France and Spain must regulate their companies in Senegal

Senegalese authorities have dispossessed hundreds of farmers in Western Senegal to make way for phosphate mining and mineral extraction by Spanish-Senegalese firm SEPHOS and French-Senegalese company Grande Côte Opérations (GCO).

These companies – and the authorities which granted them permits to extract phosphate, zircon, ilmenite and other minerals – have infringed the human rights of local communities in Koudiadiène, Lam-Lam, Pambal as well as in Diogo and surrounding areas, including the right to adequate food and nutrition, the right to land, the right to a healthy, clean and sustainable environment, the right to health and the right to water, according to a new report from FIAN International (English summary – full report in French here).

Although most communities in rural Senegal have access to land according to traditional customary rights, rather than formal land titles, the report highlights a lack of legal recognition of the practice. This leaves peasants and rural communities unprotected when authorities grant mining concessions to domestic or foreign companies.

“Koudiadiène is in the phosphate mining reserve. This material is under our feet and if the state needs it, the population will have to move,” lamented one Koudiadiène community member.  

Moreover, the level of compensation offered for the loss of land has been derisory or non-existent  pushing many affected people into extreme poverty

“Before, we were comfortable and had enough to eat. The women helped with the agricultural tasks. The income from the crops enabled us to eat well and cover all our other expenses. Since our field has been grabbed, I don't work and stay at home,” said Ndeye Ndiaye, a victim of land grabbing from Diogo

“My children don't have enough to eat. I often ask the neighbors for money to pay for the children's medical care. We are tired. We need help,” she added.

The affected communities were not informed about the mining operations in advance, despite the devastating impact it has since had on their crops and health.

“Peasants are not even notified in time of the machines' intervention on their fields … community members with fields close to the mine have lost everything because of the dust that settles on their crops,” explained Armand Gondet Dione, a human rights defender from Pambal.

“The fields have become unfit for cultivation. Trees have dried up and died before they could even be inventoried. Grazing areas are disappearing, flora and fauna are dying, drought and erosion are worsening.”

Both SEPHOS, which is engaged in phosphate mining and GCO, which extracts zircon, ilmenite, rutile and leucoxene have parent companies or main assets respectively in Spain and France.

While Senegal has clearly infringed its obligations under international human rights law and domestic laws, Spain and France are also obliged according to international human rights law to take steps to ensure that mining companies based on their territory do not undermine the right to food and other related rights in Senegal. This obligation also requires states to sanction these actors in the event of abuse, and to provide recourse to those affected by these companies, notably through their national courts and adequate remedies.

Spain and France must take responsibility for the lives destroyed by their companies and take action without delay.

Read the full report in French here.

The report will soon be available in Spanish.

In English, you can access here the report’s key messages, recommendations, and a graph illustrating one case of derisory compensation.

For more information, please contact Valentin Hategekimana hategekimana@fian.org or Tom Sullivan sullivan@fian.org

 

 

Time to hold corporations legally accountable for human rights and environmental crimes

FIAN International stands in solidarity with hundreds of social movements and civil society groups around the world calling for a binding treaty with the teeth to protect peasants, small hold farmers, Indigenous Peoples and communities who have no proper recourse to justice when their lives, health and livelihoods are threatened. 

“There are too many gaps in international law which allow for the impunity of corporations that have caused or contributed to serious human rights impacts. After seven years of talks, governments must now stand firmly on the side of affected communities and advance the negotiations, taking into account the urgent need for global solutions,” said FIAN International’s Permanent Representative to the UN Ana María Suárez Franco.

There is currently no binding global legal framework to regulate the activities and value chains of transnational mining companies, agribusiness and other businesses with atrocious human rights records. This is particularly problematic in resource rich countries in the Global South with weaker legal protections, where companies can argue that they are not breaking any local or international laws when they force communities off their land, pollute their habitats, and even cause loss of life.

Voluntary guidelines like the UN Guiding Principles on Business and Human Rights and national legislation like the French law on the duty of vigilance of transnational corporations are not enough to protect communities and the environment from unscrupulous corporations. As demonstrated in several recent high profile cases, such as the massive displacement of communities in Uganda by French oil giant Total, the Brumadinho Dam Disaster in Brazil and Land grabbing by POSCO in India, a robust set of binding rules are needed to ensure peoples human rights are prioritized over economic interests.

“An international treaty on transnational corporations and other businesses is essential to govern globalized economies,” said Ana María Suárez Franco. “A level legal playing field would fill the gaps in protection, allow people better access to justice, and hold companies liable for their human rights and environmental impacts.”

In the wake of last month’s UN Food Systems Summit in Rome, which failed to curb the growing power of agribusiness, it is all the more important to seize this opportunity at the UN in Geneva between 25 and 29 October.

Corporate interests, or states intent on defending them at the expense of people, must not be allowed to hijack the Open-ended Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises with Respect to Human Rights (OEIGWG) must not be hijacked by corporate interests, as happened in the past with similar initiatives.

That would be a lost opportunity for communities fighting human rights abuses around the world and for the UN-system.

Transitioning towards Pesticide-free food systems: People’s Struggles and Imagination

Pesticides are causing a global human rights and environmental catastrophe. They are
responsible for an estimated 200,000 acute poisoning deaths each year. Long-term
exposure can lead to chronic diagnoses like cancer; birth defects and reproductive
harm; and abnormalities in the neurological, developmental, and immune systems.
Runoff from pesticides applied to crops frequently pollutes the surrounding ecosystem
and beyond, with deleterious ecological consequences that exacerbate the loss
of biodiversity. Pesticides can also harm the biodiversity of soils, which can lead to
large declines in crop yields, posing problems for food security.

FIAN’s study investigates how countries are transitioning to agroecology and pesticide-
free food systems. By examining cases in India, Brazil, Argentina, France, Spain,
Italy, and the United States (US), FIAN’s study offers a clear diagnosis of the human
rights and environmental problems resulting from pesticides.

It provides a foundation for grassroots movements, local and state governments,
and the international community to create pesticide-free societies that can uphold
the right to a toxic-free environment for all.

Read and download the Study Transitioning towards Pesticide-free food systems: People's Struggles and Imagination

See also  Key Elements in Regulatory Frameworks to Ban Highly Hazardous Pesticides, Phase Out Other Pesticides, and Facilitate the Transition to Agroecology

See also the report Pesticides in Latin America: Violations Against the Right to Adequate Food and Nutrition