Advocates for Community Alternatives

Category: Uncategorized

  • Italian energy superpower ENI and Nigerian community reach historic agreement to mitigate chronic flooding of village

    Italian energy superpower ENI and Nigerian community reach historic agreement to mitigate chronic flooding of village

    Joint Press Release

    Port Harcourt, Benin City, Accra, Rome, Paris – 8 October 2019 — After years of battle, residents of the community of Aggah in Rivers State, Nigeria, finally have hope for relief from the floods that have plagued them for five decades, thanks to a ground-breaking agreement with Italian energy company ENI S.p.a published on 2 October 2019. A community association, Egbema Voice of Freedom (EVF), and its representatives, Advocates for Community Alternatives (ACA) and Chima Williams & Associates (CWA), had filed a complaint against ENI in front of Italy’s OECD National Contact Point on 15 December 2019, with the support of the International Federation for Human Rights (FIDH).

    The complaint stressed the devastating impacts the flooding had on the health, property, livelihoods and environment of the Aggah community. It was submitted under the OECD Guidelines, which establish international standards of corporate conduct to which Italy and its corporations are committed. In a rare successful case before an OECD National Contact Point (NCP), the agreement addresses the essential concern of the complainants, i.e. the urgent construction of drainage solutions to mitigate the flooding and a potential resort to a technical expert if more efforts are needed.

    “We are celebrating this news in Aggah.  The agreement is an achievement that follows years of battle to get ENI and its subsidiary NAOC to act to resolve the flooding they have created. We remain however vigilant on how the company and its Nigerian subsidiary will implement the agreement,” affirmed Pastor Evaristus Nicholas, spokesperson for Egbema Voice of Freedom.

    “The community had been asking NAOC, ENI Nigerian subsidiary, to fix the flooding problem for years, but to no avail,” said Jonathan Kaufman, Executive Director of ACA.  “The game changed when we went to Italy on the basis of the OECD Guidelines, which apply to all Italian companies, and asked ENI to take responsibility for what was happening on the ground in Aggah.”

    ENI has drilled for oil in and around the town of Aggah since the 1960s. The complaint alleges that the company built elevated roadways, embankments and platforms that completely block natural streams that used to flow through Aggah, causing violent annual flooding of large swathes of farmland and residential areas since 1970. According to a survey of over two thousand Aggah residents, 90% of households have lost agricultural products while over 65% reported severe health problems as a result of the flooding. Several people have drowned in the floodwaters – including one villager who died just last month. Floods also destroy sewage systems, resulting in vast pollution and harm to the ecosystem.

    “This is particularly positive news. First, because the community’s central demand is finally acknowledged by ENI. Second, because successful cases for victims before the OECD complaint mechanism are extremely rare. This is the result of a relentless and joint effort by the community, advocates and NGOs to get the company to act,” said Giacomo Cremonesi, Italian lawyer and FIDH representative in the procedure before the Italian NCP.

    After the complaint was deemed admissible, the Italian NCP opened a mediation procedure between the parties in the presence of a third-party Conciliator; the process led to an agreement that was made public on Wednesday 2 October 2019. The terms of settlement provide for the urgent construction of new culverts/drainage channels and maintenance and management of the existing ones to avoid flooding. It also indicates the verification of the impact of those measures in the presence of a technical expert, to determine whether further action should be taken. NAOC’s surveyors have already entered the community to determine the setting of any new construction.

    “This success story shows that it is possible, when victims properly coordinate with their advocates and present their cases with strong evidentiary backing, and when the NCP does its job to make companies – no matter how mighty –  listen and act accordingly. This further underscores the benefits of following due process and the rule of law rather than the rule of self help,” said Prince Chima Williams of CWA, the Nigerian law firm representing the complainant (EVF).

    Press contacts:

    Advocates for Community Alternatives (ACA)

    Jonathan Kaufman: jonathan@advocatesforalternatives.org   +233 55 555 0377

    International Federation for Human Rights (FIDH)
    Sacha Feierabend:     sfeierabend@fidh.net   +33 6 85 12 24 53

    Chima Williams & Associates (CWA)
    Prince Chima Williams:     princewchima@yahoo.co.uk; +2348023649890.

    Egbema Voice of Freedom (EVF)
    Pastor Nicholas Evaristus:     royalgraceassembly_evarist@yahoo.com; +2348064329322.

    Aggah-Eni Terms of SettlementDownload
  • Sierra Leone Villagers Seek Mining Justice at ECOWAS Court

    Sierra Leone Villagers Seek Mining Justice at ECOWAS Court

    29 August 2019 – The government of Sierra Leone shot and beat protesters and helped a mining company pollute and unjustly grab traditional lands, according to a human rights lawsuit filed by residents of Koidu, Sierra Leone at the ECOWAS Court of Justice.  The plaintiffs are asking for proper relocation, enforcement of the Mining Lease Agreement between the government and mining company, investigation of incidents of violence in 2007 and 2012, and compensation for their suffering and losses.

    Many Koidu residents live in the shadow of the immense waste dump of a diamond mine operated by the Octea Group. These individuals have been awaiting relocation for over a decade, with no end in sight. The proximity of the mine to their homes means mining activities have disrupted their livelihoods and access to basic living necessities. Explosions from the mine have sent rubble flying onto their farmland and crashing through their roofs. With support from the State, the company has diverted water onto their land, flooding it. Women who previously farmed small plots have lost that land and are now reduced to taking rocks from the company’s giant rubble pile and breaking them into gravel to sell to construction crews. “This back-breaking work is ruining my health, but what choice do I have?” complained Aminata Bangura, leader of the cooperative of women stone-breakers. “I can barely make enough to feed my kids, but I don’t have land to grow food for them anymore.”

    Madam Kumba King, Tankoro Queen Mother and representative of the Marginalized Affected Property Owners Association, lamented the destruction of their community. “We used to farm and live in peace, but now our lands and water sources are poisoned and covered in rubble. Our homes are shaken by explosives every day.” Tremors from blasting cracks residents’ walls and collapses their ceilings. Throughout the community, those who once had ready access to well water now find their wells dry during the dry season because the mine has disturbed the water table.

    Despite the residents’ complaints, the government has failed in its legal obligation to ensure the relocation of these individuals and the proper replacement of their land and homes. Even those that have received relocation report that the resettlement site lacks basic living essentials.  Their new houses are smaller than their old homes and have already started crumbling after just a matter of months due to poor construction.

    The complaint further alleges that the Sierra Leone repeatedly committed unjustified violence against demonstrators in Koidu.  According to several witnesses, police officers used firearms to disperse peaceful protesters, resulting in two deaths and several grave injuries in 2007 and again in 2012. After the shooting in December 2007, the government created the Jenkins-Johnston Commission of Inquiry, which found the government and the company to be jointly responsible for the violence and recommended important police reforms. Although the government officially accepted these proposals, it failed to implement any of them, and violence struck again in December 2012. For both incidents, the government did not hold any security officers responsible, nor did it provide assistance to the victims and their family members, who continue to wait for justice to this day. The community is represented by a consortium of West African lawyers from the Public Interest Lawyering Initiative for West Africa (PILIWA), as well as C&J Partners of Makeni, Sierra Leone.

    Koidu ECOWAS ComplaintDownload
  • Donkro Nkwanta Communities near completion of their projects

    Donkro Nkwanta Communities near completion of their projects

    In no time, the communities shall be decked with many different projects that come together to fulfill the ultimate visions of Donkro Nkwanta communities. The communities began the Facilitated Collective Action Process (FCAP) in April 2017 with eight to ten months of planning, and they will soon complete the implementation phase where they have prioritized various goals and pathways.

    In 2011, Donkro Nkwanta and its three neighboring communities made history after fighting and successfully stopping a mining activity that was to take place on their fields by a gigantic American gold mining company, Newmont. The communities resisted with a vision for a livelihood that could be beneficial to many generations. If the company had succeeded in their quest, the communities would have lost the pride of being the highest maize producers in the Municipality providing communities full of poverty, sicknesses and extreme hunger.

    Five years after the communities’ fight with the mining company, ACA began working with them; residents in Salamkrom, Kyeradeso, Donkro Nkwanta and Nwoase were worried that the company would return. Poverty and internal wrangling had sapped their strength to resist.

    However, through FCAP, communities have come together to define their goals and determined how best to achieve them. ACA has so far committed a total amount of USD 45,000.00 to support these four communities on various projects.

    Kyeradeso received a microgrant of USD 9,000 to build a Community-Based Health Planning and Services (CHPS) compound to improve the health of their community and others within the health zone. Similarly, Salamkrom also sought to improve health by building a nurses’ quarters to support the already active nurses in their clinic who have no place to lay their heads with USD 9,000.00. Nwoase also received the same amount to construct a five-bedroom house for their teachers who have been posted to the community to teach in order to improve education. And finally, the biggest community Donkro Nkwanta received double the amount of the microgrants (USD 18,000) to build a community center to help them continually meet and take vital development decisions, as well as to hire out and generate additional income for the community to implement other goals of the community in the near future.

    Below are pictures of the ongoing projects.

  • Guinée : Zoghota à l’honneur (Guinea: Zoghota honored)

    Guinée : Zoghota à l’honneur (Guinea: Zoghota honored)

    Français

    Notre ami Me Pépé Antoine Lama est un jeune avocat Guinéen, membre de de l’ONG « les Mêmes Droits pour Tous », membre du réseau PILIWA, avocat accompagnant les victimes du massacre de Zoghota devant les juridictions nationales et la Cour de Justice de la CEDEAO.

    Il a remporté le premier prix du concours international de plaidoiries pour les droits de l’homme organisé en Mauritanie par l’Institut international des droits de l’homme et de la paix le 5 décembre 2018. Ce concours a vu la participation de huit candidats venus de la Mauritanie, l’Algérie, le Canada et la Guinée.

    Il a consacré sa plaidoirie sur le massacre de Zoghota afin de porter non seulement la voix des victimes hors des frontières de la Guinée, mais aussi inciter les autorités guinéennes à mener des enquêtes effectives et indépendantes sur les évènements malheureux de Zoghota « Mon objectif en choisissant le cas de Zoghota est que justice soit rendue aux victimes du massacre de Zoghota et que les responsables puissent répondre de leurs actes » dit Me Pépé Antoine Lama.

    English

    Our friend Mr. Pépé Antoine Lama is a young Guinean lawyer accompanying the victims of the Zoghota massacre before the national courts and the ECOWAS Court of Justice. He is also a member of the NGO “Les Mêmes Droits pour Tous” and a member of the PILIWA network.

    He won first prize in the International Human Rights Moot Court Competition organized in Mauritania by the International Institute for Human Rights and Peace on December 5, 2018. This competition was attended by eight candidates from Mauritania, Algeria, Canada and Guinea.

    He devoted his speech to the massacre of Zoghota to carry not only the voices of the victims beyond the borders of Guinea, but also to incite the Guinean authorities to carry out effective and independent investigations on the unfortunate events of Zoghota. “My objective in choosing Zoghota’s case is that justice is done to the victims of the Zoghota massacre, and that those responsible can answer for their actions,” says Mr. Pépé Antoine Lama.

  • Donkro Nkwanta Communities Begin The Next Phase of Their Projects

    Donkro Nkwanta Communities Begin The Next Phase of Their Projects

    English:

    The communities in Donkro Nkwanta have continued to make headway on their development projects. All four communities – Donkro Nkwanta, Nwoase, Salamkrom, and Kyeredeso – have laid foundations for their building projects. Nwoase and Salamkrom have already begun to build the walls to their compounds.

    Additionally, one of the communities had previously developed a culturally appropriate strategy for challenging its traditional chief in a land dispute. Though they have met some obstacles, its members are moving forward to the next step in their strategy and have continued to push for a resolution.

    French:

    Les communautés de Donkro Nkwanta continuent à progresser dans leurs projets de développement. Les quatre communautés – Donkro Nkwanta, Nwoase, Salamkrom et Kyeredeso – ont jeté les bases de leurs projets de construction. Nwoase et Salamkrom ont déjà beaucoup avancé dans la construction des murs.

    En outre, l’une des communautés avait précédemment développé une stratégie culturellement appropriée pour contester son chef traditionnel dans un conflit foncier. Bien qu’ils se soient heurtés à des obstacles, ses membres avancent pour la prochaine étape de leur stratégie et ont continué à faire pression pour une résolution.

  • Zoghota Massacre Victims Accuse Mining Company of Complicity in Murder

    Zoghota Massacre Victims Accuse Mining Company of Complicity in Murder

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  • Donkro Nkwanta Residents Become Active and Engaged Citizens Through CICONET

    Donkro Nkwanta Residents Become Active and Engaged Citizens Through CICONET

    Fifty residents of the villages of Donkro Nkwanta, Kyeredeso, Nwoase, and Salamkrom have completed their fourth month of activities through the Citizens Community Network, or CICONET.  As part of their commitment to engage with local authorities and practice active citizenry, CICONET members have learned how local government works, hosted Town Hall Meetings with government officials, and chosen advocacy projects to improve their communities’ governance.

     

    CICONET began in April 2018 with a keynote address from the Municipal Chief Executive of Nkoranza South Municipality, Ghana, Ms. Diana Ataa-Kusiwaa.  Since that time, the network members have met monthly and learned to interact with local and traditional government leaders.  They have held the Municipal Assembly to account for incorporating their own community development vision into Nkoranza South’s Medium-Term Development Plan, exercised oversight over development projects in the area, and communicated community grievances in a positive and constructive way.

     

    Through CICONET, community members have also developed the solidarity and confidence to advocate on their own behalf with their leaders.  Most recently, they decided to tackle a land dispute with the traditional chief of one of the four villages.  The participants developed and put into practice an assertive but culturally appropriate strategy to ensure that community land is used and governed appropriately.

  • Donkro Nkwanta Communities Break Ground on Community Projects

    Donkro Nkwanta Communities Break Ground on Community Projects

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    In the past month, two of the communities at Donkro Nkwanta in the Brong Ahafo Region of Ghana – Salamkrom and Kyeredeso – have broke ground on community-driven development projects with ACA’s support.  Each of the villages has created its own development and advocacy vision that will keep it safe from the destructive impacts of mining for years to come.

     

    In both Kyeredeso and Salamkrom, community artisans have cleared building sites and molded concrete blocks, and they expect to start construction in August.  Kyeredeso is building a health clinic, and Salamkrom is preparing accommodations for the village school’s teachers.  Both communities have signed grant agreements with ACA, and they have received the first disbursements on these “microgrants.”

     

    The villages are two of the four communities that ACA supports in Ghana to choose their own development trajectory in the face of threats from the mining and petroleum industries.

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