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The publishing organization ispublisher:CAPE
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Summary and key findings insummary:"conflict of interest"
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Climate tags, frame/perspective and analysis type hasconcept:"Climate Justice"
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Regions the document covers or discusses geography:Canada
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593 results

  • The document examines Zambia's efforts to leverage local content in its mining industry through policies like the Mines and Minerals Development Act and the Citizens Economic Empowerment Act. It highlights a critical gap: while service companies are clearly defined, there is no specific definition of the value-added required for goods to be considered 'made in Zambia'. This omission, combined with a lack of specific targets and quotas, has hindered enforcement and compliance. Consequently, despite various supplier development initiatives such as the IFC Copperbelt SME Suppliers Development Program and the Zambia Mining Local Content Initiative, up to 95% of goods and services locally procured by the mining industry remain imported.

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    Regions: Zambia
  • The document examines how multinational enterprises (MNEs) in the mining sector use debt financing to shift profits from host countries to offshore jurisdictions. It details common base erosion techniques—such as debt 'push downs', interest rate markups, and hybrid instruments—and evaluates various policy responses. The primary recommendation is the implementation of BEPS Action 4, which links net interest deductions to a fixed ratio of taxable EBITDA (between 10% and 30%). The guide also discusses complementary measures including thin capitalisation rules, interest withholding tax (IWT), and transfer pricing regulations, while emphasizing the need to balance tax base protection with the maintenance of an attractive investment climate.

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    Themes: mining
    Regions: World
  • The document examines Resource-for-Infrastructure (RFI) agreements, which allow resource-rich but credit-constrained developing countries to secure infrastructure funding by securitizing future mineral or oil revenues. Using the Sicomines deal in the Democratic Republic of Congo (DRC) as a case study, the author highlights the benefits of rapid investment and reduced embezzlement risks, while warning against high costs, poor quality, and a lack of transparency. The brief recommends increasing supply-side competition, implementing third-party quality controls, and adopting conservative risk calculations to improve the outcomes of such deals.

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  • The statement denounces the December 3, 2017, killing of Datu Victor Danyan and seven community members in South Cotabato, Philippines, by government forces. It links these violence to conflicts over ancestral territories invaded by the Consunji company for mining and coffee plantations, arguing that the judicial system fails to protect indigenous rights against corporate interests.

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    Document type: Statement

  • The review of Jacob Zuma's presidency highlights a period of economic decline characterized by low GDP growth, high unemployment, and state-owned enterprise debt. While the administration saw successes in renewable energy investment via the Independent Power Producers Procurement Programme and international acclaim for its HIV/Aids response, it was marred by corruption, state capture, and investor-unfriendly policies in mining and land expropriation. The presidency also shifted diplomatic focus toward China and the BRICS grouping, though this came at the expense of other strategic partnerships.

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  • The report concludes that the Highveld Priority Area (HPA) has failed to improve air quality over the decade since its 2007 declaration. Despite the 2012 air quality management plan, ambient air quality remains out of compliance with health-based standards, largely due to industrial non-compliance and government failure in monitoring and enforcement. The authors highlight a deterioration in the monitoring network, inadequate dust control for mining, and a lack of resources and skilled staff within local municipalities. The report specifically criticizes the National Air Quality Officer for granting compliance postponements to major polluters Eskom and Sasol, arguing that this has hindered pollution reduction and violated the constitutional rights of residents.

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    Document type: Report

  • The document argues for a UN binding treaty that removes the legal immunity of International Financial Institutions (IFIs) and establishes criminal and civil liability for transnational corporations (TNCs). It highlights environmental disasters in the Philippines and Indonesia, such as the Marcopper mining spill and large-scale peatland fires, to illustrate the failure of current voluntary safeguards. The report specifically calls for the protection of environmental and human rights defenders, noting the gender-specific violence faced by women defenders.

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    Regions: Asia Pacific
  • The report advocates for a binding UN treaty to hold transnational corporations and International Financial Institutions (IFIs) accountable for human rights and environmental abuses. It highlights the problematic immunity of IFIs, the environmental destruction caused by palm oil and paper plantations in Indonesia, and the systemic violence faced by environmental defenders, particularly women. The authors argue that current voluntary guidelines are insufficient and that legal liability must extend across entire supply chains.

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  • The report details various cases in Latin America where transnational corporations in mining, energy, agribusiness, and tobacco have violated human rights and caused environmental destruction. It highlights the 'architecture of impunity' created by bilateral investment treaties and the ICSID arbitration system, which allow companies to sue states over public interest policies. The document advocates for a binding international treaty and an independent international tribunal to ensure corporate accountability and the supremacy of human rights over commercial interests.

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    Regions: Latin America
  • The report details cases of corporate abuse in Latin America, including mining disasters in Brazil, the assassination of environmental defenders in Mexico and Honduras, and legal battles over public health and water in Uruguay and Argentina. It argues that current international investment frameworks, such as the ICSID, protect corporate profits over human rights and national sovereignty. The authors call for a binding UN treaty to end corporate impunity and the establishment of an international tribunal to hold transnational companies accountable for environmental and social crimes.

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    Regions: Latin America
  • The document examines the failure of community trusts to deliver broad-based empowerment in South Africa's mining sector, highlighting how historical land tenure and the power of traditional chieftaincies often lead to rent-seeking and conflict. It specifically critiques Mining Charter III for mandating a new, ill-defined state agency to manage community shares without addressing the underlying governance failures seen in cases like the Bapo Ba Mogale and Bakwena Ba Mogopa.

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    Regions: South Africa
  • The Center for International Environmental Law (CIEL) asserts that NAFTA has historically expanded resource-intensive industries and weakened regulations through investor protections. In Mexico, this has led to increased factory farming, toxic pollution from maquiladoras, and extensive mining activities. In Canada, the agreement's proportionality clause has supported the expansion of tar sands oil and other carbon-intensive energy. CIEL advocates for a new trade system that eliminates fossil fuel subsidies, removes the investor-state dispute settlement system, and prioritizes the precautionary principle and climate safeguards.

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  • FSD Tanzania (FSDT) provided approximately USD 1.36 million in grants to the Capital Markets and Securities Authority (CMSA) and the Dar es Salaam Stock Exchange (DSE) to establish the Enterprise Growth Market (EGM). The EGM aims to provide long-term equity capital for growth-oriented SMEs in sectors such as agribusiness, mining, and manufacturing. Since its launch, five companies have listed, raising approximately TZS 46 billion from 242,518 investors. While the initiative has successfully increased the number of investors and improved the capacity of regulators, challenges remain regarding low liquidity, limited managerial skills among MSMEs, and the sustainability of funding for awareness and capacity-building activities.

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    Document type: Case study

    Regions: Tanzania
  • The Centre for Environmental Rights issued a formal request to Exxaro Resources Ltd on 17 February 2017 for specific regulatory and technical documentation regarding the proposed Thabametsi Mine.

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    Document type: Statement

  • The Centre for Environmental Rights (CER) submitted a formal statement to the Dr Pixley Ka Isaka Seme Local Municipality challenging a land use application for Portion 1 of the Farm Yzermyn 96 HT. The CER argues that the application for rezoning is legally flawed because no town-planning scheme exists for the area, and that the process has failed to meet statutory requirements for public notice and inspection.

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    Document type: Statement

  • The document assesses public finance aligned with REDD+ goals in Côte d’Ivoire for 2015, highlighting the risk of total forest loss by 2034 due to agricultural expansion and logging. It argues that 'greening' existing agricultural finance could increase REDD+ aligned funding fivefold to FCFA 101 billion (USD 169 million) and suggests new mechanisms like a National REDD+ Fund to support sustainable land use.

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    Document type: Research paper

    Regions: Ivory Coast
  • The document highlights how large-scale development projects like dams and mines negatively impact women, who often face displacement to marginal lands, loss of resource access, and exclusion from decision-making. While international legal instruments protect the rights to water, food, and a healthy environment, the briefing notes a failure in implementation, particularly in resource-dependent countries with weak governance. It calls for integrated governmental approaches, gender-sensitive corporate due diligence, and capacity building for women to seek legal redress. Case studies from South Africa, Kenya, and India demonstrate that legal training and empowerment can enable women to successfully challenge mining companies and secure land titles.

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    Regions: World
  • The document details a workshop involving government officials, Sami representatives, and researchers to address the gap between legal requirements to promote Sami culture and the actual practice of authorities in planning and permitting. Key discussions focused on the necessity of early dialogue, the recognition of traditional knowledge, and the systemic failure to account for cumulative effects of land exploitation. The report highlights a strong convergence between authorities and Sami representatives on the primary obstacles, such as resource shortages and the problematic assumption of 'coexistence' between industry and reindeer husbandry.

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    Document type: Report

    Regions: Sweden
  • The report examines the use of community protocols in four countries to address the impacts of extractive industries. It finds that while the processes are time-consuming and context-dependent, they can empower communities through legal training, the formation of advocacy groups, and the creation of frameworks for free, prior and informed consent (FPIC). The report highlights that early engagement is generally more effective, though protocols can still yield results during active mining operations, as seen in Zimbabwe. Key challenges include internal community conflicts, power imbalances with corporations, and the need for strong local partnerships to ensure community ownership.

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    Document type: Report

  • The report analyzes diverse resource management models—ranging from sovereign wealth funds in Norway to ecosystem service payments in Costa Rica—to derive a framework for benefit sharing. It emphasizes that successful long-term outcomes require clear leadership, strong legislative frameworks, institutional mechanisms for implementation, and the active inclusion of Indigenous populations in decision-making. The document contrasts successful models, such as Norway's GPFG, with cautionary examples like Alberta's Heritage Savings Trust Fund and Nigeria's oil sector, highlighting the risks of overreliance on non-renewable resources without strategic diversification and robust legal safeguards.

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Showing 281–300 of 593 documents