regarding the protection of the Southern Right Whale, climate impacts, Argentina's Nationally Determined Contribution (NDC) under the Paris Agreement, and procedural rights under the Escazú Agreement. On 11 February 2022, the Federal Court of Mar del Plata ordered a halt to exploration based on the precautionary principle and violations of the rights to information and public participation, though it did not cite climate concerns. However, on 18 February 2022, a different court allowed activities to continue pending an appeal.
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Document type: Case study
Beyond the institutional fix? The potential of strategic litigation to target natural resource corruption
The document explores strategic litigation as a tool to bridge the gap between state-led anti-corruption efforts and environmental governance. It identifies three main trends: targeting corruption enforcement, improving NRM governance, and addressing transnational sustainability. While it can drive transparency and accountability, the author warns of risks including high costs, potential for abuse via SLAPP suits, and the challenge of enforcing court rulings in weak institutional settings.
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Document type: Briefing
SOUTH AFRICA'S GAS MASTERPLAN COMMENTS
Natural Justice argues that South Africa's Gas Master Plan perpetuates fossil fuel dependence and undermines the Just Energy Transition and the Global Methane Pledge. The organization highlights significant gaps in the plan regarding community compensation for land expropriation, the lack of free, prior and informed consent (FPIC), and the failure to address fugitive methane emissions. Furthermore, it criticizes the Department of Mineral Resources and Energy for an inadequate public comment period and the absence of risk mitigation strategies for gas explosions or economic fluctuations.
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Document type: Statement
Submission on the Amendments to National Environmental Management Act of 1998
Natural Justice argues that proposed amendments to the s24H Registration Authority Regulations under the National Environmental Management Act (NEMA) would create prohibitive financial and procedural barriers for the public. Specifically, the requirement that only a registered environmental assessment practitioner (EAP) may perform tasks related to appeals under section 43 of NEMA would effectively bar impoverished communities and landowners from appealing Environmental Authorisations (EAs) and subsequently seeking judicial review. The organization contends this violates the constitutional right to procedurally fair administrative action and undermines South Africa's Just Energy transition by complicating the oversight of large-scale solar and wind energy projects.
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Document type: Statement
THE PROPOSED REPEALING OF SECTION 34(2A) OF THE FOREST CONSERVATION AND MANAGEMENT ACT 2016
The document examines the Forest Conservation and Management (Amendment) Bill, 2021, which seeks to remove the requirement for the Kenya Forest Service (KFS) to recommend petitions for the variation of public forest boundaries before they are forwarded to the National Assembly. While proponents argue that KFS has used its power to block legitimate petitions and that the Constitution does not require such recommendations, Natural Justice and other opponents warn that this change would politicize the process and remove mandatory safeguards, including Independent Environmental Impact Assessments and public consultation. The document asserts that such changes could exacerbate climate challenges like prolonged droughts and extreme heat by compromising forest integrity.
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Document type: Fact sheet
A closer look at the DRC’s nascent lithium sector
The document identifies significant risks in the DRC's emerging lithium sector, including a lack of public environmental impact assessments, the involvement of politically exposed persons (PEPs) in mining concessions, and a lack of transparency regarding contracts and beneficial ownership. It highlights the role of companies like AVZ Minerals, Tantalex Resources, and Critical Resources, and argues that the energy transition must not be underpinned by predatory economic models or environmental harm. The report recommends that companies and the Congolese government adopt OECD due diligence standards and ensure full transparency of payments and ownership to prevent corruption and human rights abuses.
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Document type: Briefing
China-Driven Rail Development: Lessons from Kenya and Indonesia
The briefing analyzes the Standard Gauge Railway (SGR) in Kenya and the Jakarta-Bandung High Speed Rail (HSR) in Indonesia, finding that both projects suffered from poor environmental mitigation, problematic land acquisition, and governance failures. It argues that weak recipient institutions in the Global South compound the reputational and material risks for Chinese contractors.
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Document type: Briefing
Accelerating Green BRI Investments
The report compares the Green Development Guidance (GDG) and the Green Investment Principles (GIP), finding them highly compatible and complementary tools for reducing environmental risks and accelerating green finance in the Belt and Road Initiative (BRI). While the GIP is an industry-led voluntary initiative focusing on corporate governance and high-level principles for financial institutions, the GDG provides detailed project-level evaluation criteria, including a 'green light system' for project classification. The document recommends deeper information sharing, joint development of risk assessment tools, and enhanced communication between regulators and financial institutions to further align these frameworks.
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Document type: Report
Handbook on BRI Stakeholder Engagement for Financial Institutions
The document outlines a comprehensive approach for Chinese financial institutions to manage environmental and social (E&S) risks in BRI projects. It emphasizes that proactive stakeholder engagement—comprising environmental information disclosure, public consultation, and the establishment of grievance mechanisms—reduces the likelihood of project delays and cancellations. The guide details the responsibilities of both financial institutions and their clients across the project lifecycle, from initiation and evaluation to construction and decommissioning. It aligns these practices with international standards such as the Equator Principles and IFC Performance Standards, while also mapping relevant Chinese regulatory requirements from bodies like the PBOC and CBIRC. A significant portion of the text is dedicated to the operationalization of an Environmental and Social Management System (ESMS) and provides case studies on tailoring engagement to local contexts in the DRC, Russia, and the Philippines.
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Document type: Guide
Biodiversity and Mining Governance: Senegal and Turkey
The document outlines the mitigation hierarchy (avoidance, minimization, rehabilitation, and offsets) as a tool for mining companies to achieve no net loss or a net positive impact on biodiversity. It provides detailed case studies of the Mako gold project in Senegal and the Öksüt gold mine in Turkey, demonstrating how baseline studies and strategic planning can reduce ecological footprints and support national conservation goals.
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Document type: Case study
Biodiversidad y gobernanza minera: Senegal y Turquía
The document outlines a framework for managing the environmental impacts of mining through the 'mitigation hierarchy'—avoid, minimize, rehabilitate, and offset. It provides detailed case studies of the Mako Gold project in Senegal and the Öksüt gold mine in Turkey to illustrate how these principles can be applied to protect priority species and habitats, such as western chimpanzees and the Irano-Anatolian steppe, while aligning with international standards and national policies.
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Document type: Case study
Biodiversité et gouvernance minière : Sénégal et Turquie
The document outlines a framework for integrating biodiversity protection into mining governance through the 'mitigation hierarchy' (avoidance, minimization, rehabilitation, and compensation). It provides detailed case studies of the Mako gold project in Senegal and the Öksüt gold mine in Turkey to demonstrate how these principles can be applied to achieve 'no net loss' or a 'net gain' of biodiversity. The text also offers guidance for governments on developing national biodiversity policies and institutional frameworks to oversee mining impacts.
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Document type: Case study
Supporting Women Environmental Defenders for Transformative Disaster Risk Reduction in Nepal
The document highlights how women, Indigenous peoples, and Dalits in Nepal are disproportionately vulnerable to disasters due to social norms and inequalities, yet are critical, often overlooked actors in disaster risk reduction. It identifies 'transformative DRR' as an approach that addresses the root causes of vulnerability through education, legal advocacy, and multi-stakeholder collaboration. The briefing details the contributions of various organizations—such as the Women-Friendly Disaster Management group and ProPublic—and recommends that decision-makers align national laws with international human rights frameworks, ensure accountability for infrastructure projects, and provide better resources and visibility for grassroots women defenders.
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Document type: Briefing