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Summary and key findings insummary:"conflict of interest"
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PublisherNatural Justice
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441 documents from Natural Justice

  • The Hague District Court ruled on May 26, 2021, that Royal Dutch Shell PLC (RDS) must reduce the CO2 emissions of the Shell group's activities by a net 45% by the end of 2030 relative to 2019 levels. This obligation includes a "best-efforts" requirement to reduce emissions from business relations and end-users. The court based its decision on the unwritten standard of care in the Dutch Civil Code, human rights (specifically the right to life and respect for private and family life), and soft law such as the UN Guiding Principles on Business and Human Rights, the UN Global Compact, and the OECD Guidelines for Multinational Enterprises. While RDS has stated its intention to appeal, the judgment is provisionally enforceable. The ruling suggests that companies whose emissions affect the legal rights of present and future Dutch citizens may be liable for reductions regardless of where the emissions source is located.

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    Document type: Case study

    Regions: Netherlands
  • A statement by Natural Justice and the National Association of APACs (ANAPAC) advocating for the legal recognition of community-governed territories in Senegal, highlighting the Kawawana project as a successful model of local biodiversity management.

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    Document type: Statement

    Regions: Senegal
  • The document outlines proposed amendments to two Isiolo County bills. For the Wildlife Management and Conservation Bill, it suggests expanding the definition of 'problem animal' for proactive conflict management, ensuring community nomination for the Board of Trustees, and protecting the land access rights of indigenous pastoralists. For the Community Conservancies Bill, it recommends adopting the 'community' definition from the Community Land Act 2016, introducing public access to information, and detailing meaningful community participation processes.

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    Document type: Statement

    Regions: Isiolo County
  • Natural Justice submits a series of proposed amendments to the Wildlife Conservation and Management Act No. 47 of 2013. The organization argues for a 'human-rights approach to conservation' and the inclusion of 'access to information' and 'access to justice' as guiding principles. Key recommendations include establishing an external auditing authority for the wildlife service to prevent abuse of licensing powers, ensuring the inclusion of socially excluded groups (such as women, youth, and indigenous communities) in County Wildlife Conservation and Compensation Committees, and requiring that the declaration of protected areas incorporate local community traditional knowledge. The submission also highlights the need to protect wildlife migratory corridors from state-led and private development projects and calls for clearer guidelines on bioprospecting and the monitoring of offenses within private conservation systems.

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    Document type: Statement

    Regions: Kenya
  • The statement highlights a gap between Kenya's robust legal framework—including the Constitution and the 2016 Water Act—and the reality of water pollution caused by industrial activities. It cites specific examples of contamination from battery recycling and the salt industry, and warns against the water-related risks associated with oil and gas production, calling for stronger regulatory oversight and corporate accountability.

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    Document type: Statement

    Regions: Kenya
  • Natural Justice (NJ) submits that while the Upgrading of Land Tenure Rights Amendment Bill is necessary to address the unconstitutionality of the 1991 Act—which discriminated against women by automatically converting tenure rights to ownership for men—the proposed mechanisms remain flawed. NJ argues that the reliance on Government Gazette notifications is unrealistic for rural women and that the top-down state-led arbitration process ignores local family-level tenure structures. The submission calls for the permanent adoption of the Interim Protection of Informal Land Rights Act and a shift toward local knowledge-based tenure determination.

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    Document type: Report

    Regions: South Africa
  • The submission by Natural Justice (NJ) evaluates the draft Expropriation Bill, 2020, which aims to replace the 1975 Act and allow for expropriation without compensation in South Africa. NJ argues that the Bill fails to account for climate change and agro-ecological constraints, which are critical given South Africa's limited arable land. The organization expresses concern over the state-centric approach to expropriation, the potential for state-owned land to be shielded from reform, and the risk that state-subsidized land held by disadvantaged people could be expropriated for nil compensation. NJ recommends the creation of an ombudsperson to represent public interests, the adoption of a Land Redistribution Framework Act for better oversight, and the implementation of a Land Records Act to protect the tenure of millions of people with unregistered rights.

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    Document type: Statement

    Regions: South Africa
  • The document outlines the role of community protocols in implementing Access and Benefit-Sharing (ABS) frameworks, emphasizing that these protocols should be community-led and tailored to specific local contexts rather than standardized. It details how protocols help communities define their rights, manage resources like Rooibos and Buchu, and negotiate with industry actors. The text highlights the necessity of government support, legal recognition, and a holistic approach that integrates customary laws with national and international rights to ensure sustainable resource management and fair benefit sharing.

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    Document type: Briefing

  • The document outlines practical guidance and case studies on using community protocols to manage biological and genetic resources. It emphasizes that protocols should be community-led, adapted to local contexts rather than standardized, and integrated into national legal frameworks to ensure transparency for industry and the protection of indigenous rights.

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    Document type: Briefing

    Regions: South Africa
  • The African Environmental Defenders Fund, launched in December 2019 by Natural Justice and the International Land Coalition (ILC), provides emergency support to land and environmental defenders in Africa. Between March and 18 August 2020, the Fund received 15 applications, approving 10 and distributing just over USD 30,000. A significant portion of applications originated from Kenya, where communities such as the Sengwer and Ogiek have faced evictions from indigenous forests. The most frequent threats reported include arrests and arbitrary detention, with the highest demand for funding being for legal representation fees. Natural Justice intends to expand the initiative by securing more funding and developing support mechanisms such as legal empowerment and a network of African lawyers.

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    Document type: Report

    Regions: Africa
  • This case study describes a legal challenge brought by Friends of the Irish Environment against the Irish government's 2017 National Mitigation Plan, which the court ultimately found to be lawful.

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    Document type: Case study

    Regions: Ireland
  • Natural Justice submitted a series of recommendations to the Kenyan government regarding the Draft Forest Policy 2020. The organization argues that the draft unfairly portrays local communities as the primary drivers of forest degradation while ignoring the impact of multinational corporations and government infrastructure projects. They propose integrating a human-rights based approach, recognizing indigenous land tenure and traditional governance, and ensuring that conservation funding reaches the community level. Additionally, they call for greater transparency in the policy's formulation and the inclusion of independent monitoring to address conflicts of interest within the Kenya Forest Service.

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    Document type: Statement

    Regions: Kenya
  • Natural Justice opposes proposed amendments in the Statute Law (Miscellaneous Amendments) Bill, 2020 that would remove representatives appointed by the Council of Governors from the boards of the Energy Petroleum Regulatory Authority and the Rural Electrification and Renewable Energy Corporation. The organization argues that energy regulation and planning are shared functions between national and county governments under the Constitution and the Energy Act, necessitating county representation to ensure effective collaboration and the fulfillment of county-specific energy needs.

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    Document type: Statement

    Regions: Kenya
  • Natural Justice pays tribute to Mzee Abubakar Al-Amudy, the co-founder and long-term leader of Save Lamu, who passed away on June 21, 2020. Al-Amudy is credited with leading the community's successful legal challenge against the National Environmental Management Authority (NEMA) regarding the environmental license for the Amu Power coal plant in Lamu. He also played a key role in the development of a Biocultural Community Protocol (BCP) to help the local community respond to government development projects.

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    Document type: Statement

    Regions: Lamu
  • Natural Justice expresses solidarity with South African youth, framing their current fight against 'big polluters' and 'extractive industries' as a continuation of the historical struggle for justice and equality in South Africa.

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    Document type: Statement

    Regions: South Africa
  • Natural Justice expresses solidarity with protesters in the United States and South Africa, arguing that environmental justice is inseparable from racial, economic, and social justice. The organisation condemns police brutality and the oppression of indigenous people and activists globally, asserting that the planetary crisis and climate change disproportionately affect the poor and vulnerable.

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    Document type: Statement

    Regions: Africa
  • The document highlights the extreme vulnerability of the San community in D’kar, Botswana, during the Covid-19 pandemic. It notes that government lockdown measures and health advice are ineffective because they ignore the communal living conditions, high poverty levels, and linguistic needs of the San. The author warns that the pandemic threatens the survival of the San's ancient culture and traditional knowledge, while detailing grassroots efforts to provide hygiene supplies and information.

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    Document type: Statement

  • The document details how Kurawa Industries Limited illegally expanded its salt pans in Magarini Sub County, Kilifi, causing saltwater seepage that killed the coconut crops of the Mwangi family. Despite efforts by Natural Justice to secure accountability through Access to Information requests to NEMA and inquiries with the Department of Physical Planning, the company operated without the required permits. The case highlights how COVID-19 lockdowns in Kilifi County have further hindered the agricultural assessment needed for compensation and increased the family's vulnerability by restricting access to water.

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    Document type: Case study

  • The document argues that COVID-19 lockdowns have provided a cover for governments and private entities to suppress environmental and land defenders through harassment, arrests, and the enactment of restrictive laws. It highlights specific instances of repression in the DRC, Uganda, and South Africa, noting that the suspension of normal administrative and judicial functions has limited access to justice and transparency. To counter these threats, the guide recommends that defenders shift toward online engagement, creative protest methods, and encrypted communication, while leveraging regional movements and emergency funds like the African Environmental Defenders’ Fund.

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    Document type: Guide

    Regions: Africa
  • The document details how climate change threatens the bio-cultural resources and traditional knowledge of African indigenous peoples, specifically within Indigenous peoples' and local communities' conserved territories and areas (ICCAs) and pastoralist communities. It highlights the use of traditional knowledge and 'Community Protocols' as essential tools for climate adaptation and the protection of customary laws. Finally, it outlines the severe risks faced by cultural rights defenders in Africa, including land grabbing, physical violence, and criminalization, while recommending the establishment of defender funds and coordinated monitoring to protect these activists.

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    Document type: Statement

    Regions: Africa
Showing 161–180 of 441 documents