Top brands failing to spot rights abuses on Indonesian oil palm plantations

Top brands failing to spot rights abuses on Indonesian oil palm plantations

Editor’s note: Since when do “Top brands” care about human (or anyone’s) rights?

This article originally appeared in Mongabay.

Featured image: Dayak Culture Parade to commemorate Youth Pledge Day in Anjungan village, West Kalimantan, Borneo. Image courtesy of Antonsurya12/Wikimedia Commons.

  • A new report highlights systemic social and environmental problems that continue to plague the Indonesian palm oil industry and ripple far up the global palm oil supply chain.
  • The report looked at local and Indigenous communities living within and around 10 plantations and found that their human rights continued to be violated by the operation of these plantations.
  • The documented violations included seizure of community lands without consent; involuntary displacement; denial of fundamental environmental rights; violence against displaced Indigenous peoples and communities; harassment; criminalization; and even killings of those trying to defend their lands and forests.
  • The problems have persisted for decades due to ineffective, and sometimes lack of, due diligence by buyers and financiers along the global supply chain, the report says.

By Hans Nicholas Jong

JAKARTA — Human rights abuses continue to fester in the Indonesian palm oil industry as global brands and financial institutions and investors turn a blind eye to the problem, a new report says.

The report by a coalition of NGOs documents the human rights and environmental impacts of 10 oil palm plantations in Indonesia that are currently supply to markets in the EU, U.K. and U.S., with consumer goods giants such as Nestlé and PepsiCo rounding out the supply chains.

The report found that local and Indigenous communities living within and around these 10 plantations continue to have their human rights violated by the operations of these plantations, which are the declared holdings of the Astra Agro Lestari, First Resources, Golden Agri-Resources/Sinar Mas, and Salim (Indofood) conglomerates.

The documented violations include seizure of community lands without consent; involuntary displacement; denial of fundamental environmental rights; violence against displaced Indigenous peoples and communities; harassment; criminalization; and even killings of those trying to defend their lands and forests.

“It is scandalous that Indigenous and rural communities endure years and sometimes decades without redress for harms inflicted by the palm oil industry, that continue to this day,” said Norman Jiwan, a Dayak Indigenous leader and co-author of the report.

Palm oil from these 10 plantations end up in the supply chains of numerous global brands, including Cargill, Nestlé, PepsiCo, Unilever, Wilmar International, Archer Daniels Midland and AAK.

And funding the operations of these plantations are prominent institutions and investors, including BlackRock, ABN-AMRO, Rabobank, Standard Chartered, Citigroup, Lloyds Banking Group, JP Morgan Chase, as well as various other banks and pension funds, according to the report.

“Our report is just the latest in a whole set of independent studies showing the Indonesian plantation sector and associated global palm oil trade are not complying with industry sustainability standards nor applicable laws,” Norman said.

New oil palm planting near a protected area in Indonesia. Image by Rhett A. Butler/Mongabay.
New oil palm planting near a protected area in Indonesia. Image by Rhett A. Butler/Mongabay.

Selling off problem assets

One of the cases highlighted in the report is the ongoing conflict between the Indigenous Dayak Hibun communities in the western part of Indonesian Borneo and plantation firm PT Mitra Austral Sejahtera (MAS).

The conflict started in 1996, when MAS obtained a location permit for the lands of the Dayak Hibun without their free, prior and informed consent, or FPIC. Despite that, MAS went on to obtain, in 2000, a right-to-cultivate permit, or HGU — the last in a series of licenses that oil palm companies must obtain before being allowed to start planting.

The HGU permit, valid until 2030, covers 8,741 hectares (21,600 acres) of land, of which 1,400 hectares (3,460 acres) overlap with the ancestral lands of the Dayak Hibun.  As a result, the communities’ lives have been impacted by the plantation, with their sacred sites damaged and their environment degraded.

The land conflict has also led to injuries, threats, harassment and intimidation, and the criminal prosecution of four farmers seeking land justice.

Despite the conflict being well-documented over the years, MAS continues to be a supplier to Cargill, Nestlé, Unilever and Wilmar, and also supplies AAK via Cargill, according to the report.

Cargill had the case logged as “under investigation” in July 2019 without details and no updates in 2020.

Wilmar had also registered the case in its Grievance Dashboard.

Although MAS was named on Unilever’s 2018 mill list, Unilever said in May 2020 via its grievance tracker that MAS was now “outside” of its palm oil supply chain, though it precise status in 2021 is unclear.

Nestlé had not logged the conflict at the time the NGOs compiled their report.

In an attempt to seek remedy, the communities and the NGO Sawit Watch filed a formal complaint to the Roundtable on Sustainable Palm Oil (RSPO) in 2012, as MAS at the time was owned by Sime Darby, an RSPO member.

This complaint remains unresolved and still “under investigation,” eight years after the original grievance was lodged.

In 2019, Sime Darby sold MAS to PT Inti Nusa Sejahtera (INS), despite strong objections and pleas from the communities for Sime Darby to remain engaged.

The report says this shows how powerful palm oil conglomerates like Sime Darby are still permitted to wash their hands of responsibility for remedying community grievances by divesting “problematic” subsidiaries, even as formal complaints remain unresolved.

At the end of 2020, INS allegedly sold its majority stake in MAS to PT CAPITOL, citing difficulties in getting bank funding to finance acquisition, consolidation and operational activities. The communities affected by MAS’s operations have still not received any official notification of changes in the company’s ownership, according to the report.

The communities are also insisting that Sime Darby honor its earlier commitments to assist in resolving the case, the report says.

They say this can be done by providing funds to the Indonesian land agency to compensate MAS for relinquishing the disputed land to the Dayak communities, or to cover their legal costs to seek land restitution through the courts, the report adds.

The communities are also demanding the RSPO investigate Sime Darby’s divestment of MAS, given that RSPO members are discouraged from selling any subsidiaries subject to ongoing complaints, according to the report.

“It’s regrettable that the RSPO, Unilever, Sime Darby, PT Inti Nusa Sejahtera, PT CAPITOL and PT Mitra Austral Sejahtera have failed to remedy the human rights of Dayak Hibun communities in Kerunang and Entapang,” said Redatus Musa, a member of the Dayak Hibun community and the head of Entapang hamlet in West Kalimantan province.

On the issue of Sime Darby’s divestment from MAS, the RSPO pointed Mongabay to the resolution passed in November 2018 “discouraging” members from divesting units with active complaints.

“However, it is pertinent to note that the above resolution looks into measures to discourage members from divesting, and not to prohibit or refrain members from doing so as the RSPO recognizes its members’ rights to divest as part of its ongoing business dealings,” the RSPO told Mongabay in an email.

The RSPO added that its complaints panel may investigate the divestment “based on the independent legal review and the final comments from the parties of the complaint.”

Sime Darby did not respond to Mongabay’s questions on the issue.

Oil palm fruit bunches in a truck for transport to market. Image by John C. Cannon/Mongabay.
Oil palm fruit bunches in a truck for transport to market. Image by John C. Cannon/Mongabay.

Weak due diligence

Most of the companies in the supply chains of the plantations linked to human rights abuses, and some of the investors, are prominent members of the RSPO and other sustainability initiatives.

“Yet, despite the fact that the violations uncovered are clearly contrary to RSPO standards, as well as the companies’ own ‘No Deforestation, No Peat and No Exploitation’ [NDPE] policies, the trade and investment continues unchecked,” the report says.

This is because existing industry accountability mechanisms, such as the RSPO complaints system, are typically slow and ineffective, according to the report.

It highlights this lack of effectiveness in the case of the Dayak Hibun communities, whose complaint against MAS has languished for more than eight years at the RSPO.

Most of the businesses were also found to have ineffective due diligence systems in place to uphold their human rights responsibilities and commitments.

In 2019, the Corporate Human Rights Benchmark (CHRB) initiative found that 49% of 195 large global companies surveyed scored between 0 and 10% against a set of human rights due diligence indicators, while only one scored above 80%.

Responding to the criticisms, the RSPO said some cases could take a long time to resolve since its complaints system “follows a rigorous process to ensure the highest standards of assurance and integrity are upheld.”

“At times, this may result in lengthy investigations, especially for complex cases,” the RSPO told Mongabay in an email, adding that it continues to address any inefficiencies in its system and expedite the resolution of complaints.

A woman collects oil palm fruit on an oil palm estate in southern Papua. Image by Albertus Vembrianto for Mongabay and The Gecko Project.

Opaque finances

The due diligence failings are even more prevalent among global and local financiers and investors of the palm oil industry. Many global financiers and the corporate agribusiness groups in Indonesia and elsewhere that they finance or control don’t have public grievance logs, according to the report.

Financiers should step up their game, said Linda Rosalina, a campaigner from TuK Indonesia, an NGO that advocates for social justice in the agribusiness sector.

“Banks and investors should have looked at these cases and taken an active role to ensure that their clients could improve [the situation on] the ground,” she said. “It’s important for banks and investors to improve their regulations to ensure the mitigation of impacts [of their clients’ activities] on the ground.”

The report also calls for greater transparency in the finances of the plantation sector, with many corporate groups failing to disclose their beneficial owners. This opacity has allowed the persistence of offshore financial jurisdictions and shadow companies to enable investments in the sector, according to the report.

This study and related investigations indicate that beneficial ownership of subsidiary companies associated with land conflicts and deforestation is not being disclosed by RSPO members like First Resources in potential violation of RSPO rules on transparency.

As a result, companies and their financiers are evading accountability for violations against the rights of local communities and the public.

“Our research in 2019 shows that less than 1%, or 0.7% to be exact, of companies have disclosed who their beneficial owners are,” Linda said. “This is a far cry from companies’ responsibilities to be transparent, and I think responsibilities are key.”

Interior of an oil palm plantation in Indonesia. Photo by Rhett A. Butler.
Interior of an oil palm plantation in Indonesia. Photo by Rhett A. Butler.

Falling through the cracks

While many conflicts are still awaiting resolution before the RSPO and other sustainability mechanisms, many others aren’t even picked up at all.

Tom Griffiths, responsible finance coordinator at the Forest Peoples Programme and co-author of the report, said those cases that come to the fore are only a sliver of the total conflicts brewing on the ground.

“The main finding [of the report] is that the impacts and grievances are not being picked up,” he said at the virtual launch of the report. “We know that companies increasingly have grievances logged or registered, but they only touch the tip of the iceberg of the grievances and harmful impacts.”

Most of the time, companies only respond to cases that are reported to the RSPO or documented in reports by major NGOs, Griffiths said.

“But other impacts that we have documented here are not being picked up or certainly not disclosed,” he said.

This is because companies further down the supply chain from these plantations appear to apply a flawed approach to the definition of community “grievances,” limited to formal complaints only, according to the report.

“This narrow focus is failing to identify numerous outstanding community concerns and grievances, which should be picked up and addressed through due diligence, thus overlooking unresolved human rights abuse cases in their operations and palm oil supply chains,” the report says.

These ongoing cases of human rights violations fall through the cracks despite companies and global food and beverage brands continuing to market their green credentials and claim to support due diligence and “environmental, social and governance” (ESG) principles.

The report calls for strengthening the due diligence process to identify the impacts that the whole supply chain has. Without it, affected communities will continue to be denied remedy, according to Griffiths.

“Many of these [communities], sometimes [they are] waiting for years or even decades, they have no remedy,” he said. “They’re still suffering from harmful impacts, and these are still ongoing.”

 

What to organise around?

What to organise around?

This article is from the blog Building a Revolutionary Movement.


I’m going to use Jane McAlevey’s definition for organising as described in a previous post: “organizing places the agency for success with a continually expanding base of ordinary people, a mass of people never previously involved, who don’t consider themselves activists at all – that’s the point of organizing.”

In this post, I’ve included activism around ‘rights’ and ‘issues’, to make this list as comprehensive as possible. I’d also add that this is a rough sketch of what to organise (and mobilise) around and this list needs more research and probably reworking.

Workplace

The first area to organise around, with a long history is the workplace and employment. This was an important area of struggle to change society in the twentieth century, but the nature of work has changed and the trade unions have been crushed in the last 40 years. There have been, and are, several union forms; those from the past will be looked at in future posts. Currently, there are large unions, known as ‘service unions’, and ‘base unions’.

The ‘service unions’ (also known as business unionism) do important work to defend workers’ rights but it is limited to that, and these unions do not attempt to change society, even if individual members do want that. They maintain capitalist social relations. The more radical unions include National Union of Rail, Maritime and Transport Workers (RMT), Public and Commercial Services Union (PCS), Fire Brigades Union (FBU), University and College Union (UCU), Communication Workers Union (CWU).

‘Base unions’, is a term that originated in Italy. These unions were formed in workplaces where workers had a material need, made up the union’s membership and were in control of how the union operated. This article gives a history. This is based on the anarchist form of radical unionism, anarcho-syndicalism. The radical ‘base unions’ in the UK are Industrial Workers of the World (IWW), Independent Works Union of Great Britain (IWGB) and United Voices of the World (UVW). See this article for more info. There is also the Work Force Movement.

Community

The second area to organise around is the community, including: community organising, community unions, the community rights movement, and community social welfare programmes.

Community organising was developed in the mid-twentieth century in the US. It involves campaigns to change institutional policies and practices to improve the living conditions for community members. Hackney Unites has put together a good HU-community-organising. National reformist community organising organisations doing good work include Citizens UK  and Community Organisers. There will be many local groups and organisations using community organising methods all over the UK.

Several community and tenant/renter unions have formed in the last decade. Three focus on supporting their members with housing and community issues using radical direct action tactics; they are ACORNLondon Renters Union and Living Rent in Scotland. There is also Unite Community, which offers the ‘service union’ benefits to those not in full-time work, so part-time or unemployed and campaigns on workplace and community issues. There is also Housing Action Southwark and Lambeth  and Sisters Uncut. See this article on critical support for renters unions.

The community rights movement originated in the US, primarily driven by the Community and Environmental Defence Fund. They describe community rights work as including environmental rights, workers’ rights, rights of nature and democratic rights. Read a history of the community rights movement here.

There has been a first step in the UK to set up a community rights movement in the formation of the Community Chartering Network. This comes from a successful community charter in Falkirk, Scotland, that resulted in the Scottish Government banning fracking in Scotland. Read the story here.

Community social welfare programs are generally run by local government or NGOs (Non-government organisations). A good example of this in the UK was the British Restaurants – communal kitchens set up in 1940 to provide cheap food so everyone could eat.

Communities have been under attack since the 1970s, with many basic services and social centers no longer in operation. Community social welfare organising now involves activists running basic services in their communities to fill the gaps where the state has been rolled back. The classic example would be the Black Panthers Free Breakfast for Children in the US in the 1960s/70s.

In 2014/2015 a pay as you feel cafe called Skipchen in Bristol served over 20,000 meals. Can Cook in Garston, Liverpool provides thousands of free hot lunches for children in poverty in the Merseyside area. Foodhall is a public dining room and kitchen in Sheffield that is managed by the community, for the community, tackling social isolation and encourage integration across a diverse range of groups. Foodhall are campaigning for a National Food Service, to develop public social eating spaces around the country. There is Cooperation Town movement based on Cooperation Kentish Town that provides a community space with healthy, cheap food, childcare and more.

Combining Workplace and Non-Workplace

The third area to organise is a combination of workplace/job and struggles outside the workplace, including: Jane McAlevey’s ‘whole worker organizing’, community unionism, and social movement unionism.

Whole worker organising merges workplace and non-workplace issues based on Jane McAlevey’s extensive experience of community and union organising. This article gives a good summary of McAlevey work in Connecticut that combined housing and workplace struggles.

Janice Fine is her 2005 article, “Community Unions and the Revival of the American Labor Movement” describes community unionism as community-based organisations of low-wage workers that focus on issues of work and wages in their communities. They are based on specific ethnic and geographic communities (as opposed to workplaces), especially immigrants and African Americans. Fine describes how they have appeared from several sources including: “community and faith-based organizing networks, Central America solidarity movements and other left-wing organizations, legal services as well as other social service agencies, immigrant nongovernmental organizations (NGOs), churches, and some labor unions.” These community unions are mainly focused on work-related issues but also include other aspects of life including housing, healthcare, and education.

Solidarity networks and base building combine workplace and community/social issues in a locality. Active groups and networks in Britain include Solidarity FederationAngry WorkersTeesside Solidary Movement and Valleys UndergroundMarxist Centre.

Social movement unionism is currently popular in the US, involving the combination of workplace unionists and social movements to tackle issues, civil and human rights and alter structures of law and political power. This article gives a history and critique of social movement unionism. This interview with a member of the UK National Union of Teachers (now the National Education Union) describes the three legs of a stool working together to make a strong union: bread and butter issues, professional issues, social justice and community campaigning.

Megan Behrent writes about a radical form of social movement unionism called ‘social justice unionism‘ here.

Social Strike

The ‘social strike’ is described by Antonio Negre and Michael Hardt in Assembly as the ‘weapon of social unionism’. [1] Keir Milburn states here that the social strike “brings out three functions that will be required from any set of practices able to play a role equivalent to the twentieth-century strike. These are making the new conditions visible, disrupting the circulation of capital and directly socialising, collectivising and communising our social relations, reproduction and struggles.” Negre and Hardt describe the social strike as “the labor movement’s interruption of industrial production and the social movements’ disruption of the social order.” [1]

Recent examples are the UK Youth Climate Strikes and the planned global Earth Strike on September 20th. Around social reproduction, there is the Women Strike Assembly, which organised strikes in 2018 and 2019 on International Women’s Day, March 8th.

Politics

Political organising takes place via a political party or independent citizens’ platforms. Political parties come in several forms: classical traditional political parties, social movement parties, single-issue parties, and digital/internet-based political parties. Some parties combine a few of these forms.

There have been recent innovations in classical traditional political parties such as Obama’s organising/movement presidential campaigns and Bernie Sanders 2016 US presidential campaign using ‘Big Organising’.

Social movement parties have different relationships between the movement and party: vanguard, electoral and organic and include Syriza in Greece, Podemos in Spain, and the Five Star Movement in Italy.

Single issue parties would be the green parties in different countries (although many have broadened their policies over time) and the Brexit Party in the UK.

Digital parties and internet parties include the Pirate Party and others.

Organising around politics can also be done outside political parties, as the municipalism movement (see below) is showing. For examples of independent politics at the local level in the UK, there is The Indie-town project and Take Back the City in London.

Municipalism

Municipalism is the process of self-government by cities, towns, or municipalities. There are three broad municipalism traditions: municipal socialism, libertarian municipalism, and the right to the city movement.

Municipal socialism describes the local government-led social reform. There have been several phases in the UK. The most recent is the Preston Model, where the local authority changed the procurement for the council and local large institutions (university and hospital) to buy from local businesses and cooperatives. This strengthens the local economy. It is based on the Cleveland model and is known as community wealth building.

Libertarian municipalism (also known as Communalism) is from the theorist Murray Bookchin. Bookchin proposed a twin strategy of popular or people’s assemblies to look at local issues and start to form an alternative government, combined with running municipal candidates chosen by the people’s assemblies to stand in local electoral politics. Bookchin wanted to build institutional capacity and repurpose state power to increase libertarian collective power. The societal, larger-scale vision of libertarian municipalism or Communalism is Confederalism – where self governed cities and localities are connected in a larger network. Ideas of  confederalism have been put into practice in Rojava in northeast Syria/West Kurdistan and are known as Democratic Confederalism. They have also been taken up by the international Fearless Cities Movement and Cooperative Jackson in the US.

The right to the city movement started in the 1960s with geographers such as Henri Lefebvre and David Harvey analysing the city from a Marxist perspective. They argue that the transformation of the city depends upon the exercise of collective power to reshape the processes of urbanization to meet the people’s needs.

Poor people’s Movements and Solidarity

The history of poor people’s movements have been explored in detail in the book Poor People’s Movements: Why They Succeed, How They Fail by Frances Fox Piven and Richard A. Cloward. This article gives a good summary of the more spontaneous and disruptive nature of these movements. They are based on mobilising rather than organising, which links to momentum driven organising discussed in this previous post.

DP Hunter has written a book Chav Solidarity and in this article he describes chav solidarity: “if just the left-leaning working class were to collectivise our resources (wages, savings, inheritance, homes, and whatever else), or we were to transform our economy into a communal one, we would be able to provide for one another. Those economically marginalised and living in poverty, as I was not that long ago, would not be in positions of such deprivation and exclusion, their short term concerns of where their next meal was coming from, where they would be sleeping in a week’s time, would abate.”

Institutions

Organising around institutions can take three forms: influencing institutions, reclaiming existing institutions for the left and supporting or creating alternative institutions.

Influencing institutions includes attempting to change state behaviour through laws in parliament or rulings in courts. It could also include influencing political parties, the media or corporations. A good resource on this is How Change Happens by Duncan Green.

Examples of reclaiming existing institutions for the left would be all three municipalism traditions described above. The Labour Party has recently been reclaimed for the left by Jeremy Corbyn. The UCU trade union membership recently elected a grassroots left candidate as General Secretary – Jo Grady. We Own It, campaign against privatisation and make the case for public ownership of public services.

For alternative institutions, the community social welfare programs described above in the community section is an example of this. Others are workers coops in the UK and Mondragon in Spain. Concerning  alternative media, see here. Concerning credit unions, see here. Libertarian municipalist people’s assemblies (see above in municipalism section) are an example of an alternative government. There is the recent idea of public-commons partnerships where citizens become co-owners, co-earners and co-decision-makers of municipal cooperatives.

Rights and Issues

There is a lot of crossover between rights and issues, so for now I’ve combined them.

Rights include human rights, democratic and political rights (right to vote, citizenship, civil liberties), economic rights (right to a decent job and pay, and a social safety net such as benefits), rights to public goods/services (public healthcare, education, housing, media etc), community rights movement (see above), and rights of nature.

Issues include the rights of women, gay people, people of colour, disabled people, and others, anti-war and the peace movement, LGBTQ+ movement, inequality, environmental issues with climate change being the biggest concern, and the alter-globalisation or anti-globalisation movement.

Endnotes

1. Assembly, Antonio Negre and Michael Hardt, 2017, page 150

COVID made DSM tempting for some Pacific Island Nations

COVID made DSM tempting for some Pacific Island Nations

This article originally appeared in The Conversation. Featured image: Sea turtle

Editor’s note: The statement in the article’s headline –that the temptation of allowing deep sea mining(DSM) “could be a problem”– seems ironic. There is no doubt that deep sea mining is extremely dangerous and destructive to oceanic ecosystems which are already serverly stressed  by overfishing and global warming. Apart from that, we all know that most of the profit will go to multinational cooperations, not to the island’s inhabitants.


Sue Farran, Newcastle University

While most Pacific Island nations have escaped the worst of COVID-19, a cornerstone of their economies, tourism, has taken a big hit. By June 2020, visitor arrivals in Fiji, Samoa, Tonga and Vanuatu had completely ceased, as borders were closed and even internal travel restricted. In Fiji, where tourism generated about 40% of GDP before the pandemic, the economy contracted by 19% in 2020.

One economic alternative lies just offshore. The Clarion-Clipperton Zone (CCZ) is a deep-sea trench spanning 4.5 million square kilometres in the central Pacific Ocean between Hawaii and Mexico. On its seabed are potato-sized rocks called polymetallic nodules which contain nickel, copper, cobalt and manganese. These formed over centuries through the accumulation of iron and manganese around debris such as shells or sharks’ teeth.

There are estimated to be around 21 billion tonnes of manganese nodules in this trench alone, and demand for these metals is likely to skyrocket as the world ramps up the development of batteries for electric vehicles and renewable power grids.

While much of the CCZ lies beneath the high seas where no single state has control, it’s adjacent to the exclusive economic zones of several Pacific island states, including the Cook Islands, Kiribati, Nauru and Tonga. Lacking the means to search for the metals themselves, these states have sponsored mining companies to take out licences with the International Seabed Authority (ISA), which is responsible for sustainably managing the seabed in international waters. This would allow these companies to explore the seabed and determine how viable mining is likely to be, and its potential environmental impact.

To date, ISA has approved 19 exploration contracts, 17 of which are in the CCZ. A Canadian company, The Metals Company (formerly DeepGreen Metals) has contracts with Tonga, Nauru and Kiribati.

With so little known about the biodiversity of this largely unexplored part of the ocean, it’s difficult to accurately predict how deep-sea mining will affect species here. Environmental organisations and scientists have argued for a moratorium on mining until more extensive research can be done.

 

Some Pacific islanders, including The Alliance of Solwara Warriors, representing indigenous communities in the Bismark and Solomon Seas of Papua New Guinea, have protested the lack of information given to local communities about the potential impact of mining. In April 2021, Pacific civil society groups wrote to the British government seeking support for a moratorium. Meanwhile, a former president of Kiribati, Anote Tong, has described deep-sea mining as “inevitable” and urged businesses to figure out how to do it safely.

 

But time is running out. Seven exploratory licences are due to expire in 2021, making it imperative that either a moratorium is adopted internationally, or the ISA adopts a legal framework for determining the conditions under which extractive mining can take place.

From exploration to extraction

Work towards this framework has been ongoing since 2014. Despite this, the 168 nations of the ISA assembly have yet to agree a code for regulating extractive mining contracts. The ISA’s ambition to reach an agreement in 2020 was derailed by the pandemic, and it’s unclear whether meetings will go ahead in 2021. It’s likely that exploratory contracts will expire in the meantime, increasing pressure on the ISA from mining companies and those states sponsoring them to grant exploitation licences. Exploratory licences are regulated by the ISA. Without an agreed code, extractive ones are not.

Even if a consensus were reached, enforcing environmental safeguards would be difficult. Pinpointing responsibility for the source of any pollution or environmental damage is tricky when mining takes place in such deep water. There are also few, if any, physical boundaries between one mining area and another. The effects of mining on different ecosystems and habitats might take time to manifest.

International consensus on a moratorium is unlikely too. Mining companies have ploughed a lot of money into developing technology for operating at these depths. They will want to see a return on that, and so will their investors. States which have sponsored mining contracts – including some Pacific islands – will want to reap the royalties they have been promised.

Pacific island states find themselves on the horns of a dilemma. They are among the countries most vulnerable to climate change and so support strong action. But unless alternatives are found, the developed world’s green transition will probably accelerate demand for metals resting peacefully in the deepest parts of the ocean surrounding these islands. It will be the people here who will bear the costs of deep-sea mining undertaken without sufficient caution, not the drivers of electric cars in the global north.The Conversation

Sue Farran, Reader of Law, Newcastle University


This article is republished from The Conversation under a Creative Commons license. Read the original article.

Despite Risks, Climate Activists Lead Fight Against Oil Giant’s Drilling Projects in Uganda

Despite Risks, Climate Activists Lead Fight Against Oil Giant’s Drilling Projects in Uganda

Editor’s note: The company has already sold a handful of its onshore oil blocks over the past 10 years, citing the need to cut risk due to community unrest and continued sabotage attacks on its oil installations. These blocks had been snapped up by Nigerian indigenous operators including Seplat Petroleum, Aiteo E&P, First Hydrocarbons and NPDC.

This article originally appeared on Common Dreams.

Featured image: An Ugandan activists holds a sign urging a stop to the East African Crude Oil Pipeline. (Photo: Fridays for Future Uganda/Twitter) 


“We cannot drink oil. This is why we cannot accept the construction of the East African Crude Oil Pipeline.”

by Brett Wilkins, Common Dreams staff writer

Climate campaigners in Africa and around the world on Friday continued demonstrations against Total, with activists accusing the French oil giant of ecocide, human rights violations, and greenwashing in connection with fossil fuel projects in Uganda.

On the 145th week of Fridays for Future climate strike protests, members of the movement in Uganda global allies drew attention to the harmful effects of fossil fuel development on the environment, ecosystems, communities, and livelihoods.

Friday’s actions followed protests at Total petrol stations in Benin, the Democratic Republic of Congo, Egypt, Ghana, Kenya, Nigeria, Togo, and Uganda on Tuesday—celebrated each year as Africa Day—against the East African Crude Oil Pipeline (EACOP), now under construction, and the Mozambique Liquefied Natural Gas project.

“Total’s fossil fuel developments pose grave risks to protected environments, water sources, and wetlands in the Great Lakes and East Africa regions,” said Andre Moliro, an activist from the Democratic Republic of the Congo, during Tuesday’s pan-African protests.

“Communities have been raising concerns on the impact of oil extraction on Lake Albert fisheries and the disastrous consequences of an oil spill in Lake Victoria, that would affect millions of people that rely on the two lakes for their livelihoods, watersheds for drinking water, and food production,” he added.

In Uganda, opposing oil development—an expected multi-billion-dollar boon to the landlocked nation’s economy—can be risky business. On Monday, police in Buliisa arrested Ugandan human rights defender Maxwell Atuhura and Italian journalist Federica Marsi.

According to Energy Voice, Atuhura—who works with the African Institute for Energy Governance (AFIEGO), one of half a dozen NGOs that have pursued legal action against Total—and Marsi were about to meet with local community members when they were apprehended.

Marsi was released Monday and reportedly told to leave the oil region “before bad things happen.” She was briefly rearrested later in the day. Atuhura remains in police custody. The World Organization Against Torture has issued an urgent appeal for intervention in his case.

United Nations special rapporteurs and international human rights groups have previously expressed serious concern over abuses perpetrated against land defenders and journalists in Uganda. Despite the risks, actions against EACOP and the related Tilenga Development Project continue.

“We cannot drink oil. This is why we cannot accept the construction of the East African Crude Oil Pipeline,” Ugandan climate justice activist Vanessa Nakate, founder of the Rise Up Movement, said during the Africa Day action. “It is going to cause massive displacement of people [and the] destruction of ecosystems and wildlife habitats.”

“We have no future in extraction of oil because it only means destroying the livelihoods of the people and the planet,” Nakate added. “It is time to choose people above pipelines. It is time to rise up for the people and the planet.”

If completed, the $3.5 billion, nearly 900-mile EACOP will transport up to 230,000 barrels of crude oil per day from fields in the Lake Albert region of western Uganda through the world’s longest electrically heated pipeline to the Tanzanian port city of Tanga on the Indian Ocean.

In partnership with China National Offshore Oil Corporation (CNOOC) and the Uganda National Oil Company (UNOC), Total is also leading the Tilenga Development Project, which involves the drilling of 400 wells in dozens of locations, including iniside the richly biodiverse Murchison Falls National Park.

Total says the project will “generate a positive net impact on biodiversity,” a claim vehemently rejected by environmentalists.

“Imagine a tropical version of the Alaskan oil pipeline,” environmental author Fred Pearce wrote of EACOP last year. “Only longer. And passing through critical elephant, lion, and chimpanzee habitats and 12 forest reserves, skirting Africa’s largest lake, and crossing more than 200 rivers and thousands of farms before reaching the Indian Ocean—where its version of the Exxon Valdez disaster would pour crude oil into some of Africa’s most biodiverse mangroves and coral reefs.”

Although Total claims it chose the EACOP route to “minimize the number of residents relocated,” local residents and international NGOs say the pipeline’s impact will be anything but minimal.

According to Mongabay, more than 12,000 families will be displaced from their ancestral lands to make way for the pipeline, two-thirds of which will pass through agricultural zones. Farmers in the pipeline’s path and the Lake Albert oil region have joined civil society groups and international organizations in voicing their opposition to the EACOP and Tilenga projects.

The #StopEACOP coalition, which is made up of local and international activists and organizations, is attempting to block funding of the project by appealing to banks, investors, and insurance companies. A March open letter signed by more than 250 groups urged 25 commercial banks to not finance the pipeline.

In 2017, WWF Uganda published a report warning that the pipeline “is likely to lead to significant disturbance, fragmentation, and increased poaching within important biodiversity and natural habitats” that are home to species including chimpanzees, elephants, and lions.

Wildlife forced from natural habitats by oil development has in turn caused severe disruptions to farming families.

“We have always had a problem of human-wildlife conflict in this village, but with drilling and road construction across the park, the invasions are more frequent,” Elly Munguryeki, a farmer living just outside Murchison Falls National Park, told South Africa’s Mail & Guardian earlier this month.

“We keep reporting the losses to park authorities but nothing happens,” said Munguryeki. “Each night a herd of buffalo, baboons, and hippos from the park would invade my farm and neighbouring plots and eat our crops until dawn. Whatever they left would be eaten by baboons and wild pigs during the day, forcing us to harvest premature crops.”

A 2020 Oxfam report (pdf) noted the EACOP “will cross poor, rural communities in both Uganda and Tanzania that lack the political and financial capital of the project stakeholders.”

“The lopsided complications of this power dynamic are well-documented in similar extractive industry projects,” the report stated. “Powerful companies are often able to hide their operations behind local contractors and permissive government authorities. Often the only hope that local communities have for remediation or justice is through local government bodies that are often weak, fragile, or captured by corporate and national interests.”

Mary, an Ugandan farmer in Rakai near the Tanzanian border who was interviewed for the report, said that “when this pipeline project came, they promised us too many things. Up to now they have done nothing.”

“What makes me worried is that they took my land but I have not yet been compensated,” she claimed.

A community member from Rujunju village, Kikuube District in Uganda told the report’s authors that “the government and oil companies have not informed us about the negative impact that the EACOP will have on our well-being. All they tell us are good things that the EACOP will bring like roads and jobs. We also want to know the negative impact of the pipeline so that we can make informed decisions.”

Lithium: Mining Mountains of Water

Lithium: Mining Mountains of Water

In this article Rebecca Wildbear talks about how civilization is wasting our planet’s scarce water sources for mining in its desperate effort to continue this devastating way of life.


By Rebecca Wildbear

Nearly a third of the world lacks safe drinking water, though I have rarely been without. In a red rock canyon in Utah, backpacking on a week-long wilderness training in my mid-twenties, it was challenging to find water. Eight of us often scouted for hours. Some days all we could find to drink was muddy water. We collected rain water and were grateful when we found a spring.

Now water is scarce, and the demand for it is growing. Globally, water use has risen at more than twice the rate of population growth and is still increasing. Ninety percent of water used by humans is used by industry and agriculture, and when groundwater is overused, lakes, streams and rivers dry up, destroying ecosystems and species, harming human health, and impacting food security. Life on Earth will not survive without water.

In the Navajo Nation in Arizona, Utah, and New Mexico, a third of houses lack running water, and in some towns, it is ninety percent. Peabody Energy Corporation, the largest coal producer and a Fortune 500 company, pulled so much water from the Navajo aquifer before closing its mining operation that many wells and springs have run dry. Residents now have to drive 17 miles to wait in line for an hour at a communal well, just to get their drinking water.

Worldwide, the majority of drinkable water comes from underground reservoirs called aquifers. Aquifers feed streams, lakes, and rivers, but their waters are finite. Large aquifers exist beneath deserts, but these were created eons ago in wetter times. Expert hydrologists say that like oil, once the “fossil” waters of ancient reservoirs are mined, they are gone forever.

Peabody’s Black Mesa Mine extracted, pulverized, and mixed coal with water drawn from the Navajo aquifer to form a slurry. This was sent along a 273-mile-long pipeline to the Mojave Generating Station in Laughlin, Nevada, to power Los Angeles. Every year, the mine extracted 1.4 billion gallons (4,000+ acre feet) of water from the aquifer, an estimated 45 billion gallons (130,000+ acre feet) in all.

Pumping out an aquifer draws down the water level and empties it forever. Water quality deteriorates and springs and soil dry out. Agricultural irrigation and oil and coal extraction are the biggest users of waters from aquifers in the U.S. Some predict that the Ogallala aquifer, once stretching beneath five mid-western states, may be able to replenish after six thousand years of rainfall.

Rain is the most accurate measure of available water in a region, yet over-pumping water beyond its capacity to refill is widespread in the western U.S. and around the world. The Middle East ran out of water years ago—it was the first major region in the world to do so. Studies predict that two thirds of the world’s population are at risk of water shortages by 2025. As ground water levels fall, lakes, rivers, and streams are depleted, and the land, fish, trees, and animals die, leaving a barren desert.

Mining in the Great Basin

The skyrocketing demand for lithium, one of the minerals needed for the production of electric cars, is based on the misperception that green technology helps the planet. Yet, as Argentine professor of thermodynamics and lithium mining expert Dr. Daniel Galli said at a scientific meeting, lithium mining is “really mining mountains of water.” Lithium Americas plans to pump massive amounts of water—up to 1.7 billion gallons (5,200 acre feet) annually—from an aquifer in the Quinn River Valley in Nevada’s Great Basin, the largest desert in the United States.

Thacker Pass, the site of the proposed 1.3 billion dollar open-pit lithium mine, would pump 1,200 acre feet more water per year than Peabody Energy Corporation extracted from the Navajo aquifer. Yet, the Quinn River aquifer is already over-allocated by fifty percent, and more than 10 billion gallons (30,000 acre feet) per year. Nevada is one of the driest states in the nation, and Thacker Pass is only the first of many proposed lithium mines in the state. Multiple active placer claims (7,996) have been located in 18 different hydrographic basins.

Deceit about water fuels these mines. Lithium Americas’ environmental impact assessment is grossly inaccurate, according to hydrologist Dr. Erick Powell. By classifying year-round creeks as “ephemeral” and underreporting the flow rate of 14 springs, Lithium Americas is claiming there is less water in the area than there actually is. This masks the real effects the mine would have—drying up hundreds of square miles of land, drawing down the groundwater level, sucking water from neighboring aquifers—all while claiming its operations would have no effect.

Peabody Energy Corporation’s impact assessment similarly misrepresented how their withdrawals would harm the Navajo aquifer. Peabody Energy used a flawed method to measure the withdrawals, according to former National Science Research Fellow Daniel Higgins. Now Navajo Nation wells require drilling down 2,000–3,000 feet, and the water is depressurized and slow to flow to the surface.

Thacker Pass lithium mine would pump groundwater at a disturbing rate, up to 3,250 gallons per minute. Once used, wastewater would contaminate local groundwater with dangerous heavy metals, including a “plume” of antimony that would last at least 300 years. Lithium Americas plans to dig the mine deeper than the groundwater level and keep it dry by continuously pumping water out, but when the pumping stops, groundwater would seep back in, picking up the toxins.

It hurts me to think about this. I imagine water being rapidly extracted from my own body, my bloodstream poisoned. The best tasting water rises to the surface when it is ready, after gestating as long as it likes in the dark Earth. Springs are sacred. When I feel welcome, I place my lips on the earthy surface and fill my mouth with their sweet flavor and vibrant texture.

Mining in the Atacama Desert

Thirteen thousand feet above sea level, the indigenous Atacamas people live in the Atacama Desert, the most arid desert in the world and the driest place on Earth. For millennia, they have used their scarce supply of water and sparse terrain carefully. Their laws and spirituality have always been intertwined with the health and well-being of the land and water. Living in mud-brick homes, pack animals, llama and alpaca, provide them with meat, hide, and wool.

But lithium lies beneath their ancestral land. Since 1980, mining companies have made billions in the Salar de Atacama region in Chile, where lithium mining now consumes sixty-five percent of the water. Some local communities need to have water driven in, and other villagers have been forced to abandon their settlements. There is no longer enough water to graze their animals. Beautiful lagoons hundreds of flamingos call home have gone dry. The birds have disappeared, and the ground is hard and cracked.

In addition to the Thacker Pass mine proposal, Lithium Americas has a mine in the Atacama Desert, a joint Canadian-Chilean venture named Minera Exar in the Cauchari-Olaroz basin in Jujuy, Argentina. Digging for lithium began in Jujuy in 2015, and there is already irreversible damage, according to a 2018 hydrology report. Watering holes have gone dry, and indigenous leaders are scared that soon there will be nothing left.

Even more water is needed to mine the traces of lithium found in brine than in an open-pit mine. At the Sales de Jujuy plant, the wells pump at a rate of more than two million gallons per day, even though this region receives less than four inches of rain a year. Pumping water from brine aquifers decreases the amount of fresh groundwater. Freshwater refills the spaces emptied by brine pumping and is irreversibly mixed with brine and salinized.

The Sanctity of Water

As a river guide, I live close to water. Swallowed by its wild beauty, I am restored to a healthier existence. Far from roads, cars, and cities, I watch water swirl around rocks or ripple over sand. I merge with its generous flow, floating through mountains, forest, or canyon. Rivers teach me how to listen to the currents—whether they cascade in a playful bubble, swell in a loud rush, or ebb in a gentle silence—for clues about what lies ahead.

The indigenous Atacamas peoples understand that water is sacred and have purposefully protected it for centuries. Rather than looking at how nature can be used, our culture needs to emulate the Atacamas peoples and develop the capacity to consider its obligations around water. Instead of electric cars, what we need is an ethical approach to our relationship with the land. Honoring the rights of water, species, and ecosystems is the foundation of a sustainable society. Decisions can be made based on knowledge of the land, weather patterns, and messages from nature.

For millennia, indigenous peoples have perceived water, animals, and mountains as sentient. If humans today could recognize their intelligence, perhaps they would understand that underground reservoirs have a value and purpose, beyond humans. When I enter a cave, I am walking into a living being. My eyes adjust to the dark. Pressing my hand against the wall, I steady myself on the uneven ground, hidden by varying amounts of water. Pausing, I listen to a soft dripping noise, echoing like a heartbeat as dew slides off the rocks. I can almost hear the cave breathing.

The life-giving waters of aquifers keep everything alive, but live unseen under the ground. As a soul guide, I invite people to be nourished by the visions of their dreams, a parallel world that is also seemingly invisible. Our dominant culture dismisses the value of these perceptions, just as it usurps water by disregarding natural cycles. Yet to create a sustainable world, humans need to be able to listen to nature and their dreams. The depths of our souls are inextricably linked to the ancient waters that flow underground. Dreams arise like springs from an aquifer, seeding our visionary potential, expanding our consciousness, and revealing other ways to live, radically different than empire.

Water Bearers

I set my backpack down on a high sandstone cliff overlooking a large watering hole. Ten feet below the hole, the red rock canyon drops into a much larger pool. My friend hikes down to it, filling her cookpot with water. She balances it atop her head on the way up, moving her hips to keep the pot steady. Arriving back, she pours the water into the smaller hole from which we drink and returns to the large pool to gather more.

Women in all societies have carried water throughout history. In many rural communities, they still spend much of the day gathering it. Sherri Mitchell of the Penobscot Nation calls women “the water bearers of the Universe.” The cycles in a woman’s body move in relation with the Earth’s tides, guiding them to nourish and protect the waters of Earth. We all need to become water bearers now.

Indigenous peoples, who have always been the Earth’s greatest defenders, protect eighty percent of global diversity, even though they comprise less than five percent of the world’s population. They understand water is sacred, and the world’s groundwater systems must be defended. For six years, indigenous peoples have been fighting to prevent lithium mining in the Salinas Grandes salt flats, in Jujuy, Argentina. Five hundred indigenous people camped on the land with signs: “No to lithium. Yes, to water and life in our territories.”

In February 2021, President Biden signed executive orders supporting the domestic mining of “critical” minerals like lithium, but two lawsuits, one by five Nevada-based conservation groups, have been filed against the Bureau of Land Management for approving the Thacker Pass lithium mine. Environmentalists Max Wilbert and Will Falk are organizing a protest to protect Thacker Pass. Local residents, including Northern Paiute and Western Shoshone peoples, are speaking out, fighting to protect their land and water.

We can see when a river runs dry, but most people are not aware of the invisible, slow-burning disaster happening under the ground. Some say those who oppose lithium mining should give up cell phones. If that is true, perhaps those who favor mines should give up drinking water. Protecting water needs to be at the center of any plan for a sustainable future.

The “fossil water” found in deserts should be used only in emergency, certainly not for mining. Sickened by corporate water grabbing, I support those trying to stop Thacker Pass Lithium mine and aim to join them. The aquifers there have nurtured so many for so long—eagles, pronghorn antelope, mule deer, old-growth sagebrush, hawks, falcons, sage-grouse, and Lahontan cutthroat trout. I pray these sacred wombs of the Earth can live on to nourish all of life.


For more on the issue: