Search Climate Insights Directory

The document identifies three typologies of rights-based claims in the extractive sector of South and Southeast Asia: environmental justice, Indigenous rights and land claims, and the right to conduct artisanal and small-scale mining. It highlights that while international law provides a framework for these rights, local actors face significant institutional, financial, and informational barriers. The brief recommends strengthening the rule of law, formalizing artisanal mining, and incorporating free, prior and informed consent (FPIC) into domestic legal frameworks.

The paper identifies three main categories of rights-based claims: environmental justice, Indigenous rights and land claims, and artisanal and small-scale mining (ASM) rights. It finds that claimants often use multi-scalar strategies, combining domestic litigation with mass protests and international advocacy. While some claims lead to the suspension of extractive activities or improved corporate engagement, others are met with state oppression or violence. The study highlights the critical role of civil society organizations (CSOs) as enablers and the importance of framing strategies to maximize available resources.

The Centre for Environmental Rights (CER) submitted comments and proposed amendments to the Department of Mineral Resources and Energy regarding the draft Mine Community Resettlement Guidelines, 2019. The CER expressed concern that the public commenting period coincided with the festive season, which they argue compromised the public participation process by hindering engagement with clients and partners.

The Centre for Environmental Rights (CER) provides a supplementary table of comments on the National Environmental Management Laws Amendment Bill, 2017 [B14D-2017]. The document details proposed amendments to several South African environmental laws, including the National Environmental Management Act (NEMA), the Protected Areas Act (NEMPAA), and the Integrated Coastal Management Act (NEMICMA), offering specific critiques and alternative wording to strengthen environmental protection and enforcement.

The Centre for Environmental Rights (CER) provides a table of comments and proposed amendments to the 2019 Draft Mine Community Resettlement Guidelines. The CER argues that the guidelines must move beyond simple consultation toward Free Prior and Informed Consent (FPIC), expand the definition of compensation to include non-material losses, and ensure that resettlement processes are enforceable through amendments to the Mineral and Petroleum Resources Development Act (MPRDA).

The 2020 NYDF Progress Assessment reports that large-scale, top-down infrastructure and extractive projects continue to threaten intact tropical forests with minimal benefit to local communities. Despite the adoption of environmental safeguards by financial institutions and the mobilization of Indigenous peoples, systemic barriers—including limited corporate transparency, slow government implementation of forest policies, and continued financial flows to destructive activities—hinder progress. The report argues that meeting forest and climate goals requires a fundamental economic shift away from exploitation toward alternative development models.

The guide outlines a comprehensive legal framework for managing the environmental and social impacts of large-scale mining throughout its entire lifecycle. It identifies 20 essential components for a robust legal system, ranging from sustainable development commitments and public participation to financial guarantees for mine closure. The document provides a phased approach for government action—covering exploration, planning, construction, operation, and closure—and offers practical tools, such as gap analyses and checklists, to help governments improve their regulatory governance and avoid the social and environmental legacies of abandoned mines.

The report finds that despite the Mnangagwa administration's rhetoric of being 'open for business,' substantial foreign direct investment has not materialised due to a combination of bureaucratic red tape, policy inconsistency, and a lack of respect for property rights. While net FDI rose from US$247 million in 2017 to US$744 million in 2018, this remains far below the US$27 billion in deals signed by the president. The document highlights critical barriers including a 'dead asset' land tenure regime in agriculture, a lack of an independent central bank, and the pervasive influence of the military in the private sector. It concludes that the government's 'command and control' philosophy and the high-risk profile created by US sanctions and a history of bad debt continue to deter international investors.

The study models the impact of climate change and mining on the Chindwin River, finding that future climate scenarios are likely to reduce streamflow and associated metal loading, while identifying specific river segments with the highest concentrations of arsenic, mercury, and iron.

The Penhalonga Community Environmental Audit Report describes a community-led 'ground-truthing' process conducted over 16 months to examine company compliance with environmental laws and regulations in Penhalonga, Zimbabwe, a region historically impacted by gold mining.

Mighty Earth opposes the Trump administration's removal of protections from millions of acres of US public lands and waters, warning that companies engaging in extractive activities in these areas face risks of stranded assets, legal challenges, and public backlash. The statement calls for companies and banks to adopt policies against new or expanded commercial activity on protected or formerly protected federal lands.

Friends of the Earth International asserts that the record-breaking fires in the Amazon, particularly in Brazil, are caused by agribusiness, mining, and logging interests supported by President Jair Bolsonaro's administration. The statement highlights a massive increase in fire detections and deforestation rates, attributing these trends to the dismantling of environmental protections and the suppression of indigenous land rights. It calls for international condemnation of these policies and criticizes the European Union for pursuing a trade agreement with MERCOSUR despite this environmental devastation.

Friends of the Earth International denounces the 2019 Amazon fires, attributing them to the Brazilian government's dismantling of environmental protections to benefit agro-industry and mining. The statement highlights a record increase in fires and deforestation, the persecution of indigenous peoples, and the global climate implications of the destruction of the Amazon rainforest.

Friends of the Earth International asserts that the 2019 Amazon wildfires, particularly in Brazil, are the result of agribusiness, mining, and timber expansion facilitated by President Jair Bolsonaro's government. The organization highlights a significant increase in fires and deforestation, the dismantling of climate laws, and the persecution of Indigenous Peoples and environmental defenders. It calls for international condemnation of these policies and criticizes the European Union's pursuit of a trade agreement with MERCOSUR amidst this environmental devastation.

The report finds that non-agricultural sectors continue to pose a significant risk to global forests, acting as 'drivers of drivers' where infrastructure like roads enables further clearing. Despite the adoption of the 'mitigation hierarchy' and new sustainability certifications, political inertia and the demand for minerals—driven by both industrialization and the transition to low-carbon technologies—threaten intact forests in the Amazon, Congo Basin, and Indonesia. The document highlights a trend of 'protected area downgrading, downsizing, and degazettement' (PADDD) to facilitate construction and notes that while biodiversity offsets are increasing, they often fail to reduce overall forest impacts.

This responding statement, submitted by the Centre for Environmental Rights on behalf of eight appellants, challenges the approval of the Environmental Management Programme (EMPR) for Atha-Africa Ventures (Pty) Ltd’s proposed Yzermyn Mine. The appellants argue that the Mpumalanga Regional Manager approved an EMPR that had previously been found to fail statutory requirements regarding environmental protection, specifically concerning wetlands and water resources.

A notice of appeal filed on 3 July 2019 by a coalition of eight civil society and community non-profit organisations, represented by the Centre for Environmental Rights (CER), challenging the decision of the Gert Sibande District Municipal Planning Tribunal to approve a land-use change application for Portion 1 of the farm Yzermyn 96 HT in Mpumalanga Province.

The report examines the decarbonization of mining haul trucks, which currently emit 68 MtCO2 annually and represent a significant portion of mine energy use. It argues that meeting 2050 targets requires a nonlinear pathway involving full decarbonization via disruptive technology by 2040, as near-term partial investments offer limited long-term timing benefits.

The report examines the systemic injustices of the investor-state dispute settlement (ISDS) regime, using ten case studies to demonstrate how corporations use international arbitration to bypass domestic courts and challenge public interest laws. It highlights the 'regulatory chill' effect, where the threat of multi-billion dollar lawsuits deters governments from implementing climate, health, and environmental protections. The document specifically criticises the European Union's proposed reforms, arguing that the Investment Court System (ICS) and the Multilateral Investment Court maintain the same substantive investor privileges that allow corporations to claim compensation for lost future profits and ignore human rights obligations.

The document challenges the assumption that peace is inherently good for all businesses, arguing that many companies operating in fragile and conflict-affected states (FCAS) may actually benefit from the status quo or face severe reprisals for engaging in peacebuilding. It contends that policies focusing solely on GDP growth or 'de-risking' investment without considering conflict dynamics can exacerbate fragility. The author urges 'systems shapers'—those who finance and regulate the private sector—to adopt conflict-sensitive approaches and ensure corporate accountability to prevent the private sector from becoming a vector for instability.