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441 documents from Natural Justice
COMMENTARY ON THE DRAFT WHITE PAPER ON CONSERVATION AND SUSTAINABLE USE OF SOUTH AFRICA’S BIODIVERSITY 2022
Natural Justice and the Biodiversity Law Centre express strong support for the Draft White Paper on Conservation and Sustainable Use of South Africa’s Biodiversity 2022. They commend the document for moving away from colonial and apartheid-era conservation models toward a vision of 'Living in Harmony with Nature' that integrates human well-being, animal welfare, and the intrinsic value of nature. The organizations highlight the need to address the lack of transformation in the biodiversity sector and the ongoing threats of habitat loss and invasive species in South Africa.
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Document type: Statement
CONSULTA PÚBLICA AO DRAFT “1” DO ANTE-PROJECTO DA POLÍTICA NACIONAL DE TERRAS
The document critiques the draft National Land Policy of Mozambique for its limited scope, lack of clarity on land tenure, and failure to integrate climate change strategies and human rights protections. It advocates for the adoption of Free, Prior and Informed Consent (FPIC), stronger protections for customary land rights, and a coordinated inter-sectoral approach to mitigate greenhouse gas emissions, particularly from the oil and gas industry. The authors emphasize the need for gender equality in land access and the establishment of clear mechanisms to combat corruption and land grabbing.
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Document type: Report
OPEN LETTER TO THE UNITED NATIONS DEVELOPMENT PROGRAMME
A coalition of civil society organisations condemns the UNDP's signing of an MoU with the Musina-Makhado Special Economic Zone (MMSEZ) in South Africa. The letter argues that the MMSEZ is a coal-dependent project that would generate approximately 1 billion tonnes of CO2 equivalent over its lifetime, jeopardising South Africa's Paris Agreement commitments and exacerbating water insecurity in the Limpopo region. The authors further claim that the UNDP's grievance mechanisms, specifically the Stakeholder Response Mechanism (SRM) and the Social and Environmental Compliance Unit (SECU), are inadequate because they are reactive and do not cover non-binding MoUs that lend legitimacy to flawed projects.
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Document type: Statement
Submission on the Climate Change Bill
Natural Justice argues that the Climate Change Bill is insufficient due to a lack of urgent timeframes, the absence of concrete emission reduction targets aligned with the Paris Agreement, and inadequate provisions for funding and capacity-building at the local and provincial levels. The submission calls for the Bill to explicitly recognize nature-based solutions like forest protection, ensure transparency through automatic public access to information, and facilitate a just energy transition by phasing out fossil fuels.
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Document type: Statement
NATURAL JUSTICE COMMENTS ON THE DRAFT CLIMATE CHANGE BILL (MAY 2022)
Natural Justice submitted comments on the draft Climate Change Bill (B9-2022) to the South African Portfolio Committee on Environment, Forestry and Fisheries on 27 May 2022. The organization argues that the Bill lacks the urgency required to address the climate crisis, fails to set ambitious emission reduction targets, and provides insufficient protections for constitutional rights and vulnerable communities.
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Document type: Statement
Journée internationale de la diversité biologique : un jour pour réitérer le plaidoyer sur la reconnaissance juridique des aires et territoires du patrimoine autochtone communautaire (APACs)
The statement argues that Indigenous and Community Conserved Areas (APACs) are essential for biodiversity preservation but lack legal recognition in Senegal. It highlights the role of traditional knowledge and customary governance in maintaining ecosystems and calls for legal reforms based on free, prior, and informed consent to protect the rights of guardian communities.
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Document type: Statement
FACTSHEET: SHELL SEISMIC SURVEYS OFF THE WILD COAST OF SOUTH AFRICA
The document details two court cases aimed at halting Shell's seismic surveys off South Africa's Wild Coast. While one urgent interdict was dismissed, another was granted on 28 December 2021, based on potential harm to the constitutional, spiritual, and cultural rights of local communities. The applicants argue that Shell lacked necessary environmental authorizations under the National Environmental Management Act (NEMA), failed to properly consult stakeholders, and ignored climate change impacts. They seek to set aside the exploration rights granted to Impact Africa and Shell, and to establish a legal precedent that an Environmental Management Programme (EMPr) under the MPRDA is not a substitute for a NEMA environmental authorization.
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Document type: Fact sheet
Cartographie diachronique et participative de l’avancée du front minier et impacts socio-économiques et environnementaux de l’exploitation du phosphate dans les communes riveraines des Industries Chimiques du Sénégal (ICS)
The report documents the expansion of phosphate mining by Industries Chimiques du Sénégal (ICS) from 1960 to 2022, noting that the exploited area grew from 2,821 hectares to 8,888 hectares. This expansion led to the displacement of 23 villages and the loss of approximately 30,500 hectares of agricultural land across the Ndomor Diop, Keur Mor Fall, and Tobène quarries. The study highlights severe environmental degradation, including air and water pollution, soil degradation, and biodiversity loss, alongside socio-economic tensions primarily centered on inadequate compensation for displaced populations. While ICS has implemented Corporate Social Responsibility (CSR) initiatives in education, health, and water access, the report argues these are superficial and fail to address the root causes of conflict, such as land expropriation and toxic emissions. It recommends a shift toward 'local content' policies, strict adherence to the Mining and Environment Codes for land rehabilitation, and fair compensation based on production loss rather than simple investment costs.
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Document type: Report
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
NATURAL JUSTICE COMMENTS ON THE PRELIMINARY DRAFT FORESTRY BILL: VERSION FOR PUBLIC CONSULTAION (APRIL 2022)
Natural Justice provides a detailed critique of Mozambique's preliminary draft Forestry Bill (April 2022), arguing that the document functions more as an economic instrument for logging and trade than a tool for environmental protection. The organization highlights critical gaps in the bill regarding sustainable forest management, community rights, biodiversity protection, and the prevention of institutional corruption.
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Document type: Statement
DÉCLARATION DE LAGOS SUR LA JUSTICE COMMUNAUTAIRE
The Lagos Declaration on Community Justice outlines a series of pledges by West African organisations to strengthen legal empowerment for the poor. Key commitments include training paralegals to address climate change and land rights, increasing the participation of women in legal work, and advocating for the formal recognition of community paralegals across the region. The participating organisations, forming the West Africa Legal Empowerment Network, aim to co-create participatory action research to tackle environmental and land justice challenges in both rural and urban settings.
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Document type: Statement
Friends of the Earth et al. v. TotaL
The document details a legal action where plaintiffs allege that Total failed to adequately assess human rights and environmental impacts of its Tilenga oil project, which involves oil extraction in Uganda and a pipeline to Tanzania. The case centers on whether Total's vigilance plan violated France's 2017 Duty of Vigilance Law, which requires companies to prevent environmental harm and human rights violations across their operations and subsidiaries. After the Nanterre Judicial Court and the Court of Appeal of Versailles declined jurisdiction, the applicants appealed to the Court of Cassation.
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Document type: Case study
Leghari v. Federation of Pakistan
A case study on Leghari v. Federation of Pakistan, where a farmer sued the national government for failing to implement climate change adaptation policies.
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Document type: Case study
Friends of the Earth v. Haaland
A case study on the legal challenge 'Friends of the Earth v. Haaland', where plaintiffs alleged that the Biden administration violated the National Environmental Policy Act (NEPA) and the Administrative Procedure Act (APA) by reinstating a lease sale for oil and gas production in the Gulf of Mexico based on outdated environmental analysis.
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Document type: Case study
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
MILIEUDEFENSIE ET AL v. ROYAL DUTCH SHELL PLC
A case study regarding the 2019 legal action brought by Milieudefensie, six other organizations, and over 17,000 Dutch citizens against Royal Dutch Shell PLC to reduce its carbon dioxide emissions.
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Document type: Case study
Friends of the Earth et al. v. Prefect of Bouches-du-Rhône and Total
A case study summary regarding a legal challenge brought by Friends of the Earth and others against the Prefect of Bouches-du-Rhône and Total concerning the environmental impacts of a biofuel refinery.
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Document type: Case study
ASA Ruling on Ryanair Ltd
This case study describes a ruling by the UK Advertising Standards Authority (ASA) against Ryanair Ltd regarding misleading environmental claims in its advertising.
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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