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Environmental protection – the need for consideration
The document outlines the necessity of detailed, binding environmental legal tools to mitigate the impacts of forest conversion, such as biodiversity loss and climate change. It emphasizes the role of Environmental Impact Assessments (EIAs), the importance of transparency, and the need for laws to be fit for the specific national context. Through case studies from Gabon, Ghana, Brazil, and Liberia, it illustrates how non-binding guidelines, limited agency capacity, and sustainability policies affect forest protection.
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Document type: Fact sheet
Integrating Investor Obligations and Corporate Accountability Provisions in Trade and Investment Agreements
The report details discussions among 30 experts on integrating mandatory investor obligations into international investment agreements. It evaluates proposed draft texts covering compliance with domestic law, anti-corruption, information disclosure, human rights, labour and environmental standards, contract transparency, impact assessments, and tax base erosion. The experts discussed enforcement mechanisms, including the use of counterclaims in investor-state dispute settlement (ISDS) and the possibility of civil liability in an investor's home state to improve access to justice for affected communities.
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Document type: Report
Developing a Progressive Agenda for Reform of International Investment Law: Canadian perspectives
The report details discussions between Canadian government officials, academics, and civil society on reforming international investment law. It argues that traditional investment treaties, focused on investor protection, often conflict with sustainable development goals and human rights. Key proposals include shifting the focus of treaties toward sustainable development, conducting broad impact assessments, and reforming or eliminating investor-state dispute settlement (ISDS) mechanisms to protect the state's right to regulate in the public interest, particularly for climate change objectives.
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Document type: Report
EIA Study for proposed Salt Works
The minutes detail a public hearing where Al-Sherman Limited and an EIA expert presented plans for a proposed salt works in Kilifi County. While some residents supported the project for potential employment, significant opposition emerged regarding unresolved squatter issues on the project land, with many demanding a written agreement and National Lands Commission (NLC) resolution before work begins. Environmental concerns were raised regarding vegetation clearing, mangrove protection, water well contamination, and the impact of salt brine on marine life and local infrastructure.
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Document type: Report
IWULA, IWUL and Specialist Studies Review of the proposed Yzermyn Colliery Mpumalanga
The review identifies critical gaps in the hydrogeological and wetland assessments for the Yzermyn Underground Coal Mine, specifically regarding the impact of mine dewatering on sensitive ecosystems and the lack of post-closure water treatment planning.
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Document type: Report
Contracts for Sustainable Infrastructure
The document examines the role of infrastructure contracts in achieving sustainable development. It defines sustainable infrastructure as projects that are economically, socially, and environmentally sustainable, and argues that traditional project finance often ignores long-term risks and co-benefits. The author critiques the World Bank Group's 2017 Guidance on PPP Contractual Provisions for prioritizing private sector interests over public policy. To remedy this, the report provides a comprehensive framework of contractual approaches, including requirements for impact assessments, local content obligations, human rights safeguards, and the limitation of stabilization clauses, to ensure that infrastructure projects deliver genuine public value.
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Document type: Report
Poder popular en acción: Unidos contra la exploración petrolera en Togo
The community of Doevi Kope in Togo is resisting oil exploration after being alerted by Les Amis de la Terre Togo to the risks of environmental degradation and loss of livelihoods. Following a 2012 confirmation of oil deposits, the government initially signed a contract with the Italian company ENI, which was later cancelled due to advocacy campaigns. Community members who visited Ghana and studied cases in Nigeria observed that oil extraction led to fish kills, poisoned farmland, and failed promises of resettlement and employment. The community also notes a history of displacement and coastal erosion caused by port construction in the 1960s and current new port projects. Despite the cancellation of the ENI contract, the government is reportedly seeking a new partner to proceed with extraction.
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Document type: Case study
People Power in action: Uniting against oil exploration in Togo
The Doevi Kope community in Togo, supported by Les Amis de la Terre Togo, is resisting oil exploration following the 2012 confirmation of oil off their coast. After the government signed a contract with the Italian company ENI without community knowledge, a campaign led to the contract's cancellation. Community members' opposition is informed by visits to Ghana and reports from Nigeria and Chad, where they observed oil pollution killing fish, poisoning farmland, and destroying livelihoods. The community also cites previous government failures, such as a 1960s harbor project that caused severe coastal erosion and house destruction. Despite the initial contract cancellation, the government is reportedly seeking a new partner for oil extraction.
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Document type: Case study
Le pouvoir aux peuples: tous ensemble contre l’exploration pétrolière au Togo
The document details the resistance of communities in Doevi Kope, Gbetsogbe, and Katanga against offshore oil exploration in Togo. Following the discovery of oil deposits in 2012 and a secret contract with the Italian energy company ENI, local activists and residents campaigned to have the contract terminated. The resistance is informed by observed impacts in Nigeria, Chad, and Ghana, where oil extraction led to the destruction of fisheries, agricultural land, and livelihoods. The text also notes that the region has previously suffered from coastal erosion and displacement caused by port construction since the 1960s, and warns that the Togolese government may still be seeking a new partner to exploit the oil deposits.
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Document type: Case study
PROPUESTA DE TEXTO CAMPAÑA MUNDIAL PARA RECLAMAR LA SOBERANÍA DE LOS PUEBLOS, DESMANTELAR EL PODER CORPORATIVO Y PONER FIN A LA IMPUNIDAD
This draft treaty proposes a comprehensive international legal framework to hold transnational corporations (TNCs) and their managers accountable for human rights violations. It argues for the supremacy of international human rights law over trade and investment agreements, establishes the responsibility of 'home states' to regulate TNCs extraterritorially, and proposes the creation of an International Court on Transnational Corporations and an International Monitoring Center. The text details specific obligations for TNCs—including bans on forced labor, protection of indigenous land rights, and environmental compliance—and mandates that states ensure access to justice and reparations for affected communities.
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Document type: Statement
EXPLORING COLLABORATION BETWEEN MDBs AND NATIONAL ENTITIES ON ENVIRONMENTAL AND SOCIAL SAFEGUARDS: THE CASE OF SOUTH AFRICA AND ETHIOPIA
The paper examines the shift toward 'country ownership' in environmental and social (E&S) safeguards, where MDBs increasingly allow borrowing nations to use their own national systems. Through case studies of South Africa's Medupi Power Station and Ethiopia's road sector, the authors analyze the tension between MDB technical standards and national development priorities. While South Africa is presented as a model of high legislative alignment, Ethiopia illustrates challenges including capacity gaps, limited civil society participation, and the influence of non-traditional funders like China. The paper argues for a move from prescriptive standards to results-based implementation, recommending country-specific 'E&S safeguards plans,' enhanced regional capacity building, and a greater role for national development finance institutions (DFIs).
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Document type: Research paper
UPDATE ON THE PREFERRED BIDDERS UNDER THE FIRST BID WINDOW OF THE COAL BASELOAD IPP PROCUREMENT PROGRAMME AND THE PROPOSED KIPOWER COAL-FIRED POWER STATION
The Centre for Environmental Rights (CER) informs the South African Department of Energy that the Thabametsi and Khanyisa coal-fired power stations, both preferred bidders under the Coal Baseload IPP Procurement Programme (CBIPPPP), and the proposed KiPower station do not meet the legal qualification criteria for financial close. The CER highlights that a North Gauteng High Court ruling established that a full climate change impact assessment (CCIA) is a necessary part of the environmental impact assessment (EIA) for coal-fired plants. Thabametsi's CCIA indicated the plant would be one of the highest greenhouse gas emitters in the country and faces high water availability risks. Khanyisa and KiPower have failed to conduct CCIAs. The letter also notes that these projects are located in the water-stressed Olifants River Catchment and the Highveld Priority Area, where air quality is out of compliance with health standards. The CER requests clarification on whether the financial close deadline has been suspended pending the updated Integrated Resource Plan (IRP) and Integrated Energy Plan (IEP).
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Document type: Statement
THE DEVELOPMENT BANK OF SOUTHERN AFRICA’S ROLE IN THE FINANCING OF THE PROPOSED THABAMETSI COAL-FIRED POWER PLANT
The Centre for Environmental Rights (CER) has challenged the Development Bank of Southern Africa's (DBSA) financing of the Thabametsi coal-fired power plant. The CER highlights a March 2017 North Gauteng High Court ruling that suspended the project's environmental authorisation because climate change impacts were not adequately considered. The CER notes that Thabametsi's own assessments indicate it would be one of South Africa's highest greenhouse gas emitters and faces high water availability risks. The document argues that financing new coal projects contradicts the DBSA's stated goals of supporting a low-carbon economy and its status as a UN Green Climate Fund entity, warning that the plant is likely to become a stranded asset given South Africa's commitments under the Paris Agreement.
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Document type: Statement
L’émergence des Pôles de Croissance Agricoles en Afrique
The briefing examines the rise of agricultural growth poles, or agropoles, across Africa as a strategy to attract private investment and transition from subsistence to commercial agriculture. It identifies 36 growth poles and 9 corridors across 23 countries, covering at least 3.5 million hectares. While these tools aim to boost competitiveness and industrialization, the document highlights operational failures, such as delays in Morocco and Senegal, and risks like 'land grabbing' and the creation of economic dualism. It argues that for agropoles to be sustainable, they must be supported by robust national legal frameworks, avoid restrictive stabilization clauses, and follow a three-step development process: vision, design, and implementation, with a strong emphasis on community engagement and environmental impact assessments.
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Document type: Briefing
IGF Mining Policy Framework Assessment: Rwanda
The assessment finds that Rwanda possesses a strong legal and regulatory framework for mining, particularly in permitting and the formalization of artisanal and small-scale mining (ASM). However, it identifies significant gaps in the implementation of these policies, specifically regarding environmental monitoring, socioeconomic impact assessments, and mine closure planning. While the government shows a strong willingness to improve the sector, the report highlights a lack of technical capacity and a need for better integration between the Rwanda Development Board (RDB) and the Ministry of Natural Resources (MINIRENA).
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Document type: Report
Proposed incidental harassment authorizations for seismic surveys in the Atlantic Ocean
A coalition of environmental and animal welfare organizations urges the National Marine Fisheries Service (NMFS) to withdraw proposed incidental harassment authorizations (IHAs) for five industrial seismic surveys off the U.S. East Coast. The document argues that NMFS used outdated scientific thresholds to underestimate the 'take' of marine mammals, failed to account for cumulative impacts of multiple surveys, and ignored significant harm to prey species and acoustic habitats. It specifically highlights the risk to the critically endangered North Atlantic right whale, asserting that the proposed activity could be a "tipping point" for the species' survival. The coalition further claims that the proposed mitigation measures, such as seasonal closures and visual monitoring, are insufficient and not based on the best available science.
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Document type: Statement
IGF Mining Policy Framework Assessment: Mongolia
The assessment finds that Mongolia has a medium level of implementation of the IGF Mining Policy Framework. Key strengths include a high level of transparency in tax and royalty flows through the EITI and a legal framework for artisanal and small-scale mining (ASM). However, significant gaps exist in the management of high-risk mine wastes, the lack of a comprehensive system for mine closure and financial assurance, and limited government capacity to audit complex tax returns and address transfer pricing. The report recommends prioritizing capacity building in mine closure, financial benefit optimization, and socioeconomic benefit optimization to ensure the mining sector contributes to long-term sustainable development.
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Document type: Report
African politics meets Chinese engineers: The Chinese-built Standard Gauge Railway Project in Kenya and East Africa
The document analyzes the Mombasa-Nairobi Standard Gauge Railway (SGR), a US$3.8 billion project financed largely by China. It argues that most controversies surrounding the project—including corruption, land disputes, and labor tensions—stem from Kenya's neo-patrimonial political culture and governance failures rather than Chinese predatory behavior. While the SGR has provided local employment and skills training, the authors highlight concerns over its economic viability, the lack of transparent bidding, and the environmental impact on wildlife corridors in Tsavo National Park.
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Document type: Research paper
SUBMISSION OF COMMENTS FOR THE DRAFT ENVIRONMENTAL (STRATEGIC ASSESSMENT, INTEGRATED IMPACT ASSESSMENT AND AUDIT) REGULATIONS, 2017
The document outlines a series of recommendations to strengthen the draft 2017 Environmental Regulations in Kenya, focusing on expanding definitions of cumulative impacts, enhancing public participation, and ensuring more rigorous oversight of environmental audits and licenses.
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Document type: Statement
ENVIRONMENTAL AUTHORISATION FOR THE CONSTRUCTION OF A 600 MW COAL-FIRED INDEPENDENT POWER PLANT AND ASSOCIATED INFRASTRUCTURE FOR KIPOWER (PTY) LIMITED SOUTH AFRICA / CLIMATE CHANGE IMPACT ASSESSMENT
A letter from MacRobert Attorneys to the Centre for Environmental Rights (CER) regarding the environmental authorisation for a 600 MW coal-fired independent power plant for KiPower (Pty) Limited in South Africa. The letter confirms the developer's intent to conduct a Climate Change Impact Assessment (CCIA) following a specific court judgement.
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Document type: Statement