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Contrats d’investissement pour les terres agricoles et l’eau : 10 étapes
The document outlines ten essential steps for negotiating sustainable agricultural investment contracts, emphasizing the need for thorough preparation, independent feasibility and impact studies, and the protection of local land and water rights. It warns against 'land grabbing' and the use of broad stabilization clauses, while advocating for Community Development Agreements and clear investor obligations regarding local employment and technology transfer.
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Document type: Guide
REVIEW AND UPDATE OF THE WORLD BANK ENVIRONMENTAL AND SOCIAL SAFEGUARD POLICIES
The document provides a detailed critique and set of recommendations for the World Bank's Environmental and Social Safeguard Policies. It argues that the Bank has failed to incorporate current international standards and suffers from inadequate monitoring, noting that between 1999 and 2008, more than one-third of projects were inadequately monitored. The authors advocate for the adoption of Free, Prior and Informed Consent (FPIC) as a cross-cutting requirement for all safeguards, the recognition of Indigenous Peoples’ and Community Conserved Territories and Areas (ICCAs) as legitimate conservation measures, and the integration of human rights due diligence into the Bank's operational framework.
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Document type: Report
Environmental Rights Blog: Bulldozing environmental rights by fast-tracking infrastructure development will cost us dearly
The Centre for Environmental Rights criticises the draft Infrastructure Development Bill for omitting references to sustainable development and imposing a strict 250-day authorisation timeline for special infrastructure projects (SIPs). The author contends that these fast-tracked processes bypass necessary scientific assessments and public consultations, potentially violating constitutional rights to a healthy environment and just administrative action. The document warns that inadequate environmental planning for projects like mines and power stations will lead to long-term state liabilities and disproportionately affect vulnerable communities.
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Document type: Statement
Mega Dams and CDM Fraud in Sikkim
The author contends that hydropower projects in Sikkim, such as Teesta III and Teesta VI, are not 'additional' because hydropower is common practice in India's North East, meaning they do not actually reduce emissions. The text alleges that developers misled the UNFCCC and bypassed mandatory stakeholder consultations regarding CDM credits. Furthermore, it highlights the failure to recognize Lepcha peoples' land rights and the absence of holistic impact assessments in Environmental Impact Assessments (EIAs), leading to landslides and house destruction. The document concludes that the CDM's verification process is weak and calls for the immediate revocation of all big hydro CDM registrations in the region.
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Document type: Statement
Stop threats to Nigerian environmentalist Odey Oyama
Odey Oyama, director of the Nigerian Rainforest Resource Development Centre (RRDC), is facing life threats and has been placed on a government watch list after opposing a 50,000 hectare palm oil plantation established by Wilmar International in Cross-River State, Nigeria. The RRDC alleges that Wilmar claimed land belonging to local farmers and protected forests, and began planting without local consent or a proper Environmental Impact Assessment. The RRDC is preparing a lawsuit against the company and the government for failure to comply with Nigerian laws.
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Document type: Statement
COMMENTS ON THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT AMENDMENT BILL, 2012
The Centre for Environmental Rights (CER) submitted comments on the Mineral and Petroleum Resources Development Amendment Bill, 2012, arguing that while the application of the National Environmental Management Act (NEMA) to mining is welcome, the Bill fails to ensure adequate community consultation and transparency. The CER criticizes the proposed administrative penalty system for lacking an independent tribunal and warns that the Department of Mineral Resources (DMR) lacks the capacity to act as the competent environmental authority. The document further advocates for the reinstatement of joint and several liability for company directors and the removal of state immunity from criminal liability.
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Document type: Statement
Mining and Biodiversity Guideline
The Mining and Biodiversity Guideline establishes a framework for the South African mining industry to minimize ecological impacts through six core principles: applying the law, using best available biodiversity information, engaging stakeholders, employing best practice Environmental Impact Assessments (EIA), applying the mitigation hierarchy, and ensuring effective implementation of Environmental Management Programmes (EMP). It categorizes biodiversity priority areas into four risk levels (A to D), ranging from legally prohibited mining zones to areas of moderate risk. The guide emphasizes a 'risk-based approach' to protect natural capital and maintain a 'social licence to operate', detailing specific requirements for each stage of the mining life cycle: reconnaissance, prospecting, production, and decommissioning/closure.
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Document type: Guide
Rubber Barons
The report details a land grabbing crisis in Cambodia and Laos driven by Vietnamese companies Hoang Anh Gia Lai (HAGL) and the Vietnam Rubber Group (VRG). These companies are accused of bypassing legal land limits through shell companies, clearing intact forests, and displacing indigenous communities without adequate compensation. The document highlights the role of international financiers, specifically Deutsche Bank and the International Finance Corporation (IFC), in bankrolling these operations despite their public commitments to sustainability. It concludes that the lack of binding international frameworks allows such companies to operate with impunity, facilitated by corrupt political elites in the host countries.
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Document type: Report
Governing Growing Wind Power: Policy Coherence of Wind Power Expansion and Environmental Considerations in Sweden, with Comparative Examples from Norway
The report analyzes the governance of land-based wind power in Sweden, focusing on the tension between rapid expansion goals and environmental protection. It details the Swedish concession process, the significant role of the municipal veto, and the use of research programs like Vindval to inform decision-making. A comparison with Norway highlights Sweden's more decentralized approach, which increases local influence but introduces uncertainty for developers.
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Document type: Report
The Challenge of Deploying Wind Energy in Mexico: The Case of the Isthmus of Tehuantepec
The Interamerican Association for Environmental Defense (AIDA) and the Mexican Environmental Law Center (CEMDA) report that at least 14 wind projects in the Isthmus of Tehuantepec, Oaxaca, have generated social and environmental costs that outweigh their benefits. The authors highlight the failure of the Mexican government to ensure free, prior, and informed consent for indigenous communities, the use of unreasonable land lease terms, and the occurrence of threats and violence against local opposition. Environmental damages cited include mangrove deforestation and the destruction of migratory bird habitats. The document calls for a human rights-based development protocol and a process to measure project externalities to ensure sustainability and community benefit.
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Document type: Statement
AN ANALYSIS OF INTERNATIONAL LAW, NATIONAL LEGISLATION, JUDGEMENTS, AND INSTITUTIONS AS THEY INTERRELATE WITH TERRITORIES AND AREAS CONSERVED BY INDIGENOUS PEOPLES AND LOCAL COMMUNITIES
The report examines the status of ICCAs in Kenya, highlighting a tension between traditional community stewardship and centralized state management. It identifies key types of ICCAs, including pastoralist rangelands, sacred Kaya forests, and Locally Managed Marine Areas (LMMAs). A central theme is the impact of the 2010 Constitution, which proposes converting 'trust land' to 'community land' to provide better tenure security. The document notes that while forestry and fisheries have moved toward co-management, the wildlife sector remains highly centralized, with a ban on consumptive use since 1977. It highlights the 'Endorois case' as a landmark for indigenous land rights in Africa and discusses specific case studies like the Loita Forest and Namunyak Wildlife Conservancy to illustrate the effectiveness of local stewardship and the threats posed by government encroachment.
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Document type: Report
AN ANALYSIS OF INTERNATIONAL LAW, NATIONAL LEGISLATION, JUDGEMENTS, AND INSTITUTIONS AS THEY INTERRELATE WITH TERRITORIES AND AREAS CONSERVED BY INDIGENOUS PEOPLES AND LOCAL COMMUNITIES
The report examines the status of ICCAs in Taiwan, highlighting a systemic lack of formal legal recognition for indigenous customary land and resource rights. While the Basic Act of Indigenous Peoples (2005) provides some theoretical recognition, state agencies—particularly the Forestry Bureau—remain reluctant to share decision-making power. The document details several community-led conservation successes, such as the Danayiku Nature Park and the Smangus village's collective management, and notes a positive shift in judicial trends where courts have begun to recognize traditional territories.
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Document type: Report
ANÁLISIS DE DERECHO INTERNACIONAL, LEGISLACIÓN NACIONAL, FALLOS, E INSTITUCIONES AL INTERRELACIONARSE CON TERRITORIOS Y ÁREAS DE CONSERVACIÓN DE LOS PUEBLOS INDÍGENAS Y COMUNIDADES LOCALES
The document examines the systemic lack of legal recognition for Indigenous and Community Conserved Areas (TICCAs) in Chile. It argues that the Chilean state prioritizes individual property and extractivist economic models over communal indigenous land rights, often criminalizing social protests. While international instruments like ILO Convention 169 and the UN Declaration on the Rights of Indigenous Peoples are ratified, their domestic implementation is described as precarious. The report highlights a tension between state-managed protected areas—which often exclude indigenous populations—and community-led initiatives like the Mapu Lahual and Quinquén projects. It concludes that deep legal reforms are necessary to transition from an exclusionary 'Yellowstone model' of conservation to one based on shared governance and the restitution of ancestral lands.
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Document type: Report
AN ANALYSIS OF INTERNATIONAL LAW, NATIONAL LEGISLATION, JUDGEMENTS, AND INSTITUTIONS AS THEY INTERRELATE WITH TERRITORIES AND AREAS CONSERVED BY INDIGENOUS PEOPLES AND LOCAL COMMUNITIES
The report examines the legal and institutional landscape of Fiji regarding Indigenous and Community Conserved Areas (ICCAs), highlighting a significant gap between customary stewardship and formal legal recognition. While 87.9% of land is i Taukei (indigenous) owned, marine and freshwater tenure is vested in the State, creating contradictions with traditional 'i qoliqoli' fishing rights. The document details the growth of Locally Managed Marine Areas (LMMAs) and the challenges posed by political instability, overlapping agency mandates, and the prioritization of extractive industries like mining over conservation. It argues for a comprehensive national protected area legislative framework to formally recognize ICCAs and protect them from encroachment.
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Document type: Report
Uranium Mining in Africa: A Continent at the Centre of a Global Nuclear Renaissance
The document examines Africa's role in the 'global nuclear renaissance,' noting that the continent holds 18% of world uranium resources. It details the production activities of Namibia, Niger, Malawi, and South Africa, while identifying emerging exploration in countries like the Central African Republic and Tanzania. The author argues that while uranium mining provides significant GDP contributions and employment, it is plagued by governance challenges, including a lack of institutional capacity to monitor environmental and health impacts. The paper compares African practices with those in Canada and Australia and suggests that strengthening government capacity and adopting international best practices, such as those from the IAEA and EITI, are essential for sustainable development.
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Document type: Research paper
Local stakeholder consultation examined in India and Mexico
The document argues that local stakeholder consultations for Clean Development Mechanism (CDM) projects in India and Mexico are frequently inadequate or falsified due to a lack of clear guidelines and oversight. In India, project proponents often omit meeting details from public notices, provide documents in English that are inaccessible to impoverished villagers, and produce reports that omit unfavorable comments. The author provides case studies from Gujarat involving a solar project and a biogas project to illustrate how villagers were excluded or ignored. To improve transparency and sustainable development, the document recommends mandatory videography of consultations, publishing notices in local languages and multiple newspapers, and ensuring the public is informed about their 2% share of carbon credit sales.
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Document type: Statement
presentación de amicus curiae en la acción de amparo interpuesta por Martin Charaja Valdez y otros en el Expediente Nº 01129-2012-PA/TC
The document argues that the Peruvian state violated international human rights law by granting mining concessions in the Tiquillaca district without prior consultation with the Arboleda and other indigenous peoples. It asserts that under the American Convention on Human Rights and ILO Convention 169, such consultations must occur during the earliest planning stages and, for large-scale projects, require free, prior, and informed consent. The authors contend that the failure to consult renders the concessions null and void, requiring the judiciary to review them to ensure the survival and territorial rights of the affected communities.
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Document type: Legal commentary
Position statement on protection of environmental rights in decisions around fracking for shale gas
The Centre for Environmental Rights (CER) calls for the publication of an expert task team report and the holding of public hearings before the Minister of Mineral Resources decides on shale gas fracking licences in the Karoo. The CER criticizes the current process for its secrecy, the refusal of access to information requests by the Department of Mineral Resources and the Department of Environmental Affairs, and the exclusion of vulnerable communities. The CER opposes any fracking technology that contaminates aquifers, introduces pollutants, increases carbon-intensive energy dependence, or hinders South Africa's carbon emissions targets. They demand a 90-day moratorium and public consultation period following the report's release, and insist that any future authorizations include stringent regulation under the National Environmental Management Act and the National Water Act.
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Document type: Statement
mining and environment litigation review
The report analyzes 32 judicial precedents and 16 'live' cases to assess the legal landscape of mining and environmental rights in South Africa. It highlights a significant increase in litigation since the 2004 Mineral and Petroleum Resources Development Act (MPRDA), noting that while courts have made progressive rulings on land-use planning and consultation, there are critical gaps in jurisprudence regarding the National Environmental Management Act (NEMA) and the National Water Act (NWA). The document identifies systemic failures in the Department of Mineral Resources' (DMR) administrative processes, including lengthy appeal delays and inadequate public notification, and provides strategic recommendations for civil society to use constitutional norms and specific precedents to hold mining companies and the state accountable.
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Document type: Report
Minister Molewa’s 2012 Budget Vote Speech for DEA: Climate change, Rio+20, Green Economy jobs, EIAs, Waste Strategy and rhino poaching
Minister Molewa's 2012 Budget Vote Speech details South Africa's commitment to a 'just transition' to a low-carbon, green economy. Key initiatives include the implementation of the National Climate Change Response Policy, the rollout of a 800 million Rand Green Fund, and the creation of biodiversity jobs through SANBI. The speech also addresses the National Waste Management Strategy, the fight against rhino poaching through SADC collaboration and CITES engagement, and the streamlining of Environmental Impact Assessments (EIAs) to balance economic growth with sustainability.
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Document type: Statement