Biodiversity: A COP15 deal must recognize Indigenous peoples as custodians of conservation

Reacting to Indigenous peoples calling on states to ensure that a deal to declare 30% of the world protected by 2030 at the COP15 talks in Montreal respects their rights, Chris Chapman, Amnesty International’s Adviser on Indigenous Rights, said:

“Any 30 x 30 deal being negotiated in the final days of COP15 must recognize that conservation is more effective on Indigenous lands than in state-run protected areas. States must include Indigenous peoples’ territories and customary lands and waters as a category of conservation area in any agreement, as called for by the Indigenous Biodiversity Forum.

“States must also ensure that any agreement addresses human rights violations in protected areas and requires states to respect the UN Declaration on the Rights of Indigenous peoples, including by obtaining their free, prior and informed consent for all actions.

“Negotiators on the 30 x 30 deal at COP15 should also remove the requirement for a significant proportion of protected areas to be ‘strictly protected’, as the wording could lead to ‘fortress conservation’ methods that forcibly evict human populations from these areas, including Indigenous peoples and other traditional land users who have cultivated the land for generations.”

Background

COP15, the UN Biodiversity Conference running from 7-19 December in Montreal, marks the latest meeting to discuss the implementation of the Convention on Biological Diversity, an agreement adopted in 1992. The talks aim to set specific goals for 2030 and targets to 2050.

Amnesty International stresses the urgent need to address the loss of biodiversity as an essential step towards climate justice and to protect the right to live in a safe, clean and sustainable environment.

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Sierra Leone: No diamond is worth the life of a community 

The Sierra Leone government must continue to ensure that the human rights of people living close to the diamond mine exploited by Meya Mining in eastern Kono district are protected, Amnesty International said today. The organization also urged Meya Mining to fulfil its commitments to respond to community concerns. 

Between 2018 and 2021, Amnesty International delegates conducted research in the Kono district on the impact of Meya Mining’s mining activities. This research revealed several concerns, including unsafe water in boreholes constructed by Meya, dangers to communities living in the vicinity of the mine, and other violations of the socio-economic rights of local people.

After Amnesty International raised these concerns with the Sierra Leonean authorities and Meya Mining, Amnesty International received the company’s reply in August 2022 to outline the measures it has taken to consult neighboring communities, and prevent any harmful impacts from its mining operations, such as water pollution.  To date, Amnesty International has not received a substantive response from the Sierra Leonean authorities.

The authorities must ensure that all issues raised have already been addressed. Although, on 9 August, the Sierra Leonean Parliament passed the Mines and Minerals Development Act 2022, which aims to improve the welfare of communities affected by future mining exploration, the government of Sierra Leone must ensure that anyone whose human rights have been violated by any mining company has access to justice, an effective remedy mechanism and reparations”.

Samira Daoud, Amnesty International’s Regional Director for West and Central Africa.  

In 2018, Amnesty International started research into mining activities in Kono District.  According to the testimonies collected by Amnesty International, many residents claimed that they were not engaged in a process of genuine consultation before the mining operations began.    Amnesty International recalls that international human rights norms, including the United Nations Guiding Principles on Business and Human Rights, clearly state that communities must give their prior consent for all forms of resource exploitation on their traditional lands and must also benefit accordingly.  

‘Everything is gone now’ 

“The place where the Meya Mining’s plant is located used to be a swamp. [We] had a plantation there. Everything is gone now. I used to survive on my plantation, to feed myself and get money to pay school fees for my children…  We do not benefit from any of their activities. They gave me only USD 98 for the swamp and the plantation. […].” said a woman from the Simbakoro community.  

In 2019, Amnesty International also took water samples for testing from two boreholes constructed by Meya Mining in the Koaquima community. The results revealed high levels of nitrates in both samples (110 mg/l for the sample 1 and 120 mg/l for the sample 2), which were well above safe levels (50 milligrams per liter) recommended by the World Health Organization.  

At that time residents from the community were complaining about Meya’s borehole: “We cannot use the borehole water provided by Meya for drinking. It contains Spirogyra [a type of algae]. We see them in the water. It is poisonous. We use the water for washing and cooking because it has a taste, it is salty,” said a resident of Kaoquima community, located in an area where Meya Mining operates.

Meya Mining confirms that they also tested the water in the boreholes the same year and they did not contest the high level of nitrate in the water at this time.

Forced to shelter from explosions 

After the communities receive notification from the company, the explosions of the mines take place. Before these explosions start, inhabitants explained that they are forced to evacuate their homes and take shelter in the different structures made by the company until the blasting is over.  

In the Simbakoro community, at the time of the investigation made by Amnesty International, the wood-and-tarpaulin structure constructed by Meya Mining in which inhabitants sought shelter was covered in holes and in a state of disrepair. It also could not hold more than 300 people, when the community has more than 2,000 members. Simbakoro residents did not feel safe under this structure when blasting was taking place. As one of its members says: “The shelter is not safe. The shelter is not suitable for human use. It is like a pig shelter. It’s for animals.” 

Amnesty International is also concerned that no sufficient steps were taken to ensure the safety of the mine sites despite their proximity to local communities including children.

What Meya Mining says  

Reacting to the concerns raised by Amnesty International, Meya Mining said it had taken measures to mitigate some of the impacts of diamond mining.  

According to the reply received by Amnesty International in August 2022, fences will be built around the mining site to increase the safety of residents. Still on the security side, a permanent blast shelter will be built to replace the temporary one whose shortcomings were highlighted in the Amnesty International findings. 

It also asserts that it has put in place water filtration and purification systems to reduce the level of nitrate in the boreholes. Meya Mining also argued that they made sufficient consultation with the local community and notified Amnesty International that a socio-environmental impact assessment has been carried out to better mitigate the societal and environmental impacts on local communities. 

While welcoming Meya’s commitment and new measures to improve community rights, Amnesty International encourages the Sierra Leone authorities and the mining company to do everything possible, together with the local communities, to alleviate their suffering related to the mine’s activities ensuring that United Nations Guiding Principles on Business and Human Rights are always implemented”.

Samira Daoud

Background 

On 19 July 2019, the Government of Sierra Leone granted Meya Mining, a diamond mining firm, 35% owned by Sierra Leone-incorporated Germinate (SL) Limited and 65% by Namibian-incorporated Trustco Group Holdings, a license company covering a period of 25 years to extract an estimated around USD 850 million worth of diamonds.   

During its research, Amnesty International interviewed 128 people in nine communities affected by Meya Mining’s operations. The organization also spoke to national and local authorities, as well as senior employees of Meya Mining. 

The organization has twice written to the government — in August 2019 and February 2022 — to raise concerns about the human rights impact of Meya Mining activities. In July 2022, we also contacted Meya Mining giving them the right to reply to Amnesty International’s findings about their activities.  

On 2 March 2022, Meya Mining received a request from the Senior Permanent Secretary at the Sierra Leone Ministry of Mines and Mineral Resources regarding the concerns raised by Amnesty International.

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Andorra: Defamation charge against activist facing trial for speaking out about women’s rights must be dropped

  • “I won’t stop speaking out for women’s rights” vows woman rights defender

An activist who faces a potential fine after speaking about abortion rights and women’s rights at a United Nations forum, should have the defamation charge against her dropped, Amnesty International said ahead of the organization’s participation in an event on sexual and reproductive rights in Andorra.

In 2020 the public prosecutor brought three criminal defamation charges against Vanessa Mendoza Cortés following a complaint by the Andorran government after she spoke about abortion rights and the situation of women and girls in the country at a specialist United Nations Committee meeting. In 2021 the prosecutor dropped two of the charges involving prison sentences, but she still faces a potential fine of up to 30,000 euros and a criminal record if convicted. Andorra is one of the few remaining countries in the world to have a total ban on abortion.

“The initial complaint, prosecution and later indictment of Vanessa Mendoza Cortés after her legitimate participation in an expert UN body is nothing less than a shameful and deliberate attempt to prevent her from voicing her opinions and punish her for speaking about abortion and women’s rights,” said Monica Costa, Senior Campaigner, Amnesty International.

I am being treated like a criminal, but I have done nothing wrong. I won’t stop speaking out for the rights of women and girls in Andorra, including their right to abortion in a country where access to it is totally banned.

Vanessa Mendoza Cortés

Background

Vanessa Mendoza Cortés is a psychologist and the president of the women’s rights organisation Stop Violències. In 2019 she spoke about the situation of women and girls including the right to abortion in the review of Andorra conducted by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW). Last October, a judge issued an indictment against her for the alleged “crimes against the prestige of the institutions”. There is no date for the trial yet.

Andorra and Malta are the only two countries in Europe with a total ban on abortion. As a result of the ban, people in need of abortions are compelled to travel abroad, mainly to France and Spain to seek the healthcare they are entitled to. Those unable to travel because of the cost or due to their uncertain legal status face a heightened risk of human rights violations.    

On 16 December Amnesty International will participate in an event about sexual and reproductive rights in Andorra organised by Stop Violències.  The event will start at 18:30 (CET). Prior to the event, at 12.30 (CET), there will be a press conference at Sala d’Actes del Centre Cultural de la Llacuna, Andorra la Vella.

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Kenya: Meta sued for 1.6 billion USD for fueling Ethiopia ethnic violence

Meta must reform its business practices to ensure Facebook’s algorithms do not amplify hatred and fuel ethnic conflict, Amnesty International said today in the wake of a landmark legal action against Meta submitted in Kenya’s High Court.

“The spread of dangerous content on Facebook lies at the heart of Meta’s pursuit of profit

Flavia Mwangovya, Deputy Director, East Africa, Horn and Great Lakes Region

The legal action claims that Meta promoted speech that led to ethnic violence and killings in Ethiopia by utilizing an algorithm that prioritizes and recommends hateful and violent content on Facebook. The petitioners seek to stop Facebook’s algorithms from recommending such content to Facebook users and compel Meta to create a 200 billion ($1.6 billion USD) victims’ fund. Amnesty International joins six other human rights and legal organizations as interested parties in the case.

“The spread of dangerous content on Facebook lies at the heart of Meta’s pursuit of profit, as its systems are designed to keep people engaged. This legal action is a significant step in holding Meta to account for its harmful business model,” said Flavia Mwangovya, Amnesty International’s Deputy Regional Director of East Africa, Horn, and Great Lakes Region.

One of Amnesty’s staff members in the region was targeted as a result of posts on the social media platform.

“In Ethiopia, the people rely on social media for news and information. Because of the hate and disinformation on Facebook, human rights defenders have also become targets of threats and vitriol. I saw first-hand how the dynamics on Facebook harmed my own human rights work and hope this case will redress the imbalance,” said Fisseha Tekle, legal advisor at Amnesty International.

Fisseha Tekle is one of the petitioners bringing the case, after being subjected to a stream of hateful posts on Facebook for his work exposing human rights violations in Ethiopia. An Ethiopian national, he now lives in Kenya, fears for his life and dare not return to Ethiopia to see his family because of the vitriol directed at him on Facebook.

Because of the hate and disinformation on Facebook, human rights defenders have also become targets of threats and vitriol.

Fisseha Tekle, petitioner

Fatal failings

The legal action is also being brought by Abraham Meareg, the son of Meareg Amare, a University Professor at Bahir Dar University in northern Ethiopia, who was hunted down and killed in November 2021, weeks after posts inciting hatred and violence against him spread on Facebook. The case claims that Facebook only removed the hateful posts eight days after Professor Meareg’s killing, more than three weeks after his family had first alerted the company.

The Court has been informed that Abraham Meareg fears for his safety and is seeking asylum in the United States. His mother who fled to Addis Ababa is severely traumatized and screams every night in her sleep after witnessing her husband’s killing. The family had their home in Bahir Dar seized by regional police.

The harmful posts targeting Meareg Amare and Fisseha Tekle were not isolated cases.  The legal action alleges Facebook is awash with hateful, inciteful and dangerous posts in the context of the Ethiopia conflict.

Meta uses engagement-based algorithmic systems to power Facebook’s news feed, ranking, recommendations and groups features, shaping what is seen on the platform. Meta profits when Facebook users stay on the platform as long as possible, by selling more targeted advertising.

The display of inflammatory content – including that which advocates hatred, constituting incitement to violence, hostility and discrimination – is an effective way of keeping people on the platform longer. As such, the promotion and amplification of this type of content is key to the surveillance-based business model of Facebook.

Internal studies dating back to 2012 indicated that Meta knew its algorithms could result in serious real-world harms. In 2016, Meta’s own research clearly acknowledged that “our recommendation systems grow the problem” of extremism.

In September 2022, Amnesty International documented how Meta’s algorithms proactively amplified and promoted content which incited violence, hatred, and discrimination against the Rohingya in Myanmar and substantially increasing the risk of an outbreak of mass violence.

“From Ethiopia to Myanmar, Meta knew or should have known that its algorithmic systems were fuelling the spread of harmful content leading to serious real-world harms,” said Flavia Mwangovya.

“Meta has shown itself incapable to act to stem this tsunami of hate. Governments need to step up and enforce effective legislation to rein in the surveillance-based business models of tech companies.”

Deadly double standards

The legal action also claims that there is a disparity in Meta’s approach in crisis situations in Africa compared to elsewhere in the world, particularly North America. The company has the capability to implement special adjustments to its algorithms to quickly remove inflammatory content during a crisis. But despite being deployed elsewhere in the world, according to the petitioners none of these adjustments were made during the conflict in Ethiopia, ensuring harmful content continued to proliferate.

“Meta has failed to adequately invest in content moderation in the Global South

Flavia Mwangovya

Internal Meta documents disclosed by whistle-blower Frances Haugen, known as the Facebook Papers, showed that the US $300 billion company also did not have sufficient content moderators who speak local languages. A report by Meta’s Oversight Board also raised concerns that Meta had not invested sufficient resources in moderating content in languages other than English.

“Meta has failed to adequately invest in content moderation in the Global South, meaning that the spread of hate, violence, and discrimination disproportionally impacts the most marginalized and oppressed communities across the world, and particularly in the Global South.”

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Eastern Europe and Central Asia: Lack of protection against domestic violence exacerbated by crises and ‘traditional values’ – new report

The Covid-19 pandemic, Russia’s aggression against Ukraine and a pervasive focus on ‘traditional values’ have contributed to a deterioraton in human rights and rising levels of domestic violence and other forms of gender-based violence in Eastern Europe and Central Asia, Amnesty International said today in a new report.

The report, Eastern Europe and Central Asia: Protect Women from Violence in Crises and Beyond, exposes the institutional, social and cultural challenges faced by survivors of domestic violence in the region and demonstrates how disinterested and ill-adapted state institutions are in regard to their needs. Institutional, legal and other safeguards against such violence are largely inadequate and are being eroded even further due to a surge in traditional, patriarchal and openly misogynistic political rhetoric.

“Amnesty has documented the damaging effects of the Covid-19 pandemic and lockdown measures on safeguards against domestic violence in Eastern Europe and Central Asia. Crucially, these cannot be divorced from ineffective legal and institutional frameworks in the region, and deeply harmful political and social dynamics,” said Natalia Nozadze, Amnesty International’s Eastern Europe and Central Asia Researcher.

Amnesty has documented the damaging effects of the Covid-19 pandemic and lockdown measures on safeguards against domestic violence in Eastern Europe and Central Asia. Crucially, these cannot be divorced from ineffective legal and institutional frameworks in the region, and deeply harmful political and social dynamics

Natalia Nozadze, Amnesty International’s Eastern Europe and Central Asia Researcher

“The pandemic, Russia’s invasion of Ukraine, the unspeakable horrors of conflicts, and their ramifications across the region have made it more difficult for those experiencing domestic violence to report it. It’s also now more difficult to flee unsafe situations, access shelters and other critical support services, obtain protection orders (if at all available) or rely on effective legal remedies.”

Promotion of ‘traditional values’ undermines protections for survivors

According to recent data from the World Health Organization, around 20% of women in Eastern Europe and 18% of women in Central Asia have experienced physical or sexual violence in their lifetime. At the same time, most countries in the region have failed to take a stance against such violence or take effective steps to protect women’s rights.

Recent years have seen protections of the rights of women and girls, including those who are survivors of domestic violence, eroded across the globe, as exemplified by the US Supreme Court’s decision to roll back abortion rights and Turkey’s withdrawal from the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). Many governments in Eastern Europe and Central Asia have followed this general trend.

“Governments across Eastern Europe and Central Asia are increasingly promoting ‘traditional values’ and equating the protection of gender equality and women’s rights with a loss of cultural and traditional identity, as part of efforts to secure broader support for their anti-human rights agenda. As a result, patriarchal attitudes, misogyny and homophobia have not only become more entrenched, but have flourished,” said Natalia Nozadze.

Governments across Eastern Europe and Central Asia are increasingly promoting ‘traditional values’ and equating the protection of gender equality and women’s rights with a loss of cultural and traditional identity

Natalia Nozadze, Amnesty International’s Eastern Europe and Central Asia Researcher

The Russian authorities offer a prominent example, having introduced state-sponsored homophobia and an unrelenting crackdown on human rights and women’s rights. In 2017, the Russian parliament even decriminalized some forms of domestic violence. The constitutional amendments adopted in 2020 promoted “protection of the family” and “protection of marriage as a union between a man and a woman.”

Similarly, in 2017 Kazakhstan decriminalized “intentional infliction of minor injury” and “battery”, while also weakening protections for survivors of domestic violence. In both Russia and Kazakhstan, activists reported a spike in cases of domestic violence following decriminalization.

Belarus considered a draft law on domestic violence yet rejected it in October 2018 after President Alyaksandr Lukashenka said it was against “Belarusian, Slavic traditions” and added that a “good belting could sometimes be useful” in domestic settings. Belarusian women are discouraged from reporting domestic violence because doing so may trigger a process that would see their family entered into a “social risk” register, which could result in the loss of parental rights and the institutionalization of their children.

Other leaders, including President Ilham Aliyev of Azerbaijan, in 2019, openly supported “a state based on traditional values” as opposed to a society that “does not distinguish between men and women.” Azerbaijan continues to force the survivors of domestic violence to go through mandatory mediation with their abusers for the “resumption of family affairs.”

Legal shortcomings, misguided approaches

Only three countries in the region, Georgia, Moldova and Ukraine, are state parties to the Istanbul Convention, while these same three and Kyrgyzstan have directly criminalized domestic violence. While most countries in the region have made some progress by adopting or reforming their laws to address domestic violence, the region lacks effective protection and support mechanisms for survivors of domestic violence as existing laws and policies remain inadequate.

A pervasive, deeply traditionalist approach of family mediation presents one of the main obstacles to offering greater protection to survivors. In many countries, preservation of “family unity” is seen as a bigger priority for the state than effectively protecting the rights of survivors. In practice, this often leads to survivors being coerced into staying with the abuser.

In Uzbekistan, local officials have been tasked with “strengthening family relationships and opposing various harmful influences alien to the national mentality.” For the authorities in Armenia and Azerbaijan, achieving family reconciliation in situations of domestic violence is their primary goal. In Kazakhstan, legal proceedings against an abuser may be terminated in case of reconciliation. In Russia and Tajikistan, survivors of violence bear the burden of proving that they have suffered harm — police and prosecutors generally will not assist them in this task.

Even in countries where domestic violence is criminalized, burdensome legal hurdles often leave survivors without effective protection or access to justice. In Ukraine, domestic violence meets the threshold of a criminal offence only if it has been officially documented as “systematic,” which means the perpetrator must have faced administrative proceedings for domestic abuse on at least three separate occasions.

Lack of supporting infrastructure

Across Eastern Europe and Central Asia, access to protection and information for survivors of domestic violence remains wholly inadequate. None of the countries in the region come close to achieving the minimum standards established by the Council of Europe, which require one available space in a shelter for every 10,000 people.

In many countries in the region, the authorities have practically refused to meet their obligation to set-up institutions to support survivors. Instead, shelters are often run and supported financially by non-profit organizations. In Russia, there are only 14 state-run shelters for women, despite a population of 146 million. In Ukraine, prior to Russia’s invasion, there were only 33 shelters nationwide for a population of around 42 million. As a result of the war, many domestic violence shelters are now used to house survivors of war.

Women also experience significant difficulties in accessing sexual and reproductive healthcare services in many countries. In Central Asia, three out of every five women reported difficulty accessing such services.

Access to abortion also deteriorated catastrophically during the Covid-19 pandemic. In Russia, a women’s rights group reported that, at the height of the pandemic in April 2020, only three of 44 hospitals in Moscow that they contacted were ready to provide non-emergency abortion services.

Further support for survivors of violence crucial

All countries in the region must criminalize domestic violence as a matter of urgency, remove the burden of proof from survivors, and abandon policies requiring mandatory mediation and reconciliation for the sake of family preservation. The authorities must also provide adequate resources to protection and support services, including shelters, and ensure that sexual and reproductive health services remain available and accessible.

It is absolutely crucial that protection and empowerment of women play a central role in public health policies, yet for many countries in Eastern Europe and Central Asia, this ideal remains an entirely unachieved goal

Natalia Nozadze, Amnesty International’s Eastern Europe and Central Asia Researcher

“It is absolutely crucial that protection and empowerment of women play a central role in public health policies, yet for many countries in Eastern Europe and Central Asia, this ideal remains an entirely unachieved goal. But there is a tool for establishing an effective and comprehensive legal framework on domestic violence — the ground-breaking Istanbul Convention. It is open to Belarus, Russia and countries in Central Asia, along with those within the Council of Europe,” said Natalia Nozadze.

“Nonetheless any institutional changes will be feeble unless governments address the surge in ‘traditional’ narratives, which continue to roll back women’s rights. Instead of exploiting these attitudes for political gain, governments in the region should place women’s rights at the centre of their policies.”

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