NL-KVK-41217595-FGGAANLTOC1
Stichting ActionAid
FGG AA ToC 1: Improved Corporate Conduct
The Fair Green and Global (FGG) alliance is an alliance of six civil society organisations. Both ENDS is the lead agency, and other member organisations are: ActionAid, Clean Clothes Campaign, Milieudefensie (Friends of the Earth Netherlands), SOMO and Transnational Institute.
Both ENDS
ActionAid Netherlands
ActionAid Netherlands
ActionAid Netherlands
Linda Fokkema
Acting Head Program and Partnership Development
linda.fokkema@actionaid.org
http://www.actionaid.nl
Stadhouderskade 60, 1072 AC, Amsterdam, The Netherlands
2017 Q1 Cumulative TOC1
2017 Q1 Cumulative TOC1
2017 Q1 Cumulative TOC1
2017 Q1 Cumulative TOC1
2017 Q1 Cumulative TOC1
2017 Q1 Cumulative TOC1
2017 Q1 Cumulative TOC1
2017 Q1 Cumulative TOC1
2017 Q1 Cumulative TOC1
1186816
1631871
1631871
1631871
1335168
1578235
1641621
1641621
1300513
1723721
2017 Q1 Cumulative ToC1
2017 Q1 Cumulative ToC1
1153754
1746889
FGG 2018 Cumulative TOC1 income
1746889
FGG 2018 Cumulative TOC Expenses
Outcome B: Capacities Strengthened
Increased capacity of civil society actors to research, network and advocate in relation to the conduct of corporations.
-
1.B
# CSOs in LLMICs that lobby and advocate for responsible corporate conduct based on increased skills, knowledge or network contacts.
All baselines are set at 0
AA NL (3): - AA NL worked with AA South Africa to facilitate a multi-stakeholder mission with representatives of Dutch ports, energy companies and the Dutch Ministry of Foreign Affairs. During the visit to coal mines and mining communities, through which colleagues from AASA, members from a women's group on community rights as well as members from the community organization enhanced their insights in how these Dutch representatives are linked to the violations in coal mining in South Africa, and how lobby work targeting these actors can be enhanced (0: AASA not a LLMIC). -AA NL supported ActionAid Uganda in establishing embassy relations, shared information on flower and land sector, and provided input on research plans resulting in increased networks and capacity for research and advocacy on corporate accountability in the flower sector in Uganda (1). -AA NL supported AA Haiti financially, and with research and strategic capacity towards the development of a complaint, strategy and documentation in relation to a land grab case through sending letters to company & developing a complaint to IADB which was submitted in Jan 2017)(1) Cambodia (10): Ten CSOs, including CBOs, from 2 provinces lobbied and advocated their (local)government for responsible corporate conduct, on the basis of knowledge, skills, networks and resources which resulted from: a) 2 ToT-training sessions on advocacy skills, HRD security, the UNGPs, OECD Guidelines for Multinational Enterprises, and the FAO’s VGGT, organized by partners , and 2) the provision of a small advocacy grant which was provided by partners to the project community- to advocate for getting their land rights addressed. L&A activities include closed door meetings at local, provincial and ministry level with government representatives and donors like the EU-delegation, and it includes outreach to general public, e.g. through radio talk shows, providing interviews to journalists, and developing 2 documentaries to highlight human rights issue on the ground. Zambia (3): AA Zambia organized training for partners in lobby and advocacy about strategizing to engage around the mining issues with corporations and government. The 3 implementing partners have been participating in District Development Coordinating Committee (DDCC) meetings in their districts. They have used the DDCC as advocacy and lobbying platforms on water pollution, implementation of mitigation plans (after mining phase) etc. Kenya (4): 6 CSOs have been trained by ActionAid Kenya on the Human Rights Based Approach and Organizational Development while linking them with national actors and actions. At the network level, AAK engagement with several CSOs enabled cross-learning from each other. In 2016, 4 CSOs have used their strengthened skills to lobby and advocate for more responsible corporate conduct, such as the implementation of an FPIC, stopping the expansion of the salt mining area, demanding government to conduct an Environmental Impact Assessment (EIA), including women in the management of group ranches, advocating for more respect of the rights of communities to determine their development pathway, observe FPIC, and conduct EIA. Zimbabwe (4): During the Manicaland Alternative Mining Indaba and the Zimbabwe Alternative Mining Indaba (ZAMI) there where breakaway sessions organized on business and human rights. During the sessions, as well as at local and national policy engagement platforms AA Zimbabwe together with other CSOs provided training on the United Nations Guiding Principles on Business and Human Rights as a means to ensure responsible corporate conduct especially in host communities. 4 community based groups in 4 FGG mining areas gained knowledge on business and human rights through these sessions. During the ZAMI the CSOs developed a declaration which they have since used for their advocacy activities. They have used this declaration and their enhanced knowledge to influence and assist the Environmental Management Agency in monitoring the Environmental Impact Assessments and reporting violations. One of the CBOs also lobbied the Ministry of Mines on the impact of mining and the forced relocations of communities in the mining areas.
Kenya (10): In the previous years, ActionAid held sessions with partners to reflect on their cases and develop localized campaign plans. Last year, feeding to Kilimanjaro Initiative, the partners were further built on how to develop clear demands. Utilizing this knowledge, this year three partners conducted a gender audit of group ranches. They then presented the findings of the audit in a forum calling for group ranches managements, National and County government officials, and selected representatives of the community. From this, the women vowed to storm the next AGM of the group ranches and demand inclusion and if they are not they petition the government to dissolve them. The group ranches resolved to enlist women as their members and support them to occupy leadership positions in the group ranches. (3) ActionAid supported and built the L&A capacity of 3 communities to develop and present memorandums during forums to get views and recommendations from the public called by the task force established by the government to develop regulations to guide renewal and extension of leases where their memorandums were discussed. (3) ActionAid led partner organisations and community groups to reflect on the community land law 2016. Using knowledge acquired from this process, one community stopped grabbing of their land by the area Chief who had secretly registered a group ranch and leased the land to a company for grazing. The communities quickly assembled, organized, assembled evidence and reported to the county commissioner (president representative in the county). The county commissioner got the community and the chief together and questioned about his action. The chief is now put to trial and the community land was not leased to the company. This is a result from communities knowing their land rights. (4) ActionAid strengthened the capacity of their partner to advocate about the human rights violations in the mining area by connecting them to the relevant media networks. Their partner used these media contacts to expose human and land rights violation by the mining companies. Verifying the content it was found that the CSR committee that was supposed to act as a bridge between the community and mining companies was hiding the truth from the companies. As a result the CSR committee was strengthened. Cambodia (5): ActionAid's partner supported communities (particularly women) to better understand their human rights and available grievance mechanisms to resolve issues. This led to three community advocating for resolving a land conflict, one community advocating towards the general public about the adverse impacts of a company on the local community, and one community advocating toward relevant stakeholders to be included in the process to resolve land related issues. Zimbabwe (3): The members of two Women’s Forums, 2 CBOs and male and female community members were trained by ActionAid partner organisation on the Environmental Impact Assessment (EIA) legal framework and EIA processes to ensure that men and women from the communities can effectively participate in decision making processes governing corporate accountability of mining companies in environmental management. Particular attention was paid to a balanced participation of men and women to ensure equal support and that both perspectives could be taken along in the advocacy activities. Also during the Manicaland Alternative Mining Indaba a specific session was organized by ActionAid and partner organisations to strengthen the knowledge of communities on ensuring corporate accountability through participating in the mining companies EIA processes and the importance of monitoring the mitigation measures outlined in the EIA report and EIA license. This resulted in the following lobby and advocacy activities: A CBO filed a litigation case against a mining company for mining within people’s homesteads, thus violating environmental rights of the affected families and the failure to produce an EIA report and license in accordance with the law. The litigation case is evidence of demanding responsible corporate conduct. (1) A CBO provided written submission on the failure by the EIA consultants hired by a mining company to conduct the EIA public consultation process in accordance with the law. (1) ActionAid and its partner supported 2 CBOs to write a petition to the Parliamentary Portfolio Committee on Mines and Energy to improve the consultation mechanism. (1) Zambia (9): ActionAid trained their partner CBO on lobby and advocacy and on how to develop a strategy to resolve the issues of relocation. ActionAid together with the CBO advocated for holding of a mining company accountable in compensating 3000+ households who are scheduled to be relocated. During a meeting with the Resettlement Director, the Director of the department expressed concern about who will compensate the displaced households and this is what necessitated the advocacy and lobbying with local government to compel the mining company to take up the compensation since they are responsible for the pollution. As it stands, the displaced households were given plots (residential) but the challenge is the government is not moving in to service the stands and it is affecting the process because the health is not coming in, education and other service providers are not moving in because the area is not serviced. The CBO went back to the Government and called for an all stakeholders meeting. One of the resolutions agreed was that the government was going to engage the company. Also they had agreed to mobilise resources through contributions and donations as well as make use of the Constituency Development Fund to service the stands. ActionAid together with the partner CBO held an interface meeting with the traditional leaders, local communities and the mining company. The CBO discussed with the company to reconsider their initial promises on resettlement. This has been after realization by the community that the mining company didn’t provide adequate information to the local people at the time of effecting relocations. The feeling also was that too much land was given without priority given to local people’s livelihood needs. Three mining affected communities were trained by ActionAid to understand the government decentralization process and how they can use these spaces to demand for progressive policies in the extractives sector. All of the communities engaged in lobby and advocacy towards government in planning, resources allocation and transparency and accountability. ActionAid did sensitization workshop of the African Mining Vision in 9 mining affected communities. With the AMV translated to the local language the communities identified the main issue they wanted to raise with their local government and toward the mining companies. Three communities discussed the AMV with local government, ZEMA and the mining companies. ActionAid mobilised 200 women from 10 different districts of Zambia as part of the Women’s assembly and a Women’s movement was formed with the focus on fighting for Women’s rights in mining communities but also to challenge policies around women access to and control over land. ActionAid supported women with mobilisation, linking them to the South African WAMUA for support in building a strong movement. The movement during the assembly launched a campaign on ‘challenging retrogressive policies and practices by government and mining companies in Zambia’. Further, during the women's assembly itself, we created a platform where women participants were able to have interface meetings with Ministry of Mines, ActionAid's partner CBO including ZEMA to surface the underlying causes of women marginalisation in decision making and challenge government ministries to become responsive. ActionAid also supported an interface meeting between a mining company and the women participants on issues relating to violation of women’s rights and the exclusion of women in decision making processes in the mining communities. After the Women's assembly again we supported them to engage duty bearers in their respective districts. The women were able to challenge the mining company on being insensitive to the needs and lack of responsiveness to their needs due to lack of consultation. The mining company committed itself to follow up with their community engagement units to ensure women participation in those spaces is guaranteed. (1) Bangladesh (31) ActionAid and 3 local FGG partners have strengthened their skills, knowledge and/or network contacts by being part of the FGG programme and have all actively lobbied and advocated for responsible corporate conduct over the year. In addition, AAB organized trainings for human rights defenders (HRDS) and as a result 3 HRD groups have been set up in 2017, including in both project areas. Moreover, in 2017, AAB has facilitated the setting up of 23 community-based people’s landrights groups from the communities affected by the projects, whose goal is to advocate with government and corporates to claim their rights, resolve grievances, and change laws and policies around land acquisition and resettlement (23). These community groups have also already started raising their voices in 2017 with governments and investors on landrights. Outside of our project areas AAB supported 2 other CSOs actively advocating on similar issues in the context of large scale investments (2). Uganda (7) AA Uganda’s local partner continued to receive support from AA Uganda. Together with these partners, AA has also been able to support community groups in strengthening their capacities to lobby and advocate for social justice. The community of evictees (1) has had their capacities in lobbying and demanding for their rights strengthened. They have been able to stand up and challenge government through the support and linkage with a local activists group) (1). These groups have together taken legal action against two companies that evicted them from their land in August 2016. Another community (1) and a local CBO (1) have been strengthened through regular support to their leaders in advocacy and organizing by ActionAid Uganda (AAU) and local partner. AAU has supported them in advocacy tactics while the local partner has trained them in non violent mechanisms of resisting land grabs. With strengthened capacities the two CBO’s have engaged their members of parliament, the district leadership, the local councils, the resident district commissioner, the chief administrative officer, and the district land board. The two CBO’s organised a meeting to bring these stakeholders together to discuss the land boundaries. The outcome of the meeting was that the boundary lines of the community were no longer included in the national park. Now they are waiting for the boundaries to be de-gazetted. Mozambique (19): Representatives of 15 women's associations were trained in Land Law (Law 19/97 of October 1) Investment-related Policies, and the Family Law (Law No. 10/2004 of 25 August) by ActionAid's partner. Due to this increased skills, the communities are now claiming their rights (15). The Investment Monitoring Committee (1) Members have stepped up their efforts to gather evidence of violations of community rights by investors. As a result of the trainings on Land Laws, Family Law and Investment Policies provided by AAMoz partners, they identified 8 cases of land conflicts and are following up on them by themselves, of which 1 is at the level of the District Administrator and 3 in the court. In addition, AA’s implementing partners have strengthened their capacities and carried out lobby and advocacy work as part of the programme (3) Netherlands (4) AA also provided input to ActionAid Uganda’s land research that helped them (AA Uganda) sharpen it further and we linked them more strongly to the Dutch embassy, providing information back and forth, when they were facing repression, and contributed to them being able to continue their work on corporate conduct and land (1). Following an international meeting, a joint AASA/AANL visit to project work of AA Bangladesh was organised. Different strategies on how to respect social and environmental norms were exchanged, both with communities and AA Bangladesh staff. We also shared knowledge on business&human rights (standards and instruments) with AA Bangladesh, that they are using in their strategizing and lobby (1). We actively contributed to the VGGT scorecard development and the first pilot, which have helped not only our capacity to analyse land and related policy, understand gaps and how to discuss them most effectively with government in Netherlands but also ActionAid Senegal, ActionAid the Gambia, Australia and the international secretariat based in Kenya – which used the final report in engagements at AU level that involved different AA offices and partners. We also presented in Arusha meeting our learnings with all FGG partners. (2)
Cambodia (6): ActionAid's partner organisation will support local communities, CBOs and CSOs to understand their human rights according to the UNGPs, OECD and VGGT and domestic complaint mechanisms. Zambia (1): ActionAid will support its partner organisation and the community to be compensated for the pollution of a mining company. Zimbabwe (5): ActionAid will organize a campaign and lead a documentation process of corporate conduct in the mining sector which will lead to lobby and advocate for responsible corporate conduct. By doing so, ActionAid will support partner organisations to effectively engage corporates for an amendment of the mines and minerals bill. The participation of these CSOs in national and regional policy platforms will also enrich their lobbying and advocacy work. Kenya (4): ActionAid will support partner organisations and HRDs to develop, maintain, implement risk plans and monitor threats and risks in their work, and create linkages for their protection with national and international institutions. The CSOs will also be supported to undertake periodic community and CSO–led Human Rights Audits on the practices of corporates and work with communities to seek justice. Besides, the CSOs will initiate and sustain media connections on topical issues relating corporate conduct, human rights violations, and propose best practices from other areas or countries. Uganda (7): ActionAid will strengthen capacity and provide support to CSOs and community groups to lobby and advocate against acquisition of their land without free, prior and informed consent. ActionAid will do so through trainings, providing material support, awareness raising and community mobilization. Bangladesh (5): ActionAid will work with 3 partner organisations and 2 CSO platforms to support them with training on lobby and advocacy and financial support to lobby and advocate for responsible conduct of key corporates. Mozambique (3) ActionAid will continue to support its key partner organisations and 1 platform to connect communities to investors and local government in relation to disputes around large scale investments ActionAid will provide financial support to these organisations as well as trainings. The organisations will support the communities to seek redress for their grievances, which include land grab and displacement. Netherlands (3) ActionAid Netherlands will work with a number of partner CSOs to mutually strengthen capacities to lobby for responsible corporate conduct: • In 2018 ActionAid will finalize a tax and extractives research which will be done with in cooperation with at least one of our Southern partners. As a result of this our partner will have a better insight in the relationship between Dutch policies and tax evasion practises by mining companies operating on their soil. We expect this will result in a better informed lobby on their part. • ActionAid Netherlands will continue to work with partners in the international land and natural resources platform, where FPIC is a key learning and advocacy agenda. As a result we expect to contribute to knowledge and strategizing on this for around 10 CSOs in LLMICs, of which a few will probably use this in lobby. (2) • We will also share our experiences with the VGGT scorecard and support other countries with this where needed. • In addition a joint research will be set- up with one Southern partner that examines risks in the mineral supply in order to improve awareness with policymakers and companies on the need for human rights due diligence in the mineral supply chain. We expect this research to result into improved knowledge about actors in the supply chains, that can be linked to human rights violations in their jurisdiction. This knowledge will feed into their advocacy activities. • Participation of ActionAid in the Netherlands in the ActionAid Africa Extractives Working Group will allow for mutual capacity building on trends in the extractives industries, and how different actors from different countries are linked to it. This knowledge will strengthen the advocacy work of the AEWG. • We will actively support the follow-up of Women2Kilimanjaro, including access to international fora for the women standing up for their land rights. • We will support FGG countries with research where needed, such as corporate cases (e.g. tracking financial/ international linkages) and participatory action research.
African Extractives Working Group (8): The different ActionAid offices involved in the African Extractives Working Group (AA Zimbabwe, AA Zambia, AA Kenya, AA Malawi, AA Uganda, AA DRC, AA Sierra Leone and AA Liberia) increased their skills, knowledge and networks through joint meetings, writing and presenting of policy papers, and workshops. As a result, they lobbied and advocated for responsible corporate conduct in their respective countries in a more strategic and cohesive way (8). Bangladesh (60): ActionAid Bangladesh worked with 3 partner CSOs (1 in each of the 2 project areas and 1 Dhaka based HRD CSO). As a result of this cooperation, the partner organisations were able to increase their skills, knowledge and networks by attending trainings and workshops, which enabled them to lobby and advocate for responsible corporate conduct on the local level (for example by submitting a memorandum to the District Commissioner for rehabilitation of displaced people), the national level (for instance by participating in a lobby meeting with the Law Commission of Bangladesh) and the international level (for example by submitting a six-point demand document to a high-level team from a foreign investor) (3). ActionAid Bangladesh supported 2 other CSOs that are working on online activism and campaigning (1 in Raishahi and 1 in Noakhili) by providing knowledge, skills development and training for participants from media which enabled them to build the capacity of campaigners. As a result, these 2 CSOs were better able to mobilize people online and to develop effective campaigning strategies (2). ActionAid Bangladesh and its partner organisations formed 46 Community Land Rights Groups (CLRGs). The Groups were trained by the partner organisations in for example relevant laws and advocacy methods. As a result of this, the CLRGs were able to effectively lobby and advocate to local governments for their land rights, their livelihoods and for corporate accountability, which they put in practice in for example lobby meetings with the local government. As a result of lobby and advocacy with local government, 62 CLRG members are now included in a social safety net programme (46). ActionAid Bangladesh and its partners facilitated the setting up of 4 People’s Commissions as Platforms for Social and Environmental Safeguard (PSES), 3 at regional level and 1 at national level. One of the partners organized a capacity building training, a visit to one of the affected areas and the writing of a fact finding report. As a result, the PSES were able to lobby and advocate for improved policies and instruments to corporates and government (4). ActionAid Bangladesh supported 5 significant land rights movements by providing training and skills development on for example advocacy. As a result of this support, the land rights movements lobbied and advocated against corporate development intervention and for improved laws and policies (5). Cambodia (7): With technical support from ActionAid Cambodia’s partner and financial support from ActionAid Cambodia, the local trainers provided 6 cascade trainings to 6 communities. Through these trainings, communities gain more knowledge regarding their legal rights, which they subsequently use to assert their rights and to mobilize to advocate with authorities (e.g. communities traveled to Phnom Penh to engage the ministries – see 1.E.a). And in the radio talk shows, community members are invited to talk about their problems and progress. Which is also a means for advocacy, because it gives them a voice (6). ActionAid Cambodia has provided a Land Law and Advocacy Training to the community representatives from 3 provinces who are subjected to land grabbing in their respective provinces. In the training, the villagers obtained a lot of knowledge in terms of land laws, mediation processes and domestic complaint mechanisms, which they subsequently used for e.g. filing complaints and in their roles as guest speakers on the radio talk show (1). Kenya (6): ActionAid Kenya built lobby and advocacy capacity of 6 partners through mutual capacity building approaches including knowledge development (training), and development/review of localized campaign strategies. These partners have demonstrated increased ability to undertake needs assessments for both their training requirements and their project implementation. The application of risk matrices has resulted – for the first time – in no reported arrests of HRDs, as they now know when to push and when to retreat, aided by their ability to map out any foreseeable risks, which is a process that facilitates ad-hoc responses to potential threats. In addition, partners have been able to work with communities in developing community aspirations into declarations, which they subsequently take to their leaders, who then initiate discussions with investors in search of a memorandum. This happened in the case of a mining company, that had to halt its operations because of non-compliance with the requirements formulated in the public memorandum (6). Mozambique (4): ActionAid Mozambique supported its key partner organisations at district level and at national level by providing trainings (for example on the Human Rights Based Approach), network contacts and financial support. As a result, the partner organisations were better able to assist communities in their lobby towards investors and local government in relation to disputes around large-scale agribusiness investments (3). ActionAid Mozambique’s partner supported the creation of a Civil Society Platform, composed of 30 organisations from the district. The aim of the platform is to promote responsible practices of companies in communities. The partner provided training to the member organisations on monitoring investments in the agricultural sector and on monitoring the Economic and Social Plan (PES) of the districts, enabling the organisations to lobby and advocate for more responsible corporate conduct (1). NL (2): During the ActionAid FGG annual meeting in Entebbe, ActionAid Netherlands provided a workshop on corporate accountability in supply chains. AA Zambia used the knowledge and skills gained in this workshop to look into advocacy options higher up in the corporate structure of the violating mining company and to support an international court case against the company (1). ActionAid Netherlands facilitated lobby visits from Southern colleagues (from ActionAid Kenya and ActionAid International) working on land rights and corporate conduct in order to establish dialogue between them and the Dutch Ministry of Foreign Affairs. Thorough preparation on key messaging and context, as well as of the dialogue itself contributed to their network, knowledge and skills to advocate for improved policy and continued Dutch support to land governance in Africa (1). Uganda (5): ActionAid Uganda and its partner have supported the community leaders in one of the project areas by mentoring and training in advocacy and nonviolent tactics for resisting land grabs, and have linked them with various embassies, missions, Office of the Speaker of Parliament and the Commission of Inquiry into Land. As a result, community activists in the region were able to advocate for their land rights with the Commission of Inquiry into Land where their case was registered, with the Speaker of Parliament, and they were able to convene meetings with embassies in Kampala (US, Denmark, EU working group on human rights) (1). ActionAid Uganda has provided platforms for a community lobby group to interface with the Office of the Prime Minister (OPM). As a result, the lobby group was able to take their matter to the OPM who designated a focal person from his office to handle the matter of degazetting their land from the park. In addition, the OPM has directed the Ministry of Lands Housing & Urban Development to conclude their findings on the demarcation exercise that was carried out in March 2018 and share the report with the community before the de-gazettement process begins (1). The people in one of the project areas have continued to receive guidance and legal counsel from ActionAid Uganda. As a result, their court case which had taken two years without being heard will be heard on the 19th of March 2019 (1). The Land Awareness Weeks in Mubende and Teso – which saw a close collaboration between ActionAid and its partners, and the Ministry of Lands, Housing & Urban Development – enabled community members to verify their land titles (including their Communal Land Association certificates) thanks to legal aid services from ActionAid Uganda’s partner, while the event also provided a platform for dialogue and widespread community awareness on land governance as well as for vulnerable groups to access guidance and legal counselling on land matters through mobile legal clinics. Grievances regarding titles and registration were handled on spot by the Ministry, and the events reached over 10,000 people through direct community interface and radio talk shows. As a result, land conflicts in two subregions were resolved without recourse to the courts of law, while the expanded knowledge increased communities’ legal bargaining positions and reduced tensions within communities (1). Eight community groups comprised of women, men and youth in two regions received training by ActionAid Uganda’s partner on the approach of nonviolent resistance and are now able to use this approach to protect their land from any form of land injustices such as land grabbing, forceful evictions. As a result, the residents of one community were able to petition the Speaker of Parliament, who then directed the Office of the Prime Minister to halt evictions until the issue of land owners was settled (1). Zambia (1): ActionAid Zambia’s partner supported a community with knowledge and network contacts, so that they could revive their pollution case against a mining company in an international court. The community won the case, but the company is reluctant to compensate. ActionAid Zambia further supported the community by engaging pro-bono human rights lawyers, who are continuing the litigation. The community continues to advocate for the mining company to respect their rights, building on the support of ActionAid Zambia and its partners (1). Zimbabwe (4): ActionAid Zimbabwe in collaboration with other stakeholders organized a Gender Symposium in Mutoko, convening Zimbabwean civil society organisations, mining companies, the Ministry of Mines and the Zimbabwe Environmental Management Agency to exchange views and engage on the inclusion of women in international policy frameworks and decision-making bodies. During this Symposium, women from four community-based groups gained knowledge and network contacts by participating in the discussions. Based on their increased knowledge, the women developed action points and a document detailing the way forward, which they have used since then for their advocacy activities (4).
ActionAid will strengthen the capacity of 49 CSOs and communities to lobby and advocate through ‘train the trainers’ programmes, trainings to build their knowledge on i.a. the UNGPs, UNFAO Voluntary Guidelines, land governance, tenure rights, and laws and policies protecting women’s rights. ActionAid will support CSOs and communities to lobby and advocate with this increased knowledge by developing joined strategies and action plans, and establish and support coalitions/networks that advocate for responsible corporate conduct.
African Extractives Working Group (16): • The eight ActionAid country offices involved in the African Extractives Working Group (AEWG) will increase their skills, knowledge and networks through joint meetings, writing of policy papers and other activities, enabling them to better lobby and advocate for responsible corporate conduct in their respective countries (8). • As a result of the AEWG’s support, the ActionAid offices in Uganda, Kenya and Zambia are supporting local partner organisations and local communities through trainings and networking to organize in social movements, following the model in South Africa. At least eight of these partner organisations and social movements will lobby and advocate for responsible corporate conduct and will hold mining companies accountable in their respective countries (8). Bangladesh (52): ActionAid Bangladesh will provide training on advocacy and lobbying regarding land and women's rights to its partner organizations YPSA and IRV, 48 community based groups and 2 Human Right groups. Consequently, these organizations will negotiate towards local and national governments, corporations and investors to protect their social and environmental rights (52). Cambodia (10): ActionAid Cambodia and its partner organisation will train at least 10 community and Land Rights activist groups which in 2019 will effectively lobby for responsible corporate conducts related to land rights and land acquisition. Through the facilitation of ActionAid Cambodia, its implementing partner and those groups, there will be an increased collaboration between communities versus corporate companies associated with land disputes and affecting human and environmental rights. They will jointly conduct exposure visits to the affected communities which strengthen the cases in grievance mediation work (10). Kenya (6): ActionAid Kenya will provide training and follow-up coaching for 6 partners on responsible corporate conduct, advocacy and lobbying. Through these activities, those partners will advocate, campaign and lobby to raise their voice to corporates affecting their land rights (6). Mozambique (3): In 2019, ActionAid Mozambique will continue to support its key partner organisations through trainings, knowledge exchange and networking to connect communities to investors and local government in relation to disputes around large-scale investments in the project areas. As a result of this support, the partners will assist communities in seeking redress for their grievances (3). Netherlands (12): • ActionAid Netherlands will continue its work with Southern partners on risks in mineral supply chains. This work will result in increased capacity on this topic for the Southern partners to lobby and advocate for better due diligence practices and improved corporate conduct in the mining sector. Examples include: o Support ActionAid Zimbabwe in research on foreign ownership information on the companies operating in the Mutoko areas to link their practices with their countries’ international obligations to enforce and push compliance regarding BHR issues (1). o Collaborate with ActionAid Kenya to scope details of salt mining companies (owners, directors, financiers, buyers, etc.) for advocacy and lobbying work (1). o Joint international advocacy with ActionAid Zambia on Mopani (Mufulira) relocation case (1). • ActionAid Netherlands will continue to work with CSOs in the international land and natural resources platform of ActionAid, where the VGGTs and FPIC are key to the learning and advocacy agenda. We will share our experiences with the analysis of land rights through the VGGT scorecard and support CSOs in other countries in using this tool. As a result we expect to contribute to increased knowledge and advocacy skills on VGGTs (and FPIC) in around 10 CSOs in LLMICs, of which at least 3 will actively use this in 2019 (3). • ActionAid NL will support ActionAid Cambodia in an international campaign focussing on the financiers of harmful rubber plantations to prevent and mitigate the environmental and social impacts. ActionAid NL will collaborate with ActionAid Cambodia to conduct research on improved investments and supply chain analysis. As a result of increased capacity, ActionAid Cambodia will be better able to lobby and advocate on this topic (1). • Through ActionAid Netherlands’ participation in ActionAid’s Global Women’s Rights campaign, to which one of our main contributions is to create an understanding of the role of corporate accountability and gendered due diligence in achieving women’s economic justice, we will build capacity of partners in countries engaged in this campaign on these topics and lobby for these topics through collaboration on campaign activities in the Netherlands (as through the campaign tour) and through sharing spaces as webinars. As a result, we expect that at least 5 of these partners will advocate at the UN level for a binding treaty and at national level for the support and implementation of the binding treaty (5). Uganda (18): Eighteen CSOs will be better able to advocate for and defend their land rights as a result of ActionAid Uganda and partners’ capacity building activities, including media trainings and exposure visits. Zambia (4): • ActionAid Zambia will strengthen the capacity of its three partner organisations on policy analysis, social accountability training, FPIC, Environmental Impact Assessments, EITI analysis and feminist and empowerment training. As a result, these partners will be better able to lobby and advocate for responsible corporate conduct (3). • ActionAid Zambia will go on an exchange visit to another ActionAid office to discuss issues related to displacement and relocation of mining communities, the role of HRDs and litigation. As a result, both ActionAid offices will have increased knowledge and skills on these topics and will use those in their lobby and advocacy activities (1). Zimbabwe (5): Five CSOs will lobby and advocate in 2019 for responsible corporate conduct of mining companies as a result of training and knowledge development activities of ActionAid Zimbabwe and its partner (5).
Bangladesh (84): ActionAid Bangladesh supported 3 partner CSOs (1 in each of the 2 project areas and 1 Dhaka based HRD CSO) with trainings and workshops on lobby and advocacy and by facilitating the building of networks. As a result of this cooperation, the partner organisations were able to increase their skills, knowledge and networks and were able to lobby and advocate for responsible corporate conduct on the local level (for example by submitting a memorandum to the District Commissioner for rehabilitation of displaced people), the national level (for instance by participating in a lobby meeting with the Law Commission of Bangladesh) and the international level (for example by submitting a six-points and a 15 points demand document to a high-level team from a foreign investor) (3). ActionAid Bangladesh supported 2 other CSOs that are working on labor rights, environmental safeguarding and business and human rights by providing knowledge, skills development and training for participants from labor, community and media which enabled them to build the capacity of bargaining and campaigners. As a result, these 2 CSOs were better able to mobilize workers on a mega coal power plant project and to develop effective campaigning and awareness strategies (2). ActionAid Bangladesh and its partner organisations facilitated the setting up of 69 Community Land Rights Groups (CLRGs) as part of FGG. 46 were set up in 2017-2018, 23 were set up in 2019. These groups were trained through 2 separate capacity building workshop/training and community level awareness workshop by the partner organisations in for example relevant laws and advocacy methods. As a result of this, the CLRGs were able to effectively lobby and advocate to local governments and administration for their land rights, their livelihoods and for corporate accountability, which they put in practice in for example lobby meetings with the local government and administration. As a result of lobby and advocacy with local government, 34 CLRG members received skill training from Department of Youth Development and 2 members received 2 sewing machine from local government office (69). ActionAid Bangladesh and its partners supported the setting up of 5 People’s Commissions including a new one in 2019. One operates at the national level and 4 work at local level. They organized 5 fact finding missions to as many affected areas, they prepared a fact finding report on people and environment, and the people’s commissions organized several press conferences at the local and national level, a people’s dialogue and public hearing. The People’s commissions mobilized other local and national level CSOs and were able to lobby and advocate for improved policies and instruments to corporations and the government (5). ActionAid Bangladesh supported 5 significant land rights movements by providing training and skills development on for example advocacy. As a result of this support, the land rights movements lobbied government and corporates for accountable government and corporations, against harmful corporate development interventions and for improved laws and policies (5). Cambodia (13): In May 2019, ActionAid Cambodia and partners have trained representatives of nine fishery communities on the Importance of Mangrove Forest and the possibilities for influencing corporate and government actors. Instruments for this that were treated in the training included elements of the United Nations Guiding Principles on Business and Human Rights (UNGPs), corporate social responsibility (CSR), Land Tenure, Land Dispute Resolution and Access to Remedy. As a result, the participants were able to better lobby and advocate to combat injustices concerning land, corporate abuse and related matters (9). In 2019, AAC’s partner, CCHR produced 6 radio talk shows. In these talk shows, four community members were invited to talk about their problems and progress. This is also a means for advocacy, because it gives them a voice (4). Kenya (21): ActionAid Kenya strengthened the capacity of the six implementing partners (Ujeri Uhumike CBO, Iloodokilani Women Network, Kamnarok Famers Association, Centre for Human Rights and Civic Education, Taita Taveta Human Rights Watch, Malindi Rights Forum) through exchange learning to a community that has successfully resisted land grabs. They applied the skills learnt from the exchange visit to rally solidarity behind HRDs who had been arrested (6). ActionAid Kenya built the capacity of 15 members of the coast land non-state actors on lobby and advocacy around policy formulation processes. Together with ActionAid Kenya, they continue mobilizing communities to engage with the process of revising the national land policy of 2009 whose timeframe lapsed in 2019. The purpose of this was to safeguard the gains made over the past period and to work towards easier implementation, taking lessons learnt into account (15). Mozambique (3): ActionAid Mozambique supported its partners NADEC, CODESA and ASCUT through trainings, knowledge exchange and networking. As a result, the partners connected communities to local governments and investors and lobbied for the resolution of land disputes on different levels (3). The Netherlands (6): Human rights defenders from three CSOs from Zambia and Guatemala advocated for responsible corporate conduct with a feminist lens at the binding treaty negotiations in Geneva and in meetings with policymakers in the Netherlands as a result of strategic and network support of ActionAid Netherlands (3). With financial support from ActionAid the Netherlands, representatives of 3 CSOs (ActionAid Bangladesh, ActionAid Zimbabwe and partner organization Zimbabwe Environmental Law Association) participated in a workshop on strategic litigation, organized by FGG in Amsterdam. As a result of this workshop, they are now investigating opportunities for holding companies accountable through climate-related litigation in their respective countries (3). Uganda (9): ActionAid Uganda and its partners have continued to support the development of lobby and advocacy capacities of the Kaweri people with training, advice, media work and funds. With the skills gained through receiving training and advice, they have managed to successfully speak up and seek justice from the Government for their land through different avenues i.e. court, media, advocacy and petitions. As a result on 13 December the Attorney General offered to compensate them fully for their land and properties lost in 2001 during the eviction (1). AAIU has supported the CSO formed by the evicted families of Kaweri by strengthening their capacity to participate in and conduct a court mediation process for the 401 families that were forcibly evicted by the Military (1). AAIU has provided a platform for the voices of the people of Apaa to be heard internationally by linking them to researchers and having their voices documented globally. https://actionaid.org/stories/2019/never-give-struggle-birthright) This international exposure created additional space for them to advocate their cause, also nationally. The Apaa community is involved in a long-standing conflict; they are under constant threat of eviction from their land and houses by violent means, to make way for wildlife parks and (suspected) mineral prospecting (1). ActionAid Uganda and its partners trained the community of Apaa on non-violent resistance to land grabbing. This training provided the community, which had been previously harassed, with much needed skills to claim what is rightfully theirs. As a result, they wrote a petition to the president, resisting eviction from their land without adequate compensation (1). The Land Awareness Weeks in Wakiso was organised in close collaboration between ActionAid Uganda and its partners, and the Ministry of Lands, Housing & Urban Development. It enabled community members to verify their land titles thanks to legal aid services from partner LASPNET, while the event also provided a platform for dialogue and widespread community awareness on land governance as well as for vulnerable groups to access guidance and legal counselling on land matters through mobile legal clinics. Grievances regarding titles and registration were handled on spot by the Ministry, and the events reached over 100,000 people through direct community interface and radio talk shows. As a result, land conflicts in Wakiso, which hosts most of Kampala’s workers, were resolved without recourse to the courts of law, while the expanded knowledge increased communities’ legal bargaining positions and reduced tensions within communities (1). ActionAid Uganda has supported the formation and organisation of 47 women of the National Land Defence League with money, training and advice. They advocate against land grabbing by companies or powerful private individuals. As a result of these training, these women are now equipped with lobby, advocacy and recruiting skills (1). ActionAid Uganda supported three communities (Apaa, Benet and Kijayo) in their knowledge exchange over two meetings regarding land rights defence. As a result, these three communities have learned from each other’s experiences and have seen, in turn, their capacities strengthened, which they put to use in their lobbying and advocacy work (3). Zambia (4): ActionAid Zambia strengthened the capacity of its three partner organisations through trainings, workshops and exchange visits. As a result, each of these organisations lobbied for better conduct by mining companies. For example, one partner lobbied to a mining company for better water services for the community. And another partner conducted social audits after a training by ActionAid, and used the results to lobby to the local government for better revenue tracking (3). ActionAid Zambia and its three partners went on an exchange visit to ActionAid Bangladesh and increased their knowledge on displacement and litigation activities. As a result, all organisations now use a number of new strategies in their engagements with other stakeholders, such as local government officials and mining corporations (1; the 3 partners are already counted in previous outcome under this indicator). Zimbabwe (5): ActionAid Zimbabwe’s partner ZELA organised a mobile human rights legal aid clinic in Mutoko with the Zimbabwe Human Rights Commission in Mutoko for members of the Mutoko Community Development Trust. The workshop included capacity building on access to remedy and holding duty bearers accountable. As a result of the workshop, the Mutoko North Community Development Trust advocated to their Member of Parliament and the Environmental Management Agency for proper environmental degradation remedy and environmental rights remedy (1). During the Provincial Alternative Mining Indaba in Manicaland, ActionAid Zimbabwe’s partner ZELA exchanged information on the status of the Mines and Minerals Amendment Bill with five CSOs (Marange Development Trust, Chiadzwa Community Development Trust, Mutoko Community Development Trust, Arda-Transau Resettlement Development Trust and Save Odzi Community Network Trust). Based on this information, the CSOs developed a declaration that they have since used to lobby to their local governments (4; the Mutoko Community Development Trust is already counted in another outcome under this indicator).
Bangladesh (83): Partner organisations YPSA, IRV and CLEAN will lobby and advocate for improved corporate conduct on the local and the national level as a result of training on lobby and advocacy strategies by ActionAid Bangladesh. For example, YPSA will publish a document on people’s struggles and will use this to lobby the responsible corporations (3). Six strategic partner organisations will use their increased knowledge to lobby and advocate for improved corporate conduct on the national and international level as a result of strategic communication and evidence sharing by ActionAid Bangladesh. For example, these organisations will advocate for better implementation of international standards in the project areas by submitting their demands to the government and discussing them with other Civil Society Organisations and in the media(6). ActionAid Bangladesh supports citizen-based organisations set up to hold governments and companies accountable. Five of these will lobby and advocate for responsible corporate conduct at the local and national level, as a result of financial and training support of ActionAid Bangladesh (5). 69 Community Land Rights Groups will lobby and advocate for responsible corporate conduct at the local and national level, as a result of financial and training support of ActionAid Bangladesh. For example, with the research skills and know-how gained in the training by ActionAid Bangladesh the Groups will produce periodic monitoring reports and factfinding reports that they will use in their lobby towards corporates and the government to ensure that the rights of people and the environment are protected. Also, some of the Groups will set up a media campaign (69). Cambodia (4): Two communities will be better able to advocate for responsible conduct of companies in their regions, as a result of the knowledge and skills that they acquired through trainings by ActionAid Cambodia and partner organisation CCHR. Some of the advocacy activities that they are expected to undertake in 2020 will include the submission of a petition, participating in radio talk shows, giving a press conference, file complaints, and organize protests (2). Land rights activists and communities will advocate for responsible corporate conduct and will file complaints through the land dispute resolution mechanisms, as a result of financial support from partner organisation CCHR via the Small Grants Fund and associated legal advice (2). Kenya (4): ActionAid Kenya will hold coaching sessions for TTHRW, MRF, CHRCE, and KFA on relevant skills required to advance their lobby and advocacy work. We anticipate through this coaching TTHRW, MRF, CHRCE, and KFA will increase their skills and knowledge on lobby and advocacy, eventually lobby, and advocate for responsible corporate conduct in their areas. One way they will do this is by human rights audits on corporate practices including a scorecard instrument that will be developed by ActionAid Kenya (4). Mozambique (14): Two partner organisations will train members of twelve smallholder farmers’ associations in two districts on lobby and advocacy strategies, and on budget tracking. As a result of these trainings, the associations will track local government budgets and will hold the government and local investors to account (12). A partner organisation will provide trainings on land laws and community rights to Monitoring Committees. The Committees will use their increased knowledge on this topics to better track the implementation of mechanisms for land dispute resolution and compliance with community consultation requirements (1). ActionAid Mozambique will strengthen the capacity of members of one of its partner organisations on land conflict mediation approaches through trainings on this topic. As a result, the partner will use these mediation approaches in their lobby and advocacy to the government and to companies to solve conflicts between communities and investors (1). Netherlands (9): Through ActionAid Netherlands’ participation in ActionAid’s Global Women’s Rights campaign, to which one of our main contributions is to create an understanding of the role of corporate accountability and gendered due diligence in achieving women’s economic justice, we will strengthen the capacity of partners in countries engaged in this campaign on these topics through collaboration on campaign activities in the Netherlands (as through the campaign tour), dissemination of materials and through sharing spaces as webinars. As a result, we expect that at least 5 of these partners will advocate at the UN level for a binding treaty and at national level for the support and implementation of the binding treaty, and for the implementation of the feminist economy as an alternative to current corporate accountability strategies (5). Two CSOs (or coalitions led by ActionAid Brazil and ActionAid Guatemala) in respectively Brazil and Guatemala shall lobby with financial and knowledge support of ActionAid the Netherlands for improved corporate accountability including community and women’s land rights and right to food (2). ActionAid Netherlands will continue its work with Southern partners on risks in mineral supply chains. This work will result in increased capacity on this topic for the Southern partners to lobby and advocate for better due diligence practices and improved corporate conduct in the mining sector. For example, ActionAid Netherlands will support AA DRC in in scaling up and strengthening their lobby and advocacy work led by women affected by mining towards government and corporates, by sharing its knowledge on lobby and advocacy strategies and through financial support (1). Due to the results of ActionAid South Africa mapping the human rights abuses linked to manganese mining for batteries (for renewable energy sources) used in the Netherlands amongst other countries, members of the African Extractives Working Group (AEWG) will strengthen their capacity and position on the realization of a ‘just transition’. At least one of the eight members of the AEWG is expected to use the results of the research for local lobby and advocacy towards government and companies purposes so that corporate conduct is improved in order to help realize a just transition in their respective countries (1). Roving Advisor (4): The Roving Advisor will train staff of four ActionAid offices (Zambia, Zimbabwe, Mozambique and Uganda) and their local partners on designing effective lobby and advocacy strategies related to corporate conduct. As a result, each of the four countries will set up a multimedia campaign to lobby their national and regional governmental bodies (4). Uganda (10): Twenty CSOs and cultural institutions will be in a better position to advocate for and defend their land rights as a result of AA Uganda and partners’ capacity building activities, including trainings on different aspects like advocacy, media engagement as well as learning exchanges and exposure visits. We expect that at least half of them will be able to show how they have used this in their L&A work (10). Zambia (4): ActionAid Zambia will strengthen the capacity of its three partner organizations on Free, Prior and Informed Consent, Environmental Impact Assessments, Extractive Industries Transparency Initiative analysis and dissemination, conducting environmental talks, leadership skills and feminist leadership training. As a result, the partners will be able to lobby and advocate for responsible corporate conduct (3). ActionAid Zambia will capacitate partners, media houses and freelance journalists on investigative journalism on mining related issues including human rights violations. As a result, the partners and media houses will be able to monitor operations of the mining companies that have a bearing on the environment and their livelihoods, which they will use in their lobby towards the companies and the government for improved policies on these topics (1). Zimbabwe (3): ActionAid Zimbabwe and partner ZELA will organize a National Conference on Corporate Accountability, focusing on Chinese investments in the extractives sector. During the conference, participants, including CSOs, will exchange information and knowledge on the standards of operation of Chinese mining companies. From the outcomes of the conference a publication will be developed and shared. At least three local CSOs will use their increased knowledge on the topic and the publication to lobby for better conduct of Chinese mining companies in their respective regions (3). Three CSOs will lobby and advocate for improved corporate conduct of mining companies in their regions, based on knowledge that they gained from an analysis shared with them by partner organisation ZELA on the finalized Mines and Minerals Amendment Bill (0).
African Extractives Working Group (3)
(3) The different ActionAid offices involved in the African Extractives Working Group (AA Zimbabwe, AA Zambia, AA Kenya, AA Malawi, AA Uganda, AA DRC, AA Sierra Leone and AA Liberia) increased their research skills, knowledge and networks regarding just transition. They worked together with experts within the AA federation and conducted interviews to increase knowledge on just transition at country level. Eventually, they produced a position paper on Just Transition in the extractives sector. The research skills have been enhanced since subjects had to be properly analysed with women and their communities, and networking capacity has been sharpened due to exposure to other platforms. This AEWG is financially supported by AA South Africa. AA Zimbabwe (1), AA Zambia (1) and AA Kenya (1) used this increased knowledge in lobby and advocacy towards their government officials.
Bangladesh (100)
A total number of 100 community based groups, People’s Committees, Community Platforms, rights groups, rights networks, CBOs, but also media groups, nationally operating civil society platforms, NGOs and INGOs were supported as part of FGG-II in Bangladesh in 2020.
ActionAid Bangladesh structurally supported two NGOs as implementing partners through joint strategizing, trainings and grants; AAB and partners supported local people’s committees in the project areas including through joint strategizing, support in community organizing, organizational development, leadership, training on rights and lobby and advocacy skills. All the other local and national level CSOs, NGOs and networks strengthened their capacities and immediately used these as they participated in a wide range of advocacy events, workshops and webinars as quoted under the various FGG 2020 Bangladesh results under outcomes 1C, 1D, 1E and 1F.
Cambodia (4)
(2) After years of community action, advocacy work and support to affected people, coordinated by AA Cambodia (1), a community (1) advocated, after receiving legal advice by AA Cambodia, through the National Authority for Land Depute Resolution (NALDR) for resolving a long-standing land dispute. They have sent a community intervention letter to request speeding up the process. The NALDR could not resolve this issue yet, due to COVID-19.
(1) Based on AA Cambodia’s legal advice and small grants, 5 families of a community, won their court case against an agriculture company about intimidation and coercion into a land contract. The families already filed a complaint in 2013. According to the decision of the Provincial Court of First Instance and the Court of Appeal the contract was valid, but on the 14 February 2020, the Supreme Court ruled to nullify this contract. This decision of the Supreme Court was publicly issued on 9 March 2020, ending the legal struggle of the community (five plaintiffs) as they had won the case.
A representative of a land community, Pursat province received legal advice and support from CCHR and AA Cambodia. As a result they submitted the community intervention letter to the National Authority for Land Depute Resolution (NALDR) requesting to speed up the resolution for their land dispute with a Chinese developer.
(1) A representative of a land community in, Koh Kong province, for 200 families(1) received legal advice and support from CCHR and AA Cambodia. As a result they submitted an intervention letter to Ministry of Land Management to help accelerate a possible resolution for their long running land dispute between their community and a sugar plantation and sugar company.
Kenya (32)
(4) AAIK and four of its long term partners (4) held participatory review and reflection meetings, to strengthen all strategic processes in 2020. They had their capacities, such as negotiation skills and drafting petitions, enhanced and strengthened in various advocacy areas. This platform also offered them an opportunity to learn from each other. These four partners have implemented their strengthened capacities in various ways, two partners drafted petitions with communities in response of land and environmental abuses and submitted this to the responsible companies. One partner was invited for a meeting with government after media attention after human-wildlife conflict and violations. And two partners organized forums with communities to collect aspirations of mining affected communities and organized meetings with relevant ministries to discuss these.
(2) Members of a coastal land network (1) interacted with three of AAIK’s strategic partners (1) in various forums in which they passed strategies of engaging duty bearers and corporates individually. During the development of a rapid response guide, the network members, gained a better opportunity to learn and share experiences across the 3 counties and project sites. These strengthened capacities are used for ongoing lobby and advocacy efforts within the FGG programme.
(7) In three regions in Kenya, three partners of AAIK held 8 forums with mining affected communities, reaching 738 people where they popularized the aspirations of mining affected communities (7). The meetings further updated the aspirations. The communities have used these outcomes in lobby to the relevant ministries in the counties in round table meetings. As a result, one of the counties fast-tracked completion of county climate change fund policy.
In a region, AAIK’s implementing and financial partner held four community forums, attended by mining affected communities to prepare a joint petition. Together they submitted the petition to two companies on public disclosure of their respective environmental impact assessment.
(3) In Mombasa, a financial partner of AAIK, partnered with an environmental organization to train two CBOs (2) on various environmental and social lenses and provisions of the Environmental Management and Coordination Act 2009. After this training, one CBO mobilized all involved CBOs in the region and a citizens forum CBOs (1) to approach the management of the dumpsite on proper management. The dumpsite has been an environmental and health hazard to the residents of the region for many years. This has been a result of a training organized by the CBO to exchange knowledge and expertise on how to conduct needs assessments and lobbying.
(2) AAIK’s strategic and financial partner, a women’s only movement (1) and a CSO (1) jointly strategized and documented and exposed violations being subjected to ten women and four men who are at risk of losing their lands through a compulsory acquisition process that is not in conformity with the set guidelines. Together with these women and men, they developed a multi-dimensional road map to pursue litigation and engagements with National Land Commission on Alternative Dispute Resolution whereby, with NLC and the county commissioner on grounds of historical injustices.
(4) AAIK financially and strategically supported its partners two to support CSOs and HRDs to develop, maintain and implement risk plans and monitor threats and risks in their work, and to establish relations with national and international institutions to increase the safety of these CSOs and HRDs. One partner organized several (refresher) sessions on protection for HRDs. During these sessions, a group of 20 HRDs joined the membership of a human rights defenders coalition (1). They have also organized a women HRDs forum, with another coalition of women HRDs (1), to take stock of the feminists’ achievements while looking at the risks they face as young women, mothers and spouses in the fight of ending marginalization and exclusion. In another region, a partner(1), collaborated with the a social justice centre (1) to map risks and violations that they face in the county. They agreed to continue their collaboration to address social justice issues, especially on land and harvesting of wind energy in the area. In a meeting, they brought these risks and violations to the attention the representatives of the County Government, National Land Commission and the National Environment Management Authority.
In Marereni, a strategic and financial partner of AAIK supported a community of 2,400 people to stop grabbing of 779.5 acres of land they have lived on and farmed for generations. A salt mining company was grabbing this land. The partner had trained a group of 20 trainers of trainers (ToTs) on how to capture land violations data and disseminate this information without exposing themselves. The ToTs became instrumental in documenting the destruction by the mining company and this documentation in turn is key in advocacy for justice: the pictures are being used by a forest company as part of their evidence at the Court. The County Government is currently working with our partner and the community to identify the number of households and residents living and working on the land as the company had indicated that there are no people on the land.
(3) AAIK organized various (virtual) strategizing sessions with five partners (3). They strategized next steps for the Public Interest Litigation case petition which they later filed in court seeking redress on land and environmental abuses by the salt firms. Further, one of these partners held 4 community meetings to familiarize them with the petition and sustain unity. Due to Covid-19 the ruling has been postponed.
(3) Four of AAIK’s implementing, strategic and financial partners organized trainings and workshops for women of several communities to develop a training manual on women’s rights to land and the land sector gender policy, and to review of the National Land Policy. One of AAIK’s partners organized two forums with women to jointly formulate appropriate steps to change cultural and traditional practices to influence historical patterns through law reforms and policy formation. This was used as input for the training manual. Another partner held two meetings with women from one region who proposed to simplify the rather technical training manual. Another partner, held one meeting with women (1) to discuss the training manual, and yet another partner, held two meetings with women of two other regions(1) for the same purpose. All these meetings contributed to the knowledge and expertise of the involved partners, which they in turn used to promote the training manual at a multi-stakeholder platform involving the local government.
(1) In a region, AAIK’s implementing and strategic partner held 2 forums with young mothers on women’s land and property rights to raise the interest of especially young women to join the women’s movement (1) with affiliate members of the partner towards elimination of violence against women in the land sector. From the forums, 53 young women joined the movement injecting new energy and guaranteeing intergenerational viability. This movement advocated towards corporations to protect community land in times of investments.
(1) In another region, a implementing and strategic partner of AAIK, held 2 meetings with women and young people on women inclusion in land governance structures, joint titling and an increment of male champions on women rights to land. During these forums, a women only CBO (1) was registered with the guidance of our partner. Now, this CBO advocates for women rights including rights to own land in Mui Basin.
(1) In a region, AAIK’s implementing and strategic partner held 2 meetings with 80 young people, and invited 3 known community land activists for inspiration and encouragement towards formation of a strong women land movement. In these meetings they strengthened capacities of activism and land rights. A team (1) was formed of 6 young people from the community to constantly engage the County Assembly and local legislators on the protection of their land.
(1) Three of AAIK’s implementing and strategic partners reached a group of 300 women (1) during the dissemination of the women rights to land training manual. Currently, this manual is the basis for those working on women land rights, to gain a wider perspective and in-depth analysis on why it is important for women to own land and use this in their lobby and advocacy efforts.
Mozambique (3)
(3) ActionAid Mozambique (1) with its two strategic and implementing partners (2) trained 21 small holder farmers associations, in lobby and advocacy strategies. The two organizations have trained small holder farmers on Social Accountability and Monitoring using Community score Card. As result of these trainings, these associations are lobbying with local investors for implementation of social responsibility standards in the communities and the communities are holding the local investor to account during the local council meetings, and during consultation meetings. One partner provided trainings to local platforms on tracking the situation of cases of land dispute in Lugela, and to reduce land grab. The partner strengthened the capacities of representatives of 15 small holder farmers associations in land and investment laws in a training which aimed to improve their knowledge an advocacy skills. As a result, now these associations are lobbying and advocating with local government for inclusion of contracts with investors to legalize the relationship between communities and companies.
The other partner trained members of 6 small holder farmer associations on lobby and advocacy. These small holder farmers associations advocated with local government and local investor and recovered 20 Hectares of land grabbed by an investor ten years ago.
Netherlands (7)
(4) ActionAid Bangladesh (1), Guatemala (1), Nigeria (1), Zimbabwe, South Africa, and Malawi (1) participated in the UN treaty negotiations and engaged with their governments and civil society about the ActionAid recommendations, as a result of number of webinars and materials ActionAid Netherlands prepared together with ActionAid International.
ActionAid Guatemala and AANL conducted a research on Guatemalan Palm Oil and strategized together for L&A. They lobbied together for improved corporate accountability, including for women’s land rights and the right to food, in both Guatemala and the Netherlands. This joint effort increased AANL’s contextual knowledge with regard to Dutch involvement in the palm oil sector and increased ActionAid Guatemala’s support network.
Together with AA Brazil and AA USA we have worked on their campaign targeting TIAA (US teachers Pension fund) investments, which also includes Dutch funding (from ABP: Dutch civil servants pension fund). Together we have participated in campaign stakeholder meetings.
(3) Capacity building, planning sessions, advisory meetings and joint projects held with 350.org, COP26 Coalition, Friends of the Earth International, Corporate Accountability, Demand Climate Justice (1), Third World Network (1) and Asian People’s Movement on Debt and Development (1) have resulted in all of these organisations/ networks taking on new positions, developing materials, and undertaking advocacy to challenge corporations that have weak “Net Zero” climate targets and greenwashing. Results (new materials) based on ActionAid’s input.
Uganda (39)
Thirty nine CSOs, cultural institutions and community groups have advocated for and defended land rights and human rights with strengthened skills and capacities as a result of AA Uganda and partners’ capacity building activities, including trainings on advocacy, media engagement as well as learning exchanges and exposure visits.
These organisations include women’s groups, human rights groups, CBOs, national level NGOs, Uganda offices of INGOs, civil society networks and alliances. In addition, AA Uganda worked with 9 local community groups in various parts of Uganda.
Phillippines (1)
In the Phillippines, the NGO forum on ADB (Asian Development Bank) was a strategic partner of the ActionAid FGG programme in 2020 in campaigning for reforms of ADB policies and practices related to the negative social and environmental impacts of large scale investments in coal power plants in the region.
Zambia (4)
(3) ActionAid Zambia strengthened the capacities of its three partners on FPIC and Environmental Impact Assessment (EIA) processes. As a result, the three partners, together with communities, collected evidence and lobbied towards local governments. For example, in one of the regions, community members had a meeting with the District Administration on why the EIA is not shared with them.
(1) ActionAid Zambia trained partners and media houses on investigative journalism in the extractives sector. As a result, the journalists and media houses formed a group called Media Watch to monitor developments in the mining sector. They linked up with women’s movements in the communities where the FGG project is active and together they advocated towards local authorities for improved regulation of mining companies to prevent human rights violations.
Zimbabwe (3)
(1) The Save Odzi community network (SOCNET) increased its advocacy and lobbying techniques as a result of engagements with partner organization ZELA, with financial and strategic support from ActionAid Zimbabwe. With their increased knowledge on the topic and with support from ZELA, they filed a litigation case against the Ministry of Mines and Mining Development and the Ministry of Finance and Economic Development regarding a joint venture agreement between a government-owned mining company and a private mining company known for its violations of human rights and the environment.
(1) As a result of a petition writing workshop organized by partner ZELA, with financial and strategic support from ActionAid Zimbabwe, human rights defenders and paralegals from the Arda Transau community filed a successful petition to the local authorities to restore the water supply. Without adequate water supply, communities need to rely on water from a river contaminated by waste from nearby mining companies.
(1) As a result of training on laws and regulations in the mining sector by partner ZELA, with financial and strategic support from ActionAid Zimbabwe, women’s forums in Marange lobbied for improved corporate social responsibility initiatives of the Zimbabwe Consolidated Diamond Company, which led to the company setting up a sewing factory which women are benefiting from to date.
Outcome A: Enabling Environment
Both the rights and the legal and political spaces needed to claim and defend those rights are protected for people, communities and civil society actors, enabling them to address misconduct and grievances successfully, and promote improved corporate conduct and related governmental regulation.
-
1.A.a
# mechanisms put in place or improved by governments that guarantee access for civil society to democratic decision making processes related to corporate conduct, including the right to resist developments.
All baselines are set at 0
AA NL (1): In the Dutch CSR covenants processes AA NL, together with the MVO platform, has successfully improved 1 government mechanism (covenants), by successfully promoting inclusion of additional civil society representatives and additional funding allocation . E.g. AA NL has been emphasizing the need for including NGOs in the implementation of the coal sector agreement, which has led to a closer coordination between energy companies and NGOs on proposed actions. Zimbabwe (1): ActionAid's Zimbabwe's partners provided expert advice to the Parliamentary Portfolio Committee on Mines and Energy on the gazetted Mines and Minerals Amendment Bill. This was to ensure that they could understand effectively the legal provisions in order to effectively carry out their law-making and oversight roles. As required by the Constitution that the public should be provided with scope to influence legal and policy making, the Parliamentary Portfolio Committee on Mines and Energy facilitated public hearings on the Mines Bill on 19th -24th September. As a result of pressure and advice from partner organizations these meetings were also opened up for CSOs to participate in. Zambia (2):1. AA Zambia has influenced the decentralization of government structures so that civil society has more access to government platforms and can better influence government to hold corporations accountable. AA Zambia influenced the District Development Coordinating Committee (DDCC) to acknowledge ActionAid’s partners so that they can have a seat at the DDCC. In 2016, all the 3 implementing partners have been attending DDCC meetings in their respective districts. They have used the DDCC as advocacy and lobbying platforms on water pollution, implementation of mitigation plans (after mining phase) etc. 2. Through the engagement with the local government, the Zambia Environmental Management Agency (national and provincial) and the Ministry of Mines, AAZambia reinforced the need for community engagement in decision making. Specifically, ZEMA and the local government have committed to strengthening engagement with local communities and providing for feedback mechanisms on water pollution, resettlement issues. Mozambique (2): 1. AA Mozambique engaged with the Mozambican parliament, CSO partners and the Ministry of Agriculture and Food Security about the LASAN (Law of Agriculture, Food Security and Nutrition). AA Mozambique has put pressure on the ministry of agriculture during the meetings they had with them to provide space for CSOs to give input on the LASAN. This was successful and the ministry of agriculture has provided space for CSOs who gave input on the LASAN. 2. The Local Consultative Councils (CCL) and District Consultative Councils (CCD) platforms were established by government years ago in which communities could discuss (land related) issues and possible solutions with local and district leaders. However, the CCLs and CCDs had been inactive ever since. Because of pressure from AA Mozambique the government has improved the implementation of these councils and started organizing these meetings in 2016. Furthermore, with support from AA Mozambique the participation of women in these platforms has increased with more than 100%. Kenya (1): The police and provincial administration have been influenced by wealthy individuals/ institutions including investors to harass people resisting land grabs. AA Kenya trained police and provincial administration on Chapter IV of CoK (Bill of Rights). AA Kenya has built the knowledge of law enforcers on the Bill of Rights so that they will no longer violate the rights of people resisting land grabs when performing their duties. This opens up the space for people to defend their rights and hold companies and government accountable without being threatened by law enforcers. Thus, the implementation of the mechanism the Chapter IV of CoK (Bill of Rights) is improved with the result that civil society has safer access to influence democratic decision making processes related to corporate conduct.
Kenya (1): CSOs platform to inform Kenya country mining vision. Kenya as a country is currently developing its mining vision and CSOs had been left out. ActionAid and other network members at the national level lobbied for space for CSOs to participate in the discussions around the development of the country mining vision. This was granted and as a result ActionAid is alternate member to the multi-stakeholders Technical Working Group representing views of the CSOs to the group. Zimbabwe (1): ActionAid and its partner organisation supported community groups to write a petition to the Parliamentary Portfolio Committee on Mines and Energy to improve the government’s consultation mechanism. The communities requested the government to start organizing the consultations at community level to ensure that communities have access to this process. Resulting from the petition, the consultation mechanism has been improved by the government as the meetings are now held at local level throughout the country instead of organizing them merely in the capital city Harare. This opens up the space for communities to participate in these meetings. Zambia (3): Government has launched the 7th National Development Plan which is a tool that enhances local participation in decision making. This is built up on strengthening devolution of powers by government to allow for local level participation in planning and decision making. ActionAid at national level participated in the review of the 6th NDP and specifically made submission on creating spaces for local level participation. At local level, the 3 CSOs through the District Development Coordinating Committee (DDCC) advocated for an improved document that gives more powers to locals. In addition, the Ward Development Committees (WDCs) in two Districts have been established by government and ActionAid strengthened these structures by building their capacities on understanding human rights as well as holding interface meetings between duty bearers and rights holders. (1) The validation of the Extractive Industries Transparency Initiative (EITI) is another formalized platform which provides for transparency and accountability in the extractives sector. ActionAid and other partners in the extractives sector have been participating in reviewing the EITI reports and providing recommendations for improvement to ensure Zambia is upholding the principles of transparency and accountability in the extractives around resource allocation and responsiveness to local needs as set by global EITI group. Recommendations that were taken up in the EITI system were how to engage women in social and environmental impact assessments, how communities can benefit mining activities, monitoring mechanism to ensure there is transparency in mines reports on their production and profits. The Zambian EITI system was validated in October, 2017 and this means the space is now more strengthened to provide oversight to government in the management of affairs in the extractives.(1) ActionAid trained local people to understand the government decentralization and how they can use these spaces to demand for progressive policies in the extractives sector. ActionAid also engaged with local governments in the mining districts (as part of its decentralization) to facilitate the development of indicators to give space to local people to participate in decision making at local level through Ward Development Committees. This advocacy work was positively responded to by government integrating it in the latest 7th National Development Plan. Local communities developed indicators to keep track of the progress of the decentralization. The local council are now using these indicators to engage communities in the process. (1) Mozambique (1) At district level, ActionAid and local partners revitalized the local and district consultative councils (CCLs and CCDs) in ActionAid's intervention areas by promoting women’s participation in those decision making fora, where all issues related to land grabbing, family law, investment law, including infrastructure, health and education are discussed. More than 30% of the members of the CCDs are women. These results were achieved due to various meetings held to plan the process of revitalization of the CCLs, to present the Strategic Development Plan of the government for the District (2016-2025), to revitalize the CCLs bodies and to review the lists of interest groups.
Zambia (2): ActionAid will engage with government to include the Zambia Environmental Management Agency (ZEMA) in the platform committee. In these platform committees, local CBO's and government meet each other and discuss issues related to mining. Their presence in this platform will enable civil society to voice their grievances to the Zambia Environmental Management Agency. The 3 partner organisations and community groups will engage with ministry of lands and traditional leaders to adopt guidelines for land administration that includes that local people need to give consent for resettlement. Zimbabwe (1): ActionAid in collaboration with the Ministry of Women Affairs, Gender and Community Development will organize a gender and extractives symposium convening Civil Society organizations in Zimbabwe, mining companies, Ministry of mines and the Environmental Management Agency to exchange views and engage on integration of international policy frameworks such as the Africa Mining Vision and their benefit for women in and out of the mining sector. This meeting was held last year and will be organized this year again. This is counted this year because now it has become a reoccurring meeting and therefore a mechanisms and not a one-off-meeting. Kenya(2): ActionAid will support the development of county and national policy visions on extractives that include community views and propositions basing on African Mining Vision as the starting point. Kenya is already developing its Kenya Country Mining Vision where ActionAid is an alternate member of the Technical Working Group (multi-stakeholders) that is supporting in development of the Kenya Country Mining Vision. ActionAid together with partner organisations will hold forums for rural women, local communities and County Government on the need and relevance of a localized Mining Vision in the counties. We anticipate that 2 county governments where this project is implemented will put in place policy visions on extractives which provides a framework for key players in the sector to make democratic decisions. As a result, CSOs will gain access to democratic decision making process related to corporate conduct. Uganda (1): It is expected that as a result of ActionAid Uganda's work with the Ministry of Housing, Lands and Urban Development, this Ministry will structurally start engaging local communities for consultation and dialogue in the event of acquisition of land for infrastructural development. Netherlands (2): ActionAid will continue to actively support, participate in and lobby for continuation and improvement of existing mechanisms under the new Dutch government, such as the multi-stakeholder dialogue on land and the Land Forum (LandAc), the various sector agreement negotiations and dialogue between CSOs (particularly OECD watch) and the National Contact Point. AA also actively supports the continuation and improvement of the Gender Meerpartijen Initiatief of Dutch Parliament that is a space for dialogue between parliamentarians, CSOs and others on gender and women’s rights. (1) ActionAid will continue to lobby for an active role of the Dutch government and embassies to ensure improved civil society access to democratic decision-making in partner countries, by emphasizing the need for including and upholding impact assessments that include the voices of civil society and the affected people and consent procedures (including FPIC) in the event of investments, as well as the importance of ensuring women are at the table for important policy and investment dialogues (1). We will also support HRDs and ensure public debate on the importance of political space for CSOs through Dutch/EU embassy engagement in partner countries, as well as events and advocacy in the Netherlands. This might not lead to a direct mechanism but is a crucial long-term engagement to preserve foundation for civic space. [We expect at least 2 of these strategies to result in new mechanisms put in place or – more likely – existing one to be improved.]
Bangladesh (0): The current political context in Bangladesh is not favourable to put in place these types of mechanisms. Despite this, ActionAid Bangladesh organized a lobby meeting with the Law Commission of Bangladesh, land and law experts, CSOs and representatives from affected communities on the improvement of the ‘Acquisition and Requisition of Immovable Property Act 2017’, and other laws related to land. Apart from this meeting, ActionAid Bangladesh and partners built the capacity of the People’s Commissions, active agencies, citizens, CSOs and HRDs through training and workshops to create public pressure on the issues. We anticipate that these activities could contribute to an improved mechanism by 2020 (0). Cambodia (0): ActionAid Cambodia’s partner issued the factsheet “Cambodia’s Special Economic Zone and Human Rights” in October 2018. The publication served as an awareness raising tool, bringing information concerning the obligation of the Royal Government of Cambodia and corporate enterprises in respecting human rights and fundamental freedoms. In reaction to this factsheet, a Cambodian Government’s spokesman said that SEZs were created by private companies or joint venture and so were not under the supervision of the government; therefore, such establishment came under the agreement between the local people and companies. The spokesman however added that as a requirement, such companies must conduct impact assessment and report to government before starting operations. He further defended the rights given to workers by the government to discuss conditions with the companies. Although it appears to have fueled some sort of public discussion around the assertion of workers’ rights and labour conditions, we cannot report this here as an outcome. Kenya (0): Development of policy visions at county and national levels was not completed even though the process was initiated. For that reason, we place the outcome at zero. However, initial steps towards development of the visions have seen CSOs gain access to democratic decision-making processes related to corporate conduct. Example: communities in one project area successfully pushed for a public participation memorandum between the community and a mining company, outlining critical short-term and long-term issues that the company should address e.g. safety of workers, insurance cover for workers, workers to join trade unions, signing of community development agreements, environmental impact assessments (0). NL (1): ActionAid Netherlands, together with other CSOs, has been successful in influencing the contents of the new Land@Scale programme of the Ministry of Foreign Affairs for land governance, among others through our VGGT scorecard analysis of the Dutch government and the results from a Dutch funded land rights in Africa programme. As a result, the Land@Scale programme design includes explicit provisions to raise support for community and women’s land rights, will be accessible to civil society organisations and is based on VGGT principles, including FPIC. The programme will be launched by the Ministry of Foreign Affairs early 2019 (1). ActionAid Netherlands continued to push for access for civil society in decisionmaking in the Multi-Stakeholder Dialogue on Land, the Land forum and during sector agreement negotiations, hereby calling on the different parties to assure principles around Free, Prior and Informed Consent (FPIC) in their investment/supply chain. This has not yet resulted in improved mechanisms (0). Uganda (1): Over the years, ActionAid Uganda and partners have engaged the Ministry of Lands, Housing & Urban Development in different platforms to conduct consultations with local communities and CSOs on land reforms to ensure that they are pro-poor and facilitate land tenure security. The Land Awareness Weeks in Soroti (February 2018) and Mubende (June 2018) are examples of such platforms. As a result, the Ministry of Lands, Housing & Urban Development has developed a draft Land Acquisition Bill and has put in place a joint consultative meeting with CSOs to ensure voices of local people are heard and taken into account. Although not mandatory, the government has made such meetings part of their wider process, therewith enabling structural CSO participation in the Land Acquisition Bill and the Land Acquisition, Rehabilitation, Resettlement and Relocation Policy (1). Zambia (5): During the Zambia Alternative Mining Indaba, ActionAid Zambia, together with various other stakeholders including civil society organisations, lobbied to the Ministry of Mines, the Ministry of Environment and the Zambia Environmental Management Agency (ZEMA) to include ZEMA in national, provincial and local engagement platforms. As a result, ZEMA is now required to attend these meetings on all levels and give updates on various concerns and activities. This enables civil society to engage with ZEMA directly (1). ActionAid Zambia engaged with local authorities to ensure better access for CSOs to Ward Development Committees and District Development Coordination Committee meetings. At the same time, they strengthened the capacity of 3 local partners on deepening community engagement to enhance advocacy and participation, especially of women, in key decision-making processes. As a result of these actions, local authorities are now actively inviting CSOs to the meetings to create a more enabling environment, and CSOs are better able to meaningfully engage (1). As a result of engagements with CSOs, among which ActionAid Zambia’s partner organisations, during Ward and District Development meetings, the Government through the District Commissioner’s Office and the local authorities has introduced an open-door policy. This policy means that CSOs and communities can contact local authorities at any time with pressing issues, and do not have to wait anymore until official meetings. This has for example helped one of the partners and the community members to access first-hand information from relevant authorities on issues that are affecting mining communities in one of the project areas (1). ActionAid Zambia’s partners engaged with local authorities, traditional leaders and mining companies to give priority to women when resettlement is being implemented. As a result of these engagements, women are now consulted at every level and their committees are invited to attend Land Meetings at the Ward and District level, meaning that their concerns can be taken into consideration there (1). ActionAid Zambia built the capacity of its three partner organisations and the local authorities of the three project areas on all aspects of the social audit process. As a result, two of the local authorities created a platform for social audits and interface meetings where various stakeholders, both from the supply and demand side, come together and review the quality of service provision from companies to the companies. The Ward Development Committees, as an arm of the local authorities, are now engaging the communities periodically in the social audit process and interface meetings (1). Zimbabwe (1): For the second year in a row, ActionAid Zimbabwe in collaboration with the Ministry of Women Affairs, Gender and Community Development organized a Gender Symposium in Mutoko, convening Zimbabwean civil society organisations, mining companies, the Ministry of Mines and the Zimbabwe Environmental Management Agency to exchange views and engage on the inclusion of women in international policy frameworks and decision-making bodies. This Symposium offered civil society groups, among which women from community-based groups, the opportunity to engage with decision-makers and mining companies to advocate for improved corporate conduct. As this Symposium is now an annual event organized by ActionAid and the Ministry of Women Affairs, Gender and Community Development, it offers a structural mechanism that guarantees access to decision-making processes for civil society (1).
ActionAid and its partner organizations will influence governments at district and national level to create space and improve avenues for civil society (organizations) by organizing 5 platforms for community meetings and public hearings in which civil society (organizations) can contribute to relevant land, food and mines and minerals legislation. Further, through the engagement of ActionAid and civil society in these spaces they will influence governments to adopt/adapt 2 mechanisms, such as FPIC and relevant policies, that guarantee civil society access to democratic decision making processes in the future.
Cambodia (3): Multi Stakeholder Committees (MSC) at national, provincial and district level (3) will continue to be improved in terms of enabling CSOs to influence decision-making processes regarding corporate conduct of government and companies that violate land rights (land grabbing, land pollution e.g.) in 2019. The legal government bodies involved are: the Ministry of Land Management, Urban Planning and Construction, the Ministry of Environment, the Ministry of Agriculture, Fisheries and Forestry, the Ministry of Commerce and the Council for Development of Cambodia (CDC). ActionAid Cambodia and its partner will train and support civil organisations to maximize their decision-making powers in those MSCs (3). Kenya (1): A special Taskforce including CSOs will be implemented by the Government of Kenya in 2019 to formulate a tailor-made Kenya Country Mining Vision (CMV), ensuring measurements for inclusive socio-economic developments in line with operations of the mining industry. ActionAid Kenya will train and support the CSOs to maximize the response to needs of affected communities in the Kenya CMV. This mechanism will guarantee civil society organizations’ access to democratic decision-making processes regarding the conduct of the mining companies (1). Mozambique (1): ActionAid Mozambique’s partner will train members of the Agrarian Investment Monitoring Committee (consisting of government representatives, investors and civil society) in carrying out investment surveys. As a result of this, the Agrarian Investment Monitoring Committee as a mechanism will be able to monitor investments regularly and to advice both investors and small farmers, especially women and youth. The Committee guarantees access for civil society to democratic decision-making processes, as civil society is included as one of the member groups and as such has a say in the decisions and activities of the Committee (1). Netherlands (2): • ActionAid will continue to participate in existing mechanisms of the Dutch government and lobby for further improvements and inclusiveness, particularly of the Multistakeholder Dialogue Land Governance and sector CSR covenants (e.g. wind energy sector), and will specifically lobby to ensure that these mechanisms guarantee access for civil society. As a result of these activities, we expect that the Dutch government will improve at least one of these mechanisms in 2019 (1). • ActionAid will continue to lobby for an active role of the Dutch government and embassies to ensure improved civil society access to democratic decision-making in LLMICs, by emphasising the need for including and upholding gendered human rights impact assessments that include the voices of civil society and the affected people and consent procedures (incl. FPIC) in the event of trade and investments, as well as the importance of ensuring women are at the table for important policy and investment dialogues. We aim for at least one embassy or entity to create or improve this mechanism (1). • ActionAid will support HRDs and ensure public debate on the importance of political space for CSOs through Dutch/EU embassy engagement in partner countries, as well as events and advocacy in the Netherlands. This might not lead to a direct mechanism but is a crucial longterm engagement to preserve foundation for civic space (0). Uganda (0): The operating space for CSOs in Uganda has continued to shrink over the years, and it is expected that this will go on in 2019. ActionAid Uganda and other CSOs will continue their work to increase civic space, but this will probably not lead to concrete mechanisms in 2019 (0). Zambia (2): • In 2019, the Zambian government will ensure that Development Committees are put in place in all districts, following its own policy on this, and that communities are included in decision-making processes around corporate conduct. This is partly the result of the engagement of ActionAid and its partners with the government, corporates and other relevant stakeholders through the Alternative Mining Indaba policy dialogues on different levels (1). • The Zambian government will ensure the inclusion of community members in decision making platforms, such as Ward Development Committees, District Development Coordination Committees and full council meetings, to guarantee community access to democratic decision making processes as a result of ActionAid and its partners’ continued lobby on this topic (1).
Kenya (1): In Taita Taveta, a county level artisanal miner’s association (Dawita Duweta Association of Artisanal Miners) that had been established by a senior officerin the county government without the participation of artisanal miners was disbanded after complaints by the artisanal miners, with financial and strategic support of ActionAid Kenya’s partner Taita Taveta Human Rights Watch (TTHRW). It was reconstituted afresh and now has 4 members of mining groups who are members of TTHRW (1). Mozambique (1): ActionAid Mozambique’s partners NADEC and CODESA trained members of Agrarian Investment Monitoring Committees (consisting of district government representatives, investors and civil society) in scrutinizing budgets and monitoring the impact of investments on the lives of smallholder farmers. As a result of these trainings, the Committee improved its monitoring and provided quarterly updates on investments. Also, the district government guaranteed the presence of different civil society groups and the minimum percentage of women (30%) in the local decision-making spaces (1). The Netherlands (5): The Dutch Ministry of Foreign Affairs together with other EU government delegations guaranteed structural access for civil society at the upcoming binding treaty negotiations in 2020 during the 5th session, after ActionAid Netherlands together with other FGG alliance members sent a letter, based on inputs from partners in LLMICs, to the Ministry asking them to protect access (1). The Dutch government (Ministry of Foreign Affairs in collaboration with RVO) set up a consultation trajectory with NGOs (several sessions to date) for land@scale programme document finalization, co-creation for and monitoring of the programme. ActionAid Netherlands, as part of the Multi-Stakeholder Dialogue on Land and in consultation with CSOs in LLMICs (Zimbabwe, Kenya and Bangladesh), frequently engaged with the Ministry of Foreign Affairs to advocate for more inclusion of NGOs (1). The Dutch Ministry of Foreign Affairs provided a structural platform for monitoring and capacity development for women’s land rights as part of the Multi-Stakeholder Dialogue on Land, of which ActionAid Netherlands, having consultations with CSOs in LLMICs, is an active member. During several occasions, including the annual meeting, we made recommendations to provide this platform (1). In the Netherlands an Include (NWO, Ministry of Foreign Affairs) trajectory provided structural space for civil society to contribute to advocacy for capacity development of CSOs political roles (lobby & lobby advocacy capacity) with the NWO (dialogue & dissent) assumptions research as core input. ActionAid Netherlands guided and facilitated the research. The series of workshops provided space to draw in on experiences within FGG from partners in LLMICs, like land rights advocacy in Kenya and how it translates into land rights advocacy in the Netherlands too (1). Due to two different reports on respecting human rights in wind turbines supply chains that we published, ActionAid Netherlands, as an expert, is now structurally invited to the talks on the establishment of a wind sector covenant as the only civil society representative, together with government representatives and wind energy companies (1). Zambia (2): At some point, the Government of Zambia had put the formation of Ward Development Committees (WDCs) on hold in order to deal with clarity issues on guidelines and implementation. Whilst the intention behind the suspension was good, stakeholders among them CSOs felt this was a drawback and would delay the progress of shifting power to the people. CSOs including ActionAid Zambia demanded for quick address of the issues so as to lift the suspension. Government was able to lift the suspension afterwards. The WDCs create access for communities to information about developmental programmes, but also spaces for advancing agendas on human rights. The government worked with Local Councils to ensure formation of WDCs is actualized in all districts. The biggest challenges were resources for Local Councils to facilitate this process. AAZ and its partners partnered with the Local Councils to ensure these are functional at ward level so that local people can have spaces for engagement with duty bearers. At least in all the districts where the project is being implemented this was actualized. AAZ supported with training of WDCs where this was a gap. AAZ also mobilised communities and created awareness on how local people can use the WDCS spaces to hold the state accountable and also to demand for enforced regulation of corporate conduct (1). ActionAid Zambia and its partners have engaged with two Local Town Councils to ensure inclusion of communities in local decision-making structures, such as Ward Development Committees and District Development Coordinating Committees. As a result, the Local Councils have allowed women’s groups and civil society organisations to participate in the council meetings, so that they have access to decision-making structures (1). Zimbabwe (1): The Government of Zimbabwe, through the Manicaland and Mashonaland East Provincial Administrators Offices, signed an MoU with ActionAid Zimbabwe’s partner ZELA to allow them to work in the respective provinces. As a result, ZELA has been able to convene meetings with mining communities and the local authorities, thus promoting and improving democracy and active participation of CSOs and CBOs in decision-making processes that are linked to corporate conduct (1).
Cambodia (2): The “CSOs and Government Partnership” initiative of the Ministry of the Interior provides a forum enabling CSOs to raise their voice. The “National Democratic Development Programme”, also of the Ministry of the Interior, provides an additional mechanism through which civil society organisations can give their views on development plans at Provincial and lower levels. Because of the advocacy of AAC and its partners with the Ministry of the Interior, these mechanisms (currently of limited use) will be turned into a more meaningful space for dialogue between CSOs and Government on development policies (2). Kenya (1): As a result of lobbying and advocacy work by AAIK and its partners TTHRW, MRF, CHRCE and KFA, the government will implement the mining Act 2016. In particular, it will ensure that functional community development agreements committees (CDAs) are established or revived. In principle, these Committees include slots for CSOs and provide a mechanism for raising issues related to corporate conduct. Mozambique (1): District governments will improve the dialogue mechanism of the Local and District Consultative Councils, where government officials, CSOs and corporations interact on for example agribusiness investments. In 2020, the government will allow more CSO representatives in the meetings, which opens up the space for members of women smallholder farmers’ associations to participate and lobby for better inclusion of the Free, Prior and Informed Consent (FPIC) principle in all investments. This improvement is the result of active lobby towards national and local government by CSOs, including ActionAid Mozambique (1). Netherlands (2): ActionAid Netherlands will continue to participate in existing mechanisms of the Dutch government and lobby for further improvements and inclusiveness, particularly of the Multi-stakeholder Dialogue Land Governance and sector Corporate Social Responsibility (CSR) covenants (e.g. wind energy sector) and its successors, and will specifically lobby to ensure that these mechanisms guarantee efficient and effective access for civil society, including in Bangladesh, Cambodia, Kenya, Mozambique, Uganda, Zambia and Zimbabwe. As a result of these activities, we expect the Dutch government will improve at least one of these mechanisms in 2020 (1). The Dutch Ministry of Foreign Affairs will put in place a PMEL framework for the Land@Scale programme that includes attention for the VGGTs, Women’s Land Rights and FPIC principles, as a result of lobby efforts of ActionAid Netherlands, amongst others. The PMEL framework will be accessible online for CSOs. A PMEL framework to monitor these principles is a precondition for further action to increase civil society’s role in decision making (1). Uganda (0): The operating space for CSOs in Uganda has continued to shrink with the NGO Bureau and the Finance Intelligence Authority targeting NGOs like ActionAid Uganda that work on civic and political rights. The situation is likely to get worse with focus on national elections slated for 2021 as campaigns begin in 2020. Zambia (1): In 2020, the Zambian government will finalize a land policy that ensures participation of women in decision making, following its own draft policy. This will be partly the result of the engagement of ActionAid Zambia and its partners with the provincial administration, corporates and other relevant stakeholders (1). Zimbabwe (1): The government of Zimbabwe will continue to improve the national and provincial dialogue platforms that were jointly created with ActionAid Zimbabwe and partner ZELA to ensure corporate accountability in Manicaland and Mutoko’s mining districts. For example, they will ensure better government representation at each platform meeting, so that communities have a chance to speak to the relevant officials about their situation and demands (1).
Kenya (4)
(3) As a result of lobbying and advocacy work, such as various meetings with government officials in which related issues were drawn to their attention, by AAIK and its four partners, the government put in place 3 Community Development Agreements Committees (CDAs) from Taita Taveta County in 2020 for Kishushe. These mechanisms give communities and CSOs the authority to start demanding for corporate accountability and community benefits. A 4th CDA, with a mining company, was revoked after complaints from the community and the county government committed to establish one which will be more inclusive.
(1) AAIK's strategic and a financial partner presented evidence of the destruction of property and vegetation of the land of communities to a forest specialized company and County Government. The company and County Government acknowledged the validity of these documents and decided to create spaces for civil society to participate in government decision-making. Currently, civil society actors and the government structurally use these spaces to facilitate the participation of community members in decision-making.
Mozambique (2)
(2) ActionAid Mozambique with two partners and small holder women associations, improved the dialogue mechanisms of both district consultative councils. Both mechanisms now allow for r a broader representation of all involved parties in land and investment policy discussions. As a result, women from small holder farmers associations and from communities are now able to participate in these discussions to promote the interests of different groups of women in the community. Through this process, the involved women improved their lobby and advocacy capacity, learned to more actively participate in and actually influence decision-making, particularly around land and investment policies.
Netherlands (1)
(1) The Dutch Ministry of Foreign Affairs put a mechanism in place assuring the involvement of CSOs working on land rights in the formulation of new projects. This was the result of active engagement of ActionAid Netherlands with the Dutch Ministry. Since this new mechanism was put in place, ActionAid was consulted several times about the formulation of land rights support projects in a number of countries such as Uganda, Ethiopia, Mozambique and Zimbabwe.
Zambia (1)
(1) The government approved a progressive land policy (National Land Policy) that will ensure participation of women in decision-making, for example through the formation of Ward Development Committees where women have access to information and can lobby and advocate. The approval is the result of intensive engagement in the form of numerous meetings of ActionAid Zambia and its partners with the government.
Zimbabwe (1)
(1) The government of Zimbabwe, through the Zimbabwean Parliament, signed a Memorandum of Understanding with ActionAid Zimbabwe to allow for structural engagement and cooperation, for example in the form of direct access to and regular meetings with several Parliamentary Portfolio Committees so that ActionAid can easily share experiences from women in mining communities with Parliamentarians. As a result, ActionAid Zimbabwe’s access to democratic decision-making processes related to corporate conduct is improved, as the MoU assures their structural involvement in the legislative, representative and oversight functions that hold the Parliament to account on for instance corporate accountability.
1.A.b
# effective legal and other grievance mechanisms adopted or improved by governments and corporations via which CSOs and communities can resolve grievances with governments and companies, and claim their environmental, human and worker rights.
All baselines are set at 0
Zambia (3): 1. One of the mining companies in the project location has established a Community Liaison office to connect with the local community after several grievance reports were made through one of the AA partner organisations. The Community Liaison Office enforces interface with the local communities and the task force to deal with problems related to impact of mining on the community. A deliberate move has been made to provide for space for women inclusion on the Liaison committee between the community and the mining company. 2. In the 2nd project location the targeted mining company held meetings with AAZ partners to agree on the grievance procedure and feedback mechanism. As a result the Mining Company has provided for a contact person through whom grievances can be channeled and appointments have been made with the mine management to interact with relevant target groups. 3. In the 3rd project location the AA partner has facilitated the establishment of a stakeholders’ platform involving government departments, the Municipal Council, churches, media, national assembly local office, CSOs and community representatives. The platform was established to resolve communities’ issues coming from mining activities. The mining companies had refused to attend the platform meetings. As a result of this platform, the municipal council wrote a statement that the mining corporations should be responsive to the demand of communities that they should attend these platform meetings and to the grievances and demands from the communities. Zimbabwe (1): ActionAid’s partner is a member of the Environmental Thematic Working group of the Zimbabwe Human Rights Commission. As a result, reports have been shared on the human rights violations in one of the project locations in a bid to strengthen their complaints handling mechanism. The Zimbabwe Humans Rights Commission has committed itself to investigate and take actions on the mining operations that are being done within people’s homes and the assaults.
Kenya (2): ActionAid Kenya connected their partner to relevant media houses and they used the media to expose human and land rights violation by mining companies. Verifying the content, it was found that the CSR committee that was supposed to act as a bridge between the community and mining companies wasn't functioning properly. As a result the CSR committee was strengthened (1). ActionAid partner mobilized elders and sensitized them on cultural norms that affect women in the mining areas and the rights violations of female day-labourers taking place by the company staff members in the mines. The elders were then supported to hold a press conference. This was aired/ broadcasted on the TV prime news. As a result, the manager of the mine called a meeting with ActionAid's partner organisation and asked the organization to hold regular forums with workers of his mining company to discuss and improve labour rights and resolve the rights violations (1). Zimbabwe (2): ActionAid's partner supported communities to conduct an independent Environmental Impact Assessments (EIA). This was initiated between the Zimbabwe Environmental Management Agency (ZEMA) with the community based groups and is providing effective and efficient mechanisms to address grievances emanating from the operations of the mining companies in their areas which are not in compliance with the EIA report. The EIA of a local CBO, who are supported by ActionAid, are now recognized and adopted by ZEMA as an official EIA and they will be included in the EIA processes. This will enable CBO’s to include community level grievances (1). ActionAid through their partner organisation also provided financial support for lawyers on a case they brought to the High Court. The High Court of Zimbabwe‘s interdict against ZCDC operations for non-compliance with EIA laws showcases the courts as an effective legal platform for CSOs and communities to seek for redress and for resolution of grievances with governments and companies regarding environmental and human rights impacts. This court case is a precedent for future similar court cases and thereby it can be used as a reference in court for other noncompliance of mining companies to EIA laws. This verdict has improved the High Court as a mechanism to resolve community’s grievances with mining companies (1). Zambia (2): Established a regular liaison with Parliamentary committee on legal and human rights which will allow the mining communities and ActionAid to report cases of human rights violation to the committee through the Parliamentary Liaison committee. This came about after the submission on how communities are being affected my mining activities to the committee by ActionAid and the community representatives and this was followed up by training of parliamentary committee members by ActionAid on how they can harness their engagement with mining communities. The parliamentary committee visited the mining communities and the general complaint was the lack of grievance mechanism which then the committee offered as an alternative to the laid down procedures. The parliamentary committee has opened up access to the liaison office of the parliamentary committee so that communities can channel their grievances through them. (1) Under the Law Association of Zambia, a project has been established which focuses on providing women legal support to address human rights violations. This is a human right protection mechanism which ActionAid working with the other CSOs have been advocating for to ensure there is a protection mechanism which creates an enabling environment for local people especially women in accessing legal representation when their rights have been violated. The Law Association of Zambia have adopted this mechanism. The FGG has contributed to this development through its advocacy for Human Rights Defenders protection mechanisms. (1). Uganda (1): A Commission of Inquiry into Land Acquisition was established by government to resolve numerous land disputes in the country. ActionAid has interacted with the Commission by linking 2 communities with land disputes to the Commission and making their grievances known (1). Mozambique (3): In Mozambique the local government uses the Community Consultations as a mechanism through which communities can complain in case of violation of the boundaries of their land during the installation of an investment. In these consultations, usually only community leaders participated and the process was not transparent. Leaders used to sign the minutes of the consultations without deep knowledge of the areas to be explored and type of investment, and sometimes the leaders used to be corrupted by investors to release land. But due to the involvement of AAMoz Strategic partner’s sensitization on FPIC , government has now adopted to strictly follow the policies. For example: a.) For the installation of a beverage factory, in addition to the community leaders and members of the advisory councils, the Government invited ActionAid's partner and other CSOs for the process of consultation. b.) In the framework of the implementation of the European Union-funded project, a company has set up a Project Implementation Committee in which ActionAid's partner, local government officials, company representatives, farmers' representatives and European Union delegates take part. These meetings are monthly and participants use them to place complaints, land disputes, land conflicts cases, challenges in accessing DUAT among other concerns related to the impacts of the company operations. This was also a result of the pressure from AAMoz strategic partners. c.) An Investment Monitoring Committee in the agriculture sector was created in to monitor the investment in the agrarian sector, ensure community participation in the agricultural investment planning process in the district , ensuring compliance with agreements between investors and local communities and disseminate information on local investments.
Cambodia (1): There will be opportunities for the government to adopt land dispute resolution mechanisms in Cambodia. ActionAid will support this process. Zambia (3): ActionAid Zambia together with partner organisations will engage mining companies to formalize their Community Engagement Committees/platforms that were formed in 2016/2017; with an inclusion of women as part of their company policy and a clear agenda to resolve conflicts and grievances by the community especially those affecting women and youth. ActionAid Zambia working with the Governmental Human Rights Commission and partners organisations will work out guidelines to establish a Human Rights Defender desk to deal with complaints of human rights abuse in the mining communities. ActionAid will support communities affected by mining to make annual submissions to the Parliamentary Committee on Legal Affairs and Human Rights. ActionAid will engage with the Committee to ensure that a structural feedback mechanism is in place so that affected communities have the information needed to resolve their grievances with government and corporations. Zimbabwe (2): ActionAid's partner organisation will facilitate workshops on the importance of local non-judicial grievance redress mechanisms. The meetings are meant to facilitate the local communities, local government and the mining companies to establish local redress mechanisms which meet quarterly to resolve human rights grievances related to mining operations and to put in place will be grievance registers. Kenya (1): ActionAid desires to expand linkages/ dialogue between investment companies, communities and civil society through different forums that share information on ‘Human Rights Gap’, best practices and current developments in the sector so as to inform programming on participation by women, youth and their groups. Therefore, partner organisations will be supported to bring Alternative Dispute Resolution (ADR) mechanisms to community level to resolve community – corporate disputes. Netherlands(1): We will work towards improving or adopting grievance mechanisms in the Netherlands and the international arena that allow Southern communities to gain access to justice or dispute settlement. We will do this mainly via the participation in the sector agreements negotiations by participation as a stakeholder or by providing negotiating parties with input. In addition we will participate in issue-focused processes (ie multistakeholder dialogue land). Participating in these processes will enable us to advocate for strong grievance mechanisms in their agreements. ActionAid will also contribute to the debate on the role and functioning of the Dutch National Contact Point, as well as the discussions around the Dutch government’s duty of care. ActionAid will also advocate for stronger monitoring of VGGT implementation and appropriate grievance mechanisms at international and national level to uphold the Guidelines. [we expect that these various strategies will result in at least one grievance mechanism adopted or improved ]
Cambodia (0): In late 2018, the EU has warned the government of Cambodia that the EU will withdraw the Everything But Arms (EBA) policy if the government of Cambodia fails to respect human rights, continues to oppress political activist and does not release the deputy president of the opposition party from prison. An EBA investigation will possibly be implemented (https://www.phnompenhpost.com/national/eu-officials-ending-eba-18-month-procedure). Kenya (0): Although Alternative Dispute Resolution committees are in place at the community level, there has not yet been any successful engagement with investors (0). NL (0): As a result of input given by ActionAid Netherlands into sector agreement processes, access to grievance mechanisms in the metal and wind energy sector has been discussed. Both sector agreement processes have not been concluded, it is therefore not yet clear whether grievance mechanisms will be set up or improved within these agreements. In draft texts there are references to the need to improve access to companies’ grievance mechanisms for victims of corporate abuse (0). ActionAid Netherlands took part in an internet consultation on Invest-NL, providing the Ministry of Economic Affairs & Climate with input on how to make sure this new instrument includes a strong grievance mechanism for local stakeholders. Unfortunately this was not included in the instrument proposal (0). Zambia (2): ActionAid Zambia and its three partner organisations engaged three mining companies on women’s economic and social empowerment to formalize engagement of women’s movements. This resulted in one of the companies putting in place a mechanism to respond to community concerns, aspirations and values to ensure that basic needs are supported. They also made it a company policy to continuously engage with the community, and share information through the Community Advisory Committee, where women movements representatives are now also included (1). ActionAid Zambia and its partner organisations engaged with the Human Rights Commission and the Social Services Department of the government to establish a Human Rights Defenders Desk. As a result, the Desk was put in place at both the local and the provincial level. Communities can file complaints, and the Human Rights Commission deals with the issues related to human rights abuses. The Desk cannot make legal rulings, but it can advise on litigation, or can propose to engage with the involved stakeholders (1). Zimbabwe (0): Partner organisation ZELA convened a breakfast meeting to establish and strengthen grievance redress mechanisms in Mutoko with different stakeholders, including a foreign mining company whose operations residents have been aggrieved with at many instances. This was the company ZELA was most focused on. After the breakfast meeting on grievance redress mechanisms, it emerged that the company did not have a public relations office. They claimed to have an open-door policy where any grieved party may approach their manager on site, who is a foreign national. The meeting agreed that for language purposes the company should look into having a Public Relations or Liaison Officer who is a local person and they have agreed to resolve it by looking into possibilities of hiring a public relations officer. Further, ZELA will develop a grievance register for the company, that ZELA will be monitoring. This will take place in 2019 (0).
ActionAid will participate in multi-stakeholder processes at different levels (including multi-stakeholder dialogue on Land Governance, sector covenants related to natural resources) and will advocate for the adoption of strong grievance mechanisms – we hope this will result in at least one new of improved mechanism. Further ActionAid and its partner organizations will work with governments and corporates in the mining and agricultural sector in five countries to adopt grievance mechanisms in their community engagement processes. In 2016-2017, seven mechanisms will be adopted or improved.
Cambodia (6): ActionAid Cambodia will train and support communities and CSOs to work and negotiate with the government in working groups to claim their land rights via national Land Conflict Solution Mechanisms. By the end of 2019, two major commercial companies (2), the Ministry of Land Management and Urban Planning, the Ministry of Justice, the Ministry of Agriculture, Forestry and Fisheries and the Ministry of Environment (4) will have improved their implementation of the existing Leopard Skin Policy, summoning corporate companies to return parts of the land the companies are using to the communities. Through regular CSR working groups including government representatives, affected communities can bring their complaints forward and the government and companies will address land conflicts between them and the affected communities (6). Kenya (1): The National Land Commission is working, together with ActionAid Kenya and other players, to further develop Guidelines on Alternative Dispute Resolution Mechanisms. ActionAid already established and will work further with Alternative Dispute Resolution Committees in the project sites to ensure the inclusion of the voice of the CSOs and communities in and expedite this process. As a result of this, the National Land Commission will adopt a safeguard mechanism that CSOs and communities can use to resolve grievances (1). Netherlands (2): We will work towards improving or adopting grievance mechanisms in the Netherlands and the international arena that allow for communities in LLMICs to gain access to justice or dispute settlement. • ActionAid will do this amongst others via the sector agreements negotiations of the Dutch government by participating as a stakeholder or by providing negotiating parties with input. In addition we will participate in issue-focused processes (i.e. multistakeholder dialogue land). In all these processes we will push for strong grievance mechanisms. As a result of our efforts, we expect that in at least one of these processes a grievance mechanism will be adopted by the Dutch government or a corporation (1). • The Dutch National Contact Point will improve its focus on key issues such as women’s rights and land, as a result of ActionAid’s contribution (partly through our OECD Watch membership and partly through direct lobby inputs) to the debate on the role and functioning of the Dutch NCP, as well as the discussions around the Dutch government’s duty of care (also in collaboration with MVO platform) (1). • ActionAid will advocate for stronger monitoring of VGGT implementation and appropriate grievance mechanisms at international and national level to uphold the Guidelines and seek redress in the case of violations. The VGGT scorecard that we developed and used for Dutch and other country analyses will be used to achieve broader buy-in at the international level (0). Uganda (1): By the end of 2019, the Commission of Inquiry will recommend the reestablishment of land tribunals to handle cases of land grabbing, resulting in CSOs and communities being more able to claim their land rights. This will be the result of ActionAid Uganda and partners’ advocacy efforts towards the Commission to set up an independent body to hear land grab claims (1). Zambia (2): • A corporation involved in a mine in the project area will improve its grievance mechanism for resettled families as a result of ActionAid Zambia and its partner’s engagement with the corporation on respecting environmental and human rights (1). • The local government and the Ministry of Mines will strengthen their mechanisms to check if companies follow the right resettlement procedures (based on international guidelines such as the UNGP and FPIC) as a result of the engagement of ActionAid Zambia and its partner on issues of pollution and resettlement (1). Zimbabwe (2): ActionAid Zimbabwe’s partner will facilitate workshops with local communities, several Rural District Councils and a number of mining companies on the importance of local non-judicial grievance redress mechanisms. As a result of these workshops, it is expected that at least 2 of the Rural District Councils will set up local redress mechanisms in the form of grievance registers in 2019. The grievance registers will be a binding mechanism for the companies to resolve human rights grievances (2).
Bangladesh (1): JICA has formed a Grievance Redress committee in a project area where a mega project is being implemented, although it is not yet functioning properly (1). This was due to constant pressure by ActionAid Bangladesh and its capacity to bring together organisations at the local, national and international levels. Cambodia (1): A rubber company has established an external grievance mechanism, but it had not yet been tested. ActionAid Cambodia and its partner CCHR have improved its working by monitoring its progress through meetings with the affected community and informing the company about negative impacts of its work, forcing it to remediate (see also 1.F.b). The Netherlands (1): After two years of ActionAid Netherlands lobby the metal International Responsible Business Conduct sector agreement, which was signed in June 2019, specifically included that companies open up their internal grievance mechanisms to third parties who have complaints or information about alleged violations of the OECD Guidelines and the UNGPs, and that they need to participate in a mediation process recommended by the National Contact Point if a complaint against them is deemed admissible (1). Zambia (3): ActionAid Zambia (AAZ) and its partner organized three meetings with a mining company on environmental management and grievance handling mechanisms. Through the engagement of AAZ and its partners, the mining company has strengthened the mandate of its community advisory committee that handles grievance mechanisms, to ensure that they are regularly engaged. The mining company has also allocated a specific office to deal with complaints and grievances from local communities with a deliberate agenda to ensure AAZ’s partner and the women are engaged on a regular basis on matters of human rights and any other issues affecting the local communities (1). ActionAid Zambia and its partner engaged with the Ministry of Mines, the Zambia Environmental Management Authority and the Local Council on the need for strengthened regulation of the conduct by the mining companies with regard to resettlement. As a result of this engagement, the Local Council has improved its grievance mechanisms by including consultations with both the mining company and the community around the resettlement process, to ensure that all parties can share the relevant information (1). ActionAid Zambia and its partner engaged civic leaders and the District Commissioner’s office as well as the Ministry of Mines in one of the project regions on the liquidation of a mining company in line with an international case court. Through these engagements, the government put in place a mechanism to include community representatives in the consultations on liabilities of the mining company so that their grievances are not lost in the process (1).
Cambodia (1): A rubber company will improve the grievance mechanism it has for neighbouring communities to make it easier for them to access it, as a result of advocacy by ActionAid Cambodia and partner CCHR. ActionAid and CCHR will also continue to monitor the commitments of the company to implement policies related to human and worker rights (1). Kenya (3): As a result of lobbying and advocacy work at the county level by ActionAid Kenya and its partners TTHRW, MRF, CHRCE and KFA, trained CSO representatives will be included in the county-level Community Development Agreement committees for 3 mining companies. Through these committees, CSOs will be able to resolve their grievances with government and corporates (3). Netherlands (3): The Dutch National Contact Point (NCP) on OECD Guidelines will improve its focus on key issues such as women’s rights and land, both in the way it handles complaints and in its communications, as a result of ActionAid Netherlands’ contribution (partly through our OECD Watch membership and partly through direct lobby inputs) to the debate on the role and functioning of the Dutch NCP, as well as the discussions around the Dutch government’s duty of care (also in collaboration with MVO platform) (1). ActionAid Netherlands together with MVO platform and FGG partners will continue to advocate for the necessity of removing the barriers to justice for communities affected by corporate abuse, specifically within our advocacy focusing on mandatory due diligence legislation. As a result, we expect the Ministry of Foreign Affairs will adopt legislation that includes access to remedy for victims of corporate abuse to further this (1). The voluntary sector agreement on wind energy will include a strong grievance mechanism as a result of input for improved environmental, human and worker rights and involvement of ActionAid Netherlands in the negotiations on the agreement (1). ActionAid Netherlands together with MVO platform and FGG partners will set the agenda of the Ministry of Justice to improve legal mechanisms in order to take away barriers to justice for victims of corporate abuse. We do not expect this to result in a grievance mechanism in 2020 yet (0). Within international fora such as the UN and the OECD conversations will start on updating corporate accountability standards, such as the OECD guidelines and UN Guiding Principles. ActionAid will influence these guidelines, through targeted advocacy together with OECD Watch, MVO platform and FGG partners by taking part in public consultations on these guidelines, to include a strong gender focus and establish effective remedy. However, it will be too early in the process for the new guidelines to be implemented by governments in 2020 already (0). Uganda (1): Because of advocacy and lobbying work undertaken by Action Aid Uganda, its partners and other CSOs, the Ministry of Lands, Housing and Urban Development will introduce an amendment to the Land Acquisition Act. This amendment will establish the Land Acquisition Tribunal, which will handle disputes related to land grabbing and mass dispossession. It will enable litigants to access justice faster than going through the lengthy formal court system. Our target is that this amendment will be adopted in 2020 (1). Zambia (1): At least one mining company in the project regions will improve its grievance mechanism for affected families with damaged houses, making it easier for them to seek compensation. This will be the result of engagement meetings of ActionAid Zambia and partners with the mining companies on relocation of the affected households (1). Zimbabwe (5): In 2020, at least two mining companies will put grievance registers in place and at least two local Councils will improve their grievance registers by adding more companies. Through the grievance registers, communities can register their complaints in a structured way, they can monitor follow-ups and they can use the collected information in their lobby and advocacy for improved policies and practices. This will be the result of workshops facilitated by partner ZELA, where they stress the importance of local non-judicial grievance redress mechanisms at the local level. During these workshops, local communities, CSOs, Rural District Councils and mining companies are present to discuss solutions for human rights grievances (4). The Zimbabwe Human Rights Commission (ZHRC) will improve its complaint handling mechanism system as a result of human rights mobile clinics organized by partner organisation ZELA in the project areas. The ZHRC has limited capacity to access all communities to handle complaints, but the mobile clinics will make visits to the communities easier. This will allow the ZHRC to take up more human rights cases (1).
Kenya (1)
(1) The County Government of Kitui improved their grievance mechanism by committing to involve a strategic and financial partner of AAIK in their community sensitization spaces and platforms on extractives work at the county level. This partner will be able to utilize this opportunity to lobby for gender and community friendly corporate interventions as well as mitigate and resolve conflicts that may arise.
Cambodia (1)
(1) A rubber company improved its compliance mechanism in line with the UNGPs and social responsibility policies. Now they effectively implement human rights compliance mechanisms and CSR programs based on the UNGPs. This is a result of lobby by a project team coordinated by AA Cambodia and its strategic partner CCHR, with important participation of the community.
Uganda (1)
(1) In 2020, the Ministry of Lands, Housing and Urban Development issued a directive under the Constitution Land Evictions Practice Directive that supports the Land Acquisition (amendment) Act. This amendment establishes the Land Acquisition Tribunal, which will handle disputes related to land grabbing and mass dispossession. It will enable litigants to access justice faster than going through the lengthy formal court system. This happened after advocacy and lobbying work through engagement meetings with Ministry representatives undertaken by ActionAid Uganda, its partners and other CSOs united in the Land Actor Platform.
Zambia (1)
(1) As a result of lobby by ActionAid Zambia and its partner (mostly in the form of lobby meetings), one mining company has improved its Community Advisory Committee mechanism by opening it up to women and civil society actors, so that they can engage directly with the corporation on grievances.
Zimbabwe (1)
(1) As a result of advocacy by ActionAid Zimbabwe and partner ZELA (mostly in the form of lobby meetings), the Zimbabwe Human Rights Commission (ZHRC) has improved its complaints handling system by hiring legal officers who focus on the environment and extractives sector. ZHRC is currently investigating two cases in the project region.
Outcome C: Alternatives Developed
A range of alternative, participatory initiatives and models related to corporate conduct have been developed, piloted and promoted by FGG and civil society actors, from best practices through to enforceable multi-stakeholder agreements.
-
-
1.C
# alternative, participatory initiatives and models related to corporate conduct meeting core criteria including sustainability, participation (m/f), transparency and equity (m/f), that have been developed, piloted and/or promoted.
All baselines are set at 0
AA NL (3) - The Model Mining Legislation, drafted by a consortium of non governmental and community based organizations has been promoted in meeting with Dutch policymakers as a model of how community rights can be properly reflected into legislation (1) - AA NL developed an alternative approach to current Free, Prior and Informed Consent processes by supporting the development of a FPIC training manual (AA and FAO). This manual provides an alternative approach that improves FPIC processes which enable practitioners to better protect the rights of indigenous people and ensure more inclusive decision-making around investments (1). - Recommendations and ways to jointly monitor VGGT, implement FPIC and the use of participatory action research were co-developed by AA NL and Mozambique and shared in stakeholder meetings in Netherlands and Mozambique. In Mozambique plans were developed between CSOs and government for setting up a national multi-stakeholder land rights committee to supervise and monitor VGGT & FPIC & involuntary resettlement compensation implementation. - 2. AA NL also supported the development of the VGGT Score Card. This is an alternative approach for assessing government land related policies. The scorecard also facilitates community based monitoring of land rights policies (including Norther policies) and can be used by CSOs as a tool for dialogue with governments (1).
Kenya (1): ActionAid supported their partner to go to a mining company that has adopted best practices for a learning visit. From the visit, they learnt that the company has an integrated community development program leading development in the community, an transparent and inclusive selection of Corporate Social Responsibility committee members, and a clear 5 year term. Back home, they advocated towards the CSR committee in the mining area to adopt this CSR model. The CSR committee committed to emulate the practices. As a result 7.8 million dining hall is under construction at a secondary school, a dispensary worth 4 million is also under construction and 13 secondary school students are supported with full scholarship. These projects were identified and selected by the communities. Cambodia (1): ActionAid was one of the organizations to set up a CSR platform to develop an alternative mechanism to improve engagement between public and private sector and civil society (organizations). In 2017 this platform has become most active. It promotes corporate social responsibility, VGGT, UN guidelines, including more sustainable corporate conduct and participation of communities. The CSR Platform encompasses 17 private companies, 3 Chambers of Commerce and 7 CSO members, and has a three pronged strategy such as: capacity building, advocacy and regulatory reform. The Goals of the CSR platform are to mainstream and materialize CSR guidelines, tools and principles in Cambodia, CSOs and government institutions to start adopting and implementing CSR guidelines, tools and principles. Zimbabwe (3): ActionAid and its partner mobilized and trained community monitor groups on how to do environmental impact assessments in mining areas. This as an alternative to the EIA done by the mining companies. One CBO have been accredited by EMA as independent environmental monitors to document and report violations of environmental laws by a mining company in their area. The community monitors produce reports that include community perspective and are used to mirror reports submitted by mining companies. ActionAid and its partner together with another organisation organised the Manicaland Alternative Mining Indaba as a community level alternative initiative to the Mining Indaba. They organised this as a model to ensure citizen participation and stakeholder engagement on good governance in the mining sector. The platform allows mining communities to have face to face discussions with duty bearers and critique government and company policies and practices. ActionAid together with other organisations organized the Zimbabwe Alternative Mining Indaba (ZAMI), as a national level alternative for the Mining Indaba, for communities and CSOs to advocate for responsible corporate conduct in the country’s mining sector. A broad range of subject issues were discussed on corporate accountability such as the respect and promotion of community rights. Bangladesh (2): An accessible and easy to understand handbook on “Laws and Rules of Land and Water” was developed which was published by ActionAid, in order to achieve greater transparency on existing laws, rules and policies around land management, and more participatory decision making and land management practices. An online platform called the Displacement Archive was set up by ActionAid's partner that brings together information on various ‘development’-related cases of land grabs and displacement. The online platform provides tools for communities affected by displacement and land grab to engage in advocacy around their cases and provides CSOs and activists tools for lobby and advocacy Uganda (2) With FGG support, ActionAid's partner continued to promote their models and strategies for nonviolent grass roots resistance to land grabs in various localities and communities in Uganda. They have organised trainings, including nonviolent resistance trainings and Training of Trainings on this topics, for activist and especially women who are confronted by land grabs. (1) On request of the Commission of Inquiry into Land Grabs, ActionAid and its partner made proposals for the development of Alternative Dispute Resolution where land is customarily held.(1) Netherlands (2): VGGT scorecard based on key principles of equality, gender and participatory land governance was piloted and adjusted as based on learnings from the Netherlands, Australia, Gambia and Senegal and is currently being shared as a tool for others to use as an alternative way of assessing land governance including corporate accountability standards in their countries. Results and tool were shared with Dutch government as well as AU, FAO and other institutions. (1) We have supported the Women’s Land Rights in Africa initiative that was funded by the Dutch Ministry of Foreign Affairs (via LandAc) and allowed for AA Kenya to do participatory action research with women in follow-up of women2kilimanjaro. As advisory board member AA NL has ensured that the bottom-up and participatory approach remained on the agenda of the overall programme and provided inputs to AA Kenya to support their work. This is an important alternative to existing research approaches and allows for win-wins with empowerment, lobby and policy objectives. (1)
Zambia (1): ActionAid and the 3 partners have developed guidelines for conducting interface meetings with the 3 mining companies and government to create a platform every six months as part of the social audit process to get feedback from communities. This will lead to increased women and youth participation, enhance transparency and accountability in the manner communities are engaged. This social audit is an alternative to the audits being done by the companies. Zimbabwe (1): The Zimbabwe Alternative Mining Indaba (ZAMI) will be organized by ActionAid's partner organisation and other civil society organisations. The ZAMI is an alternative platform for increased participation of often excluded but equally important stakeholders in the mining sector such as host communities and policy makers from different government departments regulating the mining sector. The declarations formulated at the ZAMI profiles the key recommendations aimed at transforming the sustainability of the sector which is also tracked and monitored by ActionAid's partner organisation. Kenya (1): ActionAid together with partner organisations will engage corporates to establish and sustain participatory community dialogue processes to develop Community Development Agreements and Environmental and Social Impact Assessments (ESIAs); and to implement such agreements jointly with County Governments and Communities. Bangladesh (1): ActionAid will support the formation of an Independent People's Commission to engage key duty bearers and monitor the compensation and rehabilitation process of the communities affected by corporations. The Independent People’s Commission is a civil society platform comprised of community leaders, HRDs, CSOs, academics, media personnel (and other representatives of affected communities) and will, amongst other things, develop an Alternative Safeguard Framework for ensuring rights of affected communities and marginalized people are taken into account in the context of land acquisition and investment. Netherlands (1): Building on our previous work around FPIC, we will more actively promote FPIC for all communities as based on ActionAid standards defined in the AA FPIC briefing, that we will also enhance. We will explore cases that have particular strong gender aspects in order to promote gender sensitive application of FPIC in particular.(1)
Bangladesh (2): ActionAid Bangladesh and its partners facilitated the setting up of 4 People’s Commissions as Platforms for Social and Environmental Safeguard (PSES), 3 at regional level and 1 at national level. All platforms are adapted to the specific circumstances in the different areas. The platforms bring together community people, CSOs, media, HRDs, academia, legal experts and youth, among others. As a participatory initiative, the PSES worked to hold key duty bearers accountable and to develop alternative models related to corporate conduct (1). ActionAid Bangladesh developed a draft People’s Safeguard Policy as an alternative policy for ensuring human rights in infrastructural developments. The Policy was developed in a participatory process with CSOs and related stakeholders in several national and local level consultations and meetings and will be put forward to the national government for adoption (1). Kenya (1): To support a re-convergence of women under the banner of the Kilimanjaro Initiative, ActionAid Kenya and partners finalized and launched the framework for implementation of women’s rights to land [of which the development was initiated in 2017], whilst also developing tools to track its implementation [currently under review] and popularizing the charter of demands to sustain and foster women’s mobilization (through village forums, a radio talk show, and a roadshow). ActionAid Kenya and partners provided guidance in the process, funded and organised workshops to develop the framework, and facilitated participation of women in the process (1). Regarding the set target to engage corporates to establish and sustain participatory community dialogue processes, work was initiated but agreements were not developed and completed. However, committees for the community development agreements are being established in one project area, where already two of our women have been elected as members of the committees. This target will therefore be reported in the 2019 outcomes (0). NL (2): ActionAid Netherlands provided inputs for the ActionAid International agroecology promotion paper that was presented at the FAO agroecology forum in Rome. ActionAid Netherlands also explicitly lobbied for agroecology as an alternative to large-scale agribusinesses at the IOB food security evaluation conference (1). ActionAid Netherlands improved its understanding of integrated land-based climate solutions, including agroecology and community-based forestry through the participation of ActionAid in developing the report ‘Missing Pathways to 1.5 Degrees’ on alternative ways to reduce carbon emissions. The report and its messages were picked up in various media and raised during the CFS negotiations in Rome (October) and the COP negotiations in Poland (December) (1). ActionAid Netherlands drafted a first discussion paper with ActionAid colleagues about the just energy transition and how this relates to the current mining model. No final paper has been produced yet (0). Zambia (1): As an alternative to audits being done by companies, ActionAid Zambia has capacitated its three partners and the local authorities of three project regions on carrying out social audits instead, performed by communities. As a result, two of the local authorities created a platform for social audits where various stakeholders, both from the supply and the demand side, review the quality of service provision of mining companies to communities. This alternative social audit process has ensured that the rights of mining communities are better protected, as they are engaged in the meetings and both companies and local authorities need to be transparent on service provision (1). Zimbabwe (1): The Zimbabwe Alternative Mining Indaba (ZAMI) organized by partner organisation ZELA and other CSOs is an alternative platform for increased participation of often excluded but equally important stakeholders such as host communities, who can engage during the event with policy makers from different government departments regulating the mining sector. The 2018 ZAMI was attended by more than 10 CSOs and more than 5 Rural District Councils. During the ZAMI the CSOs developed a declaration with key recommendations aimed at transforming the mining sector, including a national plan and campaign to stop violence caused by machete attacks in the ASM sector (1).
ActionAid and its partner organizations will develop and carry out 7 alternative initiatives in five countries including: conducting a review of best corporate practices and using this to influence other corporate actors to change their rights-abusive practices; influencing corporates to introduce communication and sensitization programmes that eradicate cultural norms which inhibit women from actively participating and contributing to the extractive sector and provide specific provisions on gender equality and equity empowerment in the sector; piloting an Independent Community Environmental Impact Assessment to monitor environmental compliance by mining companies; and setting up Alternative Mining Endabas to function as multistakeholder platform for improved corporate conduct involving mining communities, government, legislators, mining companies and civil society.
African Extractives Working Group (3): • As an alternative to the Africa Mining Vision, the African Extractives Working Group will develop and promote a bottom-up Feminist Critique of the document. This alternative will be promoted through advocacy and lobby using research papers and reports and during (international) events such as the Alternative Mining Indaba in February 2019 (1). • The African Extractives Working Group will work with the different ActionAid country offices to develop a ‘People’s Mining Charter’, based on the model from South Africa, for the different countries. In this People’s Mining Charter, mining-affected communities in the different countries will put forward their aspirations, principles and demands for participation in decision-making processes in the mining sector (1). • The African Extractives Working Group will develop a policy paper with inputs into the Binding Treaty on Transnational Corporations and other Business Entities, with a focus on more participation, representation, decision making and remedy for mining affected communities. This alternative approach will be presented to the Department of International Relations and Cooperation of the South African Government (1). Bangladesh (1): In 2019 the People Safeguard (PSG) Policy, a strategic document developed by a consortium of CSOs including ActionAid Bangladesh, affected community members, land and environmental experts, Human Rights Defenders (HRDs) and lawyers, will be published and promoted towards the government for endorsement. Herein the UNGP, FPIC, EIA as part of proper rehabilitation, adequate compensation and resettlement mechanisms related to large-scale investments are introduced to legal bodies. The result will be the discussion of the incorporation of PSG into the national law to protect human and environmental rights (1). Cambodia (1): ActionAid Cambodia will double its investment in its role as facilitator in the Corporate Social Responsibility (CSR) Platform in 2019 to introduce the UNGPs and VGGT as part of the CSR platform, as prime strategy to defend human and environmental rights. ActionAid Cambodia will facilitate multiple conferences and exposure visits for corporate sector members to affected communities. Through those exposure visits, ActionAid Cambodia will further promote corporate accountability of major mining and other commercial groups within the CSR group (1). Kenya (1): In action against the polluting and other devastating consequences of the mining company in the area of Kishushe, ActionAid Kenya supports communities in drafting comparative analysis of similar corporate practices and influencing adoptions of best practices by mining companies. As a consequence, the mining company will pledge to adopt dust collectors as a model for reducing pollution in the mining area. Netherlands (3): • ActionAid will actively promote FPIC for communities affected by large scale infrastructure projects, as an alternative, inclusive decision making process for policy and investments that supports women’s rights (as opposed to current practice where their rights are often ignored). We will explore investment cases that have particularly strong gender aspects in order to promote gender sensitive application of FPIC in particular (1). • ActionAid will document and promote alternative and small-scale inclusive business models in agriculture (e.g. respecting agroecological principles and land rights, smallholder irrigation systems and resilient farming systems) based on experiences (best practices) to the Dutch and international public, civil society and policy makers through policy briefings, videos, online media and in meetings. This work includes scoping, thinking and developing alternative initiative/models, including in the areas of Human Rights Due Diligence practices, land and natural resource governance (1). • Through feminist participatory action research, ActionAid will develop and document alternative approaches to the current corporate accountability (CSR) policies to the benefit of ensuring women’s rights to be respected in the context of labour, decent work and gender responsive public services in the Global South (1). • In collaboration with several of the other FGG ActionAid country offices ActionAid will start scoping alternative livelihood models for mining communities to improve the secure access to and control of natural resources for communities and women in particular. This exercise will result in a report on which alternative models can be built in the future (0). Uganda (2): • ActionAid Uganda and its partners will work with a community in a region where a large company is seeking to establish a sugar cane plantation, to prevent land grabs and to ensure that the community can claim its rights. They will ensure that the community understands the ‘deed of settlement’ document developed by the government. As opposed to other cases, ActionAid Uganda and its partners are promoting the participation of the community as a group rather than as separate individuals claiming their land rights (1). • ActionAid Uganda and its partners will promote and implement mediation as an alternative to forced evictions. They will facilitate mediation between a government and a company on the one hand and the community on the other (1). Zambia (3): • ActionAid Zambia and its partners will lobby for community engagement in the implementation of the Africa Mining Vision, as an alternative to the current top-down implementation process in which communities are not involved. ActionAid Zambia and its partners will draft position/discussion papers and will engage with Parliamentary Committees to promote this participatory model (1). • ActionAid Zambia and its partners will push for community participation in Corporate Social Responsibility (CSR) planning in three mining communities, contrary to the current CSR planning processes where only the mining companies are involved. ActionAid Zambia will promote this participatory model to mining companies and government bodies at different levels (1). • ActionAid Zambia and its partners will conduct research on the effects of mining activities on livelihoods and will come up with sustainable community driven livelihood alternatives. They will promote these alternatives to local, provincial and national government bodies (1). Zimbabwe (1): The Zimbabwe Alternative Mining Indaba (ZAMI) organized by ActionAid's partner organisation and other civil society organisations is an alternative platform to increase participation of often excluded but equally important stakeholders, such as host communities, with policy makers from different government departments regulating the mining sector. The Declarations formulated at the ZAMI profile the key recommendations aimed at transforming the sustainability of the sector, which is then also tracked and monitored by the partner and other civil society organisations (1).
Bangladesh (3): AAB has published a “Social and Environmental Safeguard Policy; People’s Proposals”; these are proposed policy guidelines for ensuring that negative social and environmental impact of government and corporate activities is mitigated. The proposed policy guidelines came out of broad participatory sessions with community groups, HRDs and CSOs, AAB and partners promoting this policy in the community and CSO level through campaign and awareness. Thus they will be lobbying and advocating with the government to adopt this policy (1). Two partners have each developed a framework document on resettlement and livelihood rehabilitation in the context of Bangladesh’s megaprojects and related displacement of communities. The frameworks are based on the experiences and developed with the participation of affected communities, HRD and CSOs. This was the result of various consultation workshops and joint investigations Based on this framework partners submitted the memorandum to various actors, including the District commissioner (DC), Upazila (sub-district) Officer (UNO), Department of Environment (DOE) etc. In addition, they presented these documents at press conferences and workshops organized through the people’s commissions (2). Cambodia (1): A mediation process was piloted by AAC together with a consultant, aimed at finding a solution to the long-standing conflict between a company and an affected community in Pursat province, which so far could not be resolved through other means. A first meeting to explain the process took place on 31 May 2019. The affected community people decided not to continue with this process; instead, they approached the Supreme Council for Consultation and Recommendations to help them in order to reach a solution. The Netherlands (5): ActionAid Netherlands developed a feminist ten step plan for the binding treaty, as an alternative to current corporate accountability policies which are gender-blind. This alternative was developed using input from the feminists 4 a binding treaty coalition network, which consists of organizations based in LLMICs and MICs, and was promoted under Dutch policymakers and public (1). Based on experiences and methodology development of ActionAid at international level, including from LLMICs, (with contributions by ActionAid Netherlands to the flagship report and through an earlier Agroecology publication) ActionAid Netherlands contributed to agroecology promotion, agroecology & feminism, local food systems and the right to food providing inputs to FAO-CFS, Parliamentary debate (including a formal letter for agroecology promotion to parliamentary commissions), and lobby of Ministries of Agriculture and Foreign Affairs in the Netherlands. Agroecology is an alternative to industrial agriculture, which is based on monocultures with low biodiversity, high use of pesticides and seed patents, for example (1). ActionAid Netherlands promoted the power of feminist participatory action research within the ActionAid flagship trajectory for resilient livelihoods and climate justice and as part of the land@scale trajectory of the Dutch Ministry of Foreign Affairs, partly based on experiences in Mozambique and other LLMICs. The alternative is methodological and aimed at policy change contributing to land governance initiatives based on respectively diagnosis, participation and co-implementation by local communities and women in particular (1). ActionAid Netherlands has developed an integrated approach to address the thematic nexus between gender, women’s rights, land rights, sustainable land-use (like agroecology) and climate change adaptation for resilient livelihoods for women and men, based on practices in LLMICs. This approach was promoted during several meetings with the Dutch Ministry of Foreign Affairs, for example in the land@scale trajectory, as an alternative to approaches that look at these issues in a more separated and industrial way (1). ActionAid Netherlands has promoted its joint proposal with ActionAid Kenya for inclusive Public-Private Partnerships (PPPs) to the RVO SDG Facility as an alternative to current PPP structures that do not include civil society strongly enough (1). Zambia (2): ActionAid Zambia and its partners supported women from communities affected by mining to formulate a Women’s Mining Charter, that puts forward their demands with regards to the domestication of the Africa Mining Vision. So far, the Africa Mining Vision in itself and the domestication process in Zambia have not been gender-inclusive or participatory. The Women’s Mining Charter was presented to a number of relevant stakeholders, such as the Ministry of Mines and the Ministry of Gender (1). ActionAid Zambia and its partners have pushed for community participation in Corporate Social Responsibility (CSR) planning in the three mining communities where they work. This is an alternative to current CSR planning processes where only mining companies are involved, and that often do not address the real needs of the communities. As a result, the mining companies have started to involve community members, with a focus on women and youth (1). Zimbabwe (1): ActionAid Zimbabwe and partner ZELA contributed to the organization of the Zimbabwe Alternative Mining Indaba (ZAMI). This is an alternative platform to increase participation of often excluded but equally important stakeholders, such as host communities, with policy makers from different government departments regulating the mining sector. At the end of the ZAMI, a declaration was formulated with key recommendations for the sustainability of the sector, such as joining the Extractive Industries Transparency Initiative. ZELA and other civil society organisations will monitor the implementation of the recommendations to hold duty bearers accountable (1).
Bangladesh (2): To challenge the exclusion of communities from decision-making by corporates and the government, ActionAid Bangladesh will develop the ‘Power of voices’ platform to bring together members from the 69 Community Land Rights Groups, members from the People’s Commissions and HRDs. Through mass demonstrations at the community level, they will make their voices heard to ensure participation of communities in decision-making processes (1). The Life and Nature Safeguard Platform, set up and supported by ActionAid Bangladesh, will develop an alternative proposal for improving the environmental conservation rules of Bangladesh that takes into account the rights of both communities and the environment, something that is not done in existing policies on this topic. These proposals will be submitted to the Government and discussed in the media. (1). Cambodia (1): ActionAid Cambodia has an active role in the CSR platform in Cambodia. This is a unique platform in Cambodia, where corporates interact directly with government and civil society on Environmental and Social Governance (ESG). ActionAid Cambodia is contributing to the development of the platform, for example by developing specific strategies to mobilize more corporations to be involved, active and responsible (1). Mozambique (1): As an alternative to a company audit, a partner organisation of ActionAid Mozambique will carry out a social audit on the conduct of a sugar cane company in one of the project districts, to assess the implementation of the corporate social responsibility promises of the company to the community, and the change that this has brought to small farmers living around the company premises (1). Netherlands (1): ActionAid Netherlands will develop and document the ‘feminist economy’ as an alternative to current corporate accountability strategies. This will be piloted and promoted under media and policymakers (1). Zambia (2): ActionAid Zambia and its partners will lobby for community engagement in the review and finalization of the land policy. So far, communities are not actively involved in this process. ActionAid Zambia and its partners will draft position/discussion papers as well as engage with Parliamentary Committees to promote this participatory model (1). ActionAid Zambia and its partners will push for improvement of corporate accountability through participation in the Zambia Alternative Mining Indaba, Provincial Alternative Mining Indaba and District Alternative Mining Indaba for the three mining communities where mining companies attend and participate. ActionAid Zambia will promote this participatory model to mining companies and government bodies at different levels (1). Zimbabwe (1): Partner organisation ZELA, together with other CSOs, will organize the Zimbabwe Alternative Mining Indaba (ZAMI), an alternative platform for increased participation of often excluded but equally important stakeholders in the mining sector, such as host communities and policymakers from some government departments. During the ZAMI, the participants will formulate a Declaration outlining the key recommendations for transforming the sustainability of the mining sector. Also, ZELA and other CSOs will develop the ZAMI Progress Tracker, to follow up on the commitments made during the ZAMI (1).
Bangladesh (6)
(1) The Life and Nature Safeguard Platform, a major national civil society platform involving CSOs, NGOs, academics, journalists, thinktanks and HRDs, proposed an alternative development model (1) for post COVID development through a webinar organized together with CSOs and academics. A number of national level media published reports following the event and proposal. The model, that focused on post COVID development efforts, included increased attention for valuing the environment, safeguards for people and fighting global climate change. In the webinar, the Government was called upon to adopt policies and plans that focus on nature based solutions and to retreat from mega infrastructure projects that harm people, environment and climate. FGG had facilitated the setting up of the LNSP in 2017 and supported the LNSP throughout FGG with e.g. organizational, logistics and networking support, joint strategizing and occasional small grants for activities.
(1) The same civil society platform also developed a 15 points list of demands as an alternative proposal to regulate the health system, ensuring food distribution, economic recovery, environmental conservation, and protection of human rights during COVID. 15 CSO representatives and individual human rights defenders signed the statement.
(1) The platform also proposed recommendations on how to approach the issue of repeated floodings based on the investigation by the platform. The report was discussed by CSOs and was published in the media. The report proposed to adopt river management approaches that are more in balance with nature (as opposed to various ill designed river management systems created over the years) and that do not harm the rivers. The full report was published in several national newspapers, but Covid dominated the discussions in the media.
(1) One of FGG’s partners developed an 8 point proposal to save the Sundarbans mangrove forest through a dialogue held in Khulna under the banner of ‘Industrialization, Environmental Conservation and Human Rights in the Sundarbans adjacent areas’. The proposal shows alternative ways of dealing with the environment and in particular asks for the implementation of a 2019 High Court Ruling in favour of protecting the ecologically critical zone from industrial expansion, for ecologically critical areas to be demarcated, EIA results to be disclosed, and more generally for including safeguards for people and the environment in any industrial operations in the area. The proposal was subsequently discussed by various local CSOs in Khulna. FGG had supported the partner through knowledge exchange, linking and networking with other CSOs (activity funding/small grants).
(1) The UN Binding Treaty on business and human rights was promoted and discussed by parliamentarians, CSOs, private sector reps, UN representatives in Bangladesh and affected community people in a series of online consultations organized by AAB and partners.
(1) FGG’s local partners conducted two separate social audits with the communities affected by 3 major investment projects of which 2 coal fired power plant projects. This was done to measure adverse impacts of corporate interventions, in particular on women. The process of the participatory social audit built awareness and capacity of community people. It was the first time this approach was introduced in this area, as a pilot, and served as an alternative to regular auditing in which community members have little or no role at all. The social audit reports will contribute to future advocacy, campaign and lobby to protect women and hold corporates accountable. FGG supported the partners throughout the year with activity funding as well as networking support, linking with other organisations and facilitating and convening meetings.
Brazil (1)
(1) In Brazil, ActionAid worked together with women from the Suape port area who have been evicted from their lands to make place for the port expansion. Through a participatory mapping process, the women constructed alternative maps representing their realities instead of those on the official maps, with a legend and symbols that identify their sources of livelihoods. The maps will be used by the women as advocacy material and for mobilization. As the official maps produced by the State indicate an asymmetric power relation that can make whole communities non-existent, the community maps will be a useful tool to engage with the government.
Cambodia (1)
(1) As a coalition member of the CSR platform, AAC has contributed to the alternative policies of the Association of Banks in Cambodia and the National Bank, by promoting and advocating for the implementation of green policy and Cambodian sustainable finance principles. Through these policies and principles, the Cambodian Banks commit “to prioritize the environment, protect our people and preserve our cultural heritage by actively assessing, managing, mitigating, offsetting or avoiding potential risks or negative impacts arising from our clients’ business activities, standards or practices.”
Kenya (1)
(1) AAIK and its three strategic partners TTHRW, MRF and Ujeri proposed an alternative collaboration model between mining corporations and CSOs. The companies have committed to this improved model: quarterly meetings with CSOs towards expanding engagement and dialogue spaces to resolve any conflict arising. Improvements are made in regard to the relations between the communities and the companies, working conditions, and to fast-track enactment and implementation of investment laws and community land laws. In a region, the mining firms went further to allow CSOs’ unlimited access to their mining sites to conduct social audits on workers conditions. These are models that can be escalated and sustained.
Mozambique (2)
(1) NADEC, partner of ActionAid Mozambique, wrote recommendations for an alternative method for local investors, the sugar cane company and smallholder farmers working together. This alternative model includes respecting human and workers’ rights in the sugar cane production. This is the result of a social audit conducted by NADEC on the conduct of the sugar cane company and to local agribusiness investors. The results of the social audit are incorporated in the report shared on the report-district level. ActionAid and NADEC are following up the recommendations of the social audit and sent a request for the local government to hold local investors and the sugar cane company to review the methods of working with smallholder farmers.
(1) NADEC, partner of ActionAid Mozambique, developed an alternative written and legal contract between local investors (a sugar cane company) and small holder farmers. AAMozambique and NADEC facilitate the conversations to promote inclusiveness of small farmers, including women´s associations on the deal. This is based on a gender analysis. We are still piloting and promoting best negotiating practices between the two parties to find consensus and prevent conflicts in the management of land and natural resources. The alternative is a result of a social audit, conducted by NADEC.
Netherlands (1)
(1) Briefing “Principles for Just Transitions in Extractives and Agriculture” researched and written by AA International and AA Netherlands together, with input from colleagues from AA’s Africa Extractives Group (AA Kenya, Zimbabwe, Zambia, Uganda, South Africa) to ensure that the approach can be applied in their various contexts. The briefing outlines approaches for corporates, governments, communities and NGOs to facilitate climate transitions ensuring participatory and inclusive processes that reflect the needs of community members (1).
Uganda (1)
(1) In 2020 ActionAid’s partner in Uganda continued to promote alternative, peaceful resistance methods with communities at risk of land grabbing, in various communities in the country. In some cases, this led to successful community campaigns that managed to stop land grabs, including in the case of a district in the North of Uganda, where women’s groups set up a singing campaign and managed to stop a planned land grab (see outcome 1Fb, practice changed). Peaceful resistance tactics were also promoted with other groups in the country. AA supported the partner organization through joint strategizing and with activity funding.
Zambia (2)
(1) ActionAid Zambia and its partners lobbied for community engagement in the review and finalization of the land policy, and engaged with traditional leaders and communities on provisions that could be improved. Together with the Zambia Land Alliance, they lobbied for these improvements to be included in the policy. As a result, the land policy has been finalized in a participatory and inclusive process piloted by ActionAid Zambia, including the inputs that ActionAid and its partners advocated for. Previously, communities had not been actively involved in this process, so this example provides a pilot for future policy revision processes in an alternative and participatory way.
(1) While the Alternative Mining Indabas at national, provincial and district level had to be cancelled as a result of Covid-19, ActionAid Zambia and its partners facilitated community-level Indabas where women and their communities could engage with duty bearers and corporations on corporate accountability. The Women’s Charter of Demands was used by communities to create their own agenda with duty bearers and corporations to discuss recommendations and follow-ups.
Zimbabwe (2)
(2) Partner organization ZELA, together with ActionAid Zimbabwe and other CSOs, organized the Zimbabwe Alternative Mining Indaba (ZAMI), an alternative platform for increased participation of often excluded but equally important stakeholders in the mining sector, such as host communities and policymakers from some government departments (1). During the ZAMI, participants formulated a Declaration outlining their recommendations for transforming the sustainability of the mining sector. Also, ZELA developed the ZAMI commitment register and outcome tracker. This register is transparent and inclusive, enabling all stakeholders to track what commitments were made and kept by government and corporate actors (1).
Outcome F: Practice Changed
Improved corporate policies and government regulations have been put into practice and enforced.
-
1.F.a
# concrete steps taken by governments to actively identify, prevent and mitigate adverse social, gender and environmental impacts of corporate activities and those in corporations' value chains.
All baselines are set at 0
AA NL (1): The Tanzanian government has decided to shelve the Bagamoyo investment, which ActionAid criticized in a report and outreach effort in 2015. AA NL contributed to this report and to facilitating dialogue between different parties, including donors and government. The decision by the government means the land of the community will not be taken for this investment, but further protection of their rights is needed. Zambia(1): Through a petition by the community (supported by AA partner) to the Minister of Mines, the Zambian Environmental Management Agency (ZEMA) was instructed to speed up the investigations and provide feedback to the people on the way forward. ZEMA has responded favorably by instituting investigations and has committed itself to making the results on water pollution investigations public before the end of February 2017. Kenya (2): 1. in 2016 one of the mining companies was expanding its operations exposing a nearby school to lots of dust. Parents in the school had to withdraw their children from the school. The community led by a partner organisation developed a petition that was taken to the Director General for National Environmental Management Authority by women. The DG came to the ground and the expansion was stopped. 2. ActionAid supported communities in another project location to develop a Charter of Demands regarding the investments of one of the bigger international agricultural farms. This Charter outlines the negative impact of the investments on the water conditions and communities and proposes steps forward on how to resolve the issues. This proposal was discussed at county and national level by policy makers and resulted in the lease for the Farm not be renewed.
Kenya (2): Joint work by ActionAid and Kenya National Commission on Human Rights, the independent advisory body of government on Human Rights, on protection of HRDs brought to the attention of KNCHR the various HR violations in the mining sector. As a result, KNCHR instituted a public enquiry into the HR violations (1). ActionAid led partner organisations and community groups to reflect on the community land law 2016. Using knowledge acquired from this process, one community stopped grabbing of their land by the area Chief who had secretly registered a group ranch and leased the land to a company for grazing. The communities quickly assembled, organized, assembled evidence and reported to the county commissioner (president representative in the county). The county commissioner got the community and the chief together and questioned about his action. The chief is now put to trial and the community land was not leased to the company. This is a result from communities knowing their land rights (1). Zimbabwe (1): A mining company’s Environmental Impact Assessment reports were not approved by the Zimbabwe Environmental Management Agency based on that the report did not show evidence of community consultation, participation and consent. Also the EIA report was not clear on relocations and compensation procedures by the company. However, the company proceeded to mine without the legal EIA report and this led ActionAid's partner CBO, with support of another partner organisation, to take the mining company to court on behalf of the community. The High Court of Zimbabwe interdicted against the mining operations for non-compliance with EIA laws. The Zimbabwe government also took steps to improve the engagement of communities in EAI assessment processes. The Zimbabwe Environmental Management Agency now actively supports and includes community participation in the EIA processes. Also community level EIA are now officially recognized. Zambia (4): Based on the advocacy by ActionAid with its partners, the Zambia Environmental Management Agency (ZEMA) has agreed to be providing updates and engaging with local communities on quarterly basis. This engagement is also aimed at strengthening the participation of local communities in the EIA processes. This enhanced engagement led to ZEMA demanding from the mining companies to start rehabilitation of the mine sites in which they are no longer active. (1) As a result from the advocacy actions of ActionAid and partners in 2016, ZEMA has improved their government practices in 2017. They have improved their transparency of the impact of the mining companies activities on water. ZEMA managed to get back to the community to give feedback as facilitated by ActionAid and its partner and explains on the issues of water testing and now they are sharing the water test results which was not the case before. There is a stakeholder platform which brings together mining companies and local government to hold interface meetings on issues of human rights violations. (1) ActionAid's partner organisation together with a local university conducted water research and reported violation of human rights. The investigations outcomes indicated that ZEMA was not consistent with providing oversight to mining companies and that mining companies needed to become more transparent in the process of conducting internal water quality assessments. The stakeholders platform of CSOs has since made proposals to ZEMA to provide updates to the community every quarter on the state of water quality. The mining company has accommodated the proposal to periodically engage with local council and the Health department as a way of transparently conducting water tests. These periodic engagement have started in 2017. ZEMA has also committed to be consistent in conducting spontaneous checks. (1) The parliamentary committee, as part of the public hearings for communities affected by mining, established engagement with mining companies to follow up on reports of non-compliance leading to pollution and mistreatment of workers. ActionAid together with three partner organisations made a proposal to the parliamentary committee not to make this engagement with the mining company as a one time off event but that it should be a continuous process. The committee committed itself by opening up access to the liaison office for the parliamentary committee so that communities can channel their grievances. The parliamentary committee collected the grievances about the corporate conduct of the mining companies expressed during the meetings and produced a report and presented it at the national assembly for discussions about the next steps. (1) Uganda (1): ActionAid partnerorganisation conducted trainings on nonviolent activism for community activists. The citizen awareness caused them to rise against a proposed corporate body, company and they resisted forceful land grabbing for sugar cane growing without government or the company following due process. As a result of the training for communities community actions following the trainings, the government has had to change its course of action on the same piece of land while the investor has decided to withdraw and lost interest in the area (1). Netherlands (2) Members of the MFA extractives team started to actively refer to women’s rights in mineral supply chains following regular engagement with AANL via the WG; moreover, Dutch MFA successfully pushed for a gender meeting at an OECD minerals forum following these engagements (1). Team members also gave general presentations referring to women’s rights in the presence of corporate actors to improve their due diligence on gender issues. The Dutch embassy in Uganda has taken steps to address shrinking space and its impact on an enabling environment for responsible corporate conduct in, including sending a letter to the Ugandan government together with other EU member states, engaging in dialogue and raising this issue in trade missions (1 ).
Zambia (1): ActionAid Zambia and its 3 partner organisations will engage with government to influence enforcement of the Environmental Impact Assessment and rehabilitation plans to minimize the impact of mining on communities. This will also allow for communities voice in determining the conditions to investors. It is expected that the EIA and rehabilitation plans will be enforced by government in 2018. Zimbabwe (4): The policy dialogue platforms organised at the national and local level by ActionAid's partner organisation will bring together government departments to develop joint quarterly compliance monitoring visits in mining areas aimed at actively identifying, preventing and mitigating adverse impacts of corporation activities. ActionAid's partner organisation will provide trainings on Environmental Impact Assessments (EIA) for communities and government and will propose to government that they need to ensure that corporations will correctly implement such environmental impact assessments. Kenya (1): ActionAid will promote to County Governments to introduce the exclusive liability principle in investments agreements to hold corporates fully responsible for any pollution or damage arising from their investments/operations. ActionAid and its partner organisations will partner with a research institution to conduct water testing to inform advocacy actions. Further, ActionAid and its partner organisations will engage the environmental tribunal to ensure fully implementation of the Environmental Management and Coordination Act of 1999. Lastly, ActionAid and its partner organisations will seek access to remedy for communities and with women survivors of human-wildlife conflict. We anticipate the government will establish a taskforce to independently look into the violations and prescribe measure by key players to prevent negative impacts of corporate activities. Netherlands (1): ActionAid will continue to lobby for the importance of taking into account human rights (OECD guidelines/ UNGP), land rights (incl VGGT and FPIC) and gender in investments and supply chains, including around trade missions organised by the Dutch government and embassies. (1)
Bangladesh (1): ActionAid Bangladesh and local communities engaged with the local government about the problems related to water logging in one of the project areas. As a result of these engagements, the local governments has taken steps to help solve the problems, such as the removal of excess water from certain areas (1). Cambodia (0): In July 2018, Cambodia had a national election. Before, during and after the election the tension was very high, hindering project implementation. The opposition party was dissolved in November 2017, there was only one party who allegedly won by a landslide victory and installed a one-party parliament (0). Kenya (2): As a result of the 2 community declarations on mining presented at the National Mining Baraza, and as a ripple effect of the executive order by the Principal Secretary for Mining (also in response to the declaration) that the Country artisanal miners’ association be disbanded and reconstituted with 3 artisanal miners as members, the county developed investment guidelines highlighting bare minimums for any mining company that wants to invest in the county. ActionAid Kenya and partners contributed by training communities in their basic understanding of rights, leading discussions centered on the generation and framing of aspirations and consolidating them into declarations, and by negotiating space for communities at the National Baraza to present the declaration (1). ActionAid Kenya’s partner arranged a discussion between a delegation of mining-affected communities and the Area Senator, after which the Senator called a public meeting attended by management of the associated mining company, elected leaders, and communities. From the deliberations, a public participation memorandum was agreed and signed between the community and the company, outlining critical short-term and long-term issues that the company should address (1). Zambia (1): ActionAid Zambia and its three partners engaged with ZEMA, the local authorities of two regions and other government departments on the need to enforce Environmental Impact Assessments (EIAs) and rehabilitation plans to minimize the impact of mining on communities. As a result of the engagement, local authorities incorporated EIAs into their strategic plans and in their environmental committee priorities, meaning that EIAs and rehabilitation plans are enforced at the local level (1). Zimbabwe (1): ZELA trained community paralegals and environmental monitors on Environmental Impact Assessments (EIA) and their implementations. Their work managed to unearth and document some of the evils that some of the companies were being involved in. ZELA produced a documentary on these issues that the community monitors had identified and it was entitled “Communities rights first: The State of Business and Human rights in mining” and can be found at https://www.youtube.com/watch?v=G_cmxlprbX8. The documentary captured the work of community paralegals and environmental monitors and some of the advocacy work and monitoring issues they challenged and managed to record positives out of it. The documentary was played on national television 2 times and it managed to pressure the government to react to the issues raised. In reaction to the documentary, the Ministry of Mines issued an order stopping all mining operations along Zvishavane highway and replaced the lenient regulations with stiffer chrome mining regulations to ensure environmental protection (1).
ActionAid will support government to change their practices by actively implementing at least one policy (FPIC, VGGT, or other) that will prevent or mitigate human (and environmental) rights abuses. (1) ActionAid and its partners will actively influence government bodies so that they will enforce mining corporations to undertake comprehensive and consultative Environment Impact Assessment based on the adverse impacts on the communities due to previous mining activities. With this pressure of government the companies will further put in place policies and practices on business and human rights that will benefit communities and the environment. (2) ActionAid and its partners will also pressure government in one country to enforce penalties on violations by mining corporations and to hold consultative meetings with communities. (2) As a result of pressure created by citizens due to AA work, government in one country will also improve the level of transparency in the land administration though implementation of the land policy. ActionAid will also support government to improve the functioning and capacity of the land administration. (2)
Bangladesh (9): • The District Commissioner (DC), the sub-district level water board (UNO), the local water board and the local Department of Environment will identify the impact of their work on communities due to their project implementations. This is a consequence of continuous meetings and pressure from social media deriving from advocacy work of ActionAid Bangladesh, HRDs and other partner NGOs. Concrete steps such as the implementation of compensation for displaced and forced unemployed people, the provision of training for alternative money generating activities and an adequate rehabilitation packages will be delivered by those agencies (4). • The Ministry of Land, the Ministry of Industry, the Ministry of Forest and Environment, the power plant company and the Cabinet Division will adopt and implement guidelines on business and human rights regulations pertaining to labour rights, compensation or resettlement arrangements and a rehabilitation mechanism on behalf of the affected community by the power plant in the Matarbari area. This process is supported by ActionAid Bangladesh’s lobby activities towards the government and joint identification of mechanisms to address social and environmental impacts on communities of the power plant and other major infrastructural developments (5). Cambodia (1): In 2019, the authorities will organize meetings and public consultations on the possible creation of a National Action Plan (NAP) for the implementation of the UNGPs on business and human rights, to which all relevant stakeholders from the public and private sectors will be able to participate. Particular attention will be given to gender representation and gender equality within the NAP policy, the access of women and minorities’ to an effective remedy will and to women’s participation at early stages of development process of the NAP (1). Kenya (1): ActionAid Kenya will lobby to the National Environmental Management Authority (NEMA) to tighten and strengthen adherence to the Environmental Impact Assessments (EIA) guidelines it its operatons. Currently, EIAs for proposed projects have not been inclusive and participatory. It is foreseen that NEMA will take those concrete steps, which will prevent and mitigate adverse environmental impacts of corporate activities (1). Netherlands (1): ActionAid will continue to lobby for the importance of taking into account human rights (OECD guidelines/UNGP), land rights (incl. VGGT and FPIC) and gender in investments and supply chains, including around trade missions organised by the Dutch government and embassies. We aim to see the Dutch government (especially the Ministry of Foreign Affairs/DGIS, DGBEB, embassies and RVO) actively identifying potential risks, raising awareness (or even building capacities) and promoting solutions and guidelines towards companies and key stakeholders. We expect that as a result at least one of the bodies mentioned will take concrete steps to make trade missions more human and women’s rights focused or will introduce new tools to ensure better and gender sensitive due diligence (1). Zambia (1): In 2019, the local government will take steps to better implement existing policies and procedures for ensuring communities’ rights to education and health in areas affected by mining companies and will put in place policy guidelines on how to implement those. This is partly the result of ActionAid Zambia and its partners’ continued lobby activities (1).
Bangladesh (4): Government bodies have taken concrete steps in Matarbari and Bagerhat. Matarbari: JICA and CPGCBL have begun initiatives to resolve issues raised by the community in the Matarbari area, although they have not yet done enough (1). Bagerhat: (i) REB (Rural Electrification Board) Bangladesh has stopped the transmission line over the Chapatala village in Bagerhat. This high voltage (440kb) line could cause unwanted accidents and be harmful for the community environment, (ii) DC office reviewed and increased land price for Rampal airport, (iii) DC Bagerhat ensured one stop service for affected people of Rampal airport through hearing process (3). AA Bangladesh and the affected communities supported by AA Bangladesh lobbied and advocated for this. The Netherlands (2): The Dutch Ministry of Foreign Affairs revised the corporate accountability guidelines for Embassies to make sure corporations supported by Embassies actively, identify, prevent and mitigate adverse impacts of their activities. These guidelines are also already implemented. ActionAid Netherlands in collaboration with MVO platform advocated for this (1). The Dutch Ministry of Foreign Affairs revised its guidelines on trade missions to include attention for (women’s) land rights, and already put this in practice during the trade mission to Nigeria. This was the result of a presentation of the Women Land Rights group, which ActionAid Netherlands is part of, at the Ministry to highlight risks of land grabbing and violations of women’s rights (1). Uganda (2): ActionAid Uganda and its partners have continued to support the development of lobby and advocacy capacities of the Kaweri people. With these skills, they have managed to successfully speak up and seek justice for their land through different avenues i.e. court, media, advocacy and petitions. As a result on 13 December the Attorney General offered to compensate them fully for their land and properties lost in 2001 during the eviction (1). ActionAid Uganda’s continuous engagement with The Ministry of Lands, Housing & Urban Development has led to the withdrawal of the Land Acquisition Bill pending amendments in order to deal with the concerns that AAIU and partners have raised during the year. These concerns were mainly related to the rights of women to land. (1). Zambia (1): ActionAid Zambia and its partner trained paralegal officers on policies and laws related to health and education in communities affected by mining, so that they could then perform social audits on education in their communities. They showed the results during interface meetings with the District Education Board Secretaries. As a result, the government has taken steps to better implement the existing policies and respect the rights of communities affected by mining, for example by recruiting qualified teachers in rural communities and providing learning materials (1). Zimbabwe (2): The Environmental Management Authority (EMA) in Zimbabwe issued an order to a mining company to rehabilitate the environment before decommissioning their operations, in accordance with the Environmental Management Act. This was the result of several complaints by community monitors, trained by ActionAid Zimbabwe’s partner ZELA (1). The Zimbabwe Human Rights Commission (ZHRC) has conducted independent investigations after complaints about mining companies were filed by environmental monitors, trained by ActionAid Zimbabwe’s partner ZELA. The ZHRC also shared the outcomes of its investigations with the communities, to support them in their efforts for proper redress. Both an investigation and sharing results never happened before (1).
Bangladesh (1): As a result of lobby activities by a number of NGOs, JICA (a Japanese government agency and investor) will take concrete steps to identify, prevent and mitigate adverse social, gender and environmental impacts in the region. The community has submitted several documents with demands to JICA, and JICA will resolve at least one of the mentioned issues in 2020, for example related to water logging (1). Cambodia (1): The National Authority on Land Depute Resolution is one of the government bodies to implement and resolve land conflicts for affected community people. This national authority has stepped in to try and resolve a the long-standing land dispute in a community supported by ActionAid; the target is that this will be achieved. This would be a result of years of community action and AAC and partners will have contributed to this result through years of advocacy work and support to affected people (1). Kenya (1): ActionAid Kenya and partners TTHRW, MRF, CHRCE, KFA will lobby the National Environment Management Authority to enforce the Environment Management and Coordination Act 1999 requiring environmental impact assessments/audits be conducted to ascertain impacts of projects on the environment. We anticipate the government will enforce the polluter pays principle and the remedy principles (1). Netherlands (2): In 2019 the Ministry of Foreign Affairs changed policies relating to corporate conduct within government support, specifically within trade missions and the financial support framework for corporations: attention to Human Rights Due Diligence is now a standard element in trade missions. ActionAid Netherlands in collaboration with MVO Platform will continue to engage and monitor implementation and as a result, we expect to see the government organize and facilitate meetings in the Netherlands and abroad that include the voices of civil society and other stakeholders concerned by corporate conduct (1). The Ministry of Foreign Affairs will more actively monitor the implementation of the VGGTs, Women’s Land Rights and Free, Prior and Informed Consent (FPIC) through for example the Land@Scale programme, trade missions or through the Multi-Stakeholder Dialogue on Land, partly as a result of ActionAid Netherlands’ lobby (1). Roving Advisor (2): At least two Human Rights Commissions (in Zambia, Zimbabwe and/or Uganda) will extend their mandates to investigate cases of human rights violations from corporate activities, and will provide appropriate steps to ensure perpetrators are accountable. This step will be the result of advocacy by the ActionAid offices in the countries, who will be able to do this based on training and knowledge provided by the Roving Advisor (2). Uganda (1): As a result of media, monitoring and mobilization work of ActionAid Uganda and its partners, the Wildlife Authority will no longer use violent means in order to evict people from their lands in certain areas (1). Zambia (1): In 2020, the local government (Mufulira Municipality, Kalumbila Town Council) will take concrete steps in ensuring communities in areas affected by mining companies have access to education and health services. This is partly the result of ActionAid Zambia and its partners’ continued lobby activities (1).
Bangladesh (3)
(1) FGG’s partner and a people’s commission in the Southeast of Bangladesh organized two advocacy lobby meetings with local administration on additional food support to the most vulnerable affected people during COVID lockdown and on allocating khas land to landless families (khas land is government owned fallow land). Eventually 7 landless families were allocated khas land by the district commissioner (1) AA and IRV mutually supported each other through joint strategizing, joint planning, and networking.
(1) The Life and Nature Safeguard Platform (LNSP), a national level CSO platform supported by FGG through joint strategizing and planning and occasional small grants, campaigned against a government plan to draw water from an ecologically important river for an economic zone. The LNSP proposed to save this Halda River and held a webinar to campaign for adoption of this plan. The Halda river is special as it is a fish breeding river, with particular species of fish. The Government plans to draw water from this river would have severely impacted the river ecosystem. As a result of the webinar and further mobilization of media and civil society to save the river, the ministry of water and river recently declared the river a national ‘Bangabandhu Heritage River’ to save its ecology and heritage. LNSP and ActionAid had a leading role in starting the campaign for the river.
(1) FGG’s local partner organisations supported people’s commissions in areas in the Southwest and Southeast areas of Bangladesh affected by large coal power projects, affected people and HRDs, to initiate two separate letter campaigns. They sent letters and SMS to the prime minister’s office of the Bangladesh government addressing problems they are facing. They asked for employment for affected people who lost their occupation due to the land acquisition for the infrastructure projects, and to address harassment by the local land official, administration and brokers. As a result, the government took action against land officials in one of the areas and local brokers (3 land officials and brokers were arrested, other land officials were transferred) (1). Note that advocacy by other organisations also contributed to this outcome . FGG and local partners mutually developed capacities through joint strategizing, joint planning and organizing, mutual linking and networking.
Kenya (3)
(1) In a region, a forest company has used evidence documentation from MRF (AAIK’s strategic and implementing partner) to charge the director of a salt company for destruction of houses and vegetation. As a result, the Chief Executive Officer, in charge of gender services for Kilifi county, is currently working with MRF and the communities to conduct social audits on workers conditions in the corporates active in the county.
(1) In a region, TTHRW (AAIK’s strategic and implementing partner) and another partner provided pro-bono legal support to women who did not have citizenship documents (identification cards) and therefore could not inherit land and property from their husbands to obtain the documents. After lobby and advocacy, visits to relevant government offices, media briefing, political and administrative leaders joined the call and as a result 20 women were issued with identification cards to confirm their citizenship and subsequently issued with letters of administration of property left behind by their late husbands.
(1) In Taita Taveta County, the County Government of Taita Taveta, Department of Mining (1) has committed (and implemented) to an alternative collaboration model between mining corporations and CSOs. It consists of quarterly meetings with CSOs towards expanding engagement and dialogue spaces to resolve any conflicts arising. Improvements are made in regards to the relations between the communities and the companies, women employees working conditions, and to fast track enactment and implementation of mining laws especially the community development agreement committees (CDAs). The above mining firms went further to allow CSOs’ unlimited access to their mining sites to conduct social audits on working conditions. This is a result of the alternative model proposed by AAIK and its strategic partners TTHRW .
Mozambique (1)
(1) As result of the advocacy by AA Mozambique, as member of ASCUT, the County Government is resettling the people from the insurgency zones in new secure zones near to towns in the provinces of Cabo Delgado, Niassa and Zambezia, and granting a plot of no less than 1 hectare of land for each resettled family to continue their agricultural activities. An extension worker for technical assistance is allocated for each village. The agriculture authorities are granting a kit of tools, and cereal and legume seeds for their production. Many people are having new land, but others still need to be assisted and resettled due to the large number of people living in the area. There is political instability due to Islamic groups in Cabo Delgado, Manica and Sofala.
Netherlands (2)
(1) The Dutch government adheres to the VGGTs, and to a certain degree FPIC is embedded, in the land@scale project identification and formulation phase. ActionAid the Netherlands successfully lobbied with Oxfam and Both ENDS for VGGTs, FPIC and Women’s Land Rights as central elements in the land@scale programme document and we monitored these ingredients during the inception phase and country programme development process.
(1) The European Commission made some concrete steps in a longer-term agenda of work, to increase and strengthen knowledge sharing on making agroecology a central part of sustainable food systems. To illustrate this, the EC held its first ever event on agroecology, convened by the influential Joint Research Council (JRC), as part of the EC’s intention to increase focus and build evidence on agroecology. As a result of ActionAid’s long-term advocacy efforts to shift governments and corporations to shift from harmful industrialized models of agriculture, towards agroecological practices that benefit farmers, the climate and ecosystems (including through influencing the Intergovernmental Panel on Climate Change report on Land, and engaging with EU negotiators on agriculture in the UNFCCC and EU) has made significant progress in the EU this year.
Uganda (4)
(1) Local leaders from a community in Northern Uganda decided to stop investors from grabbing land of the community groups. This happened after a local women’s group successfully used peaceful resistance tactics against land grabbing. The women were mobilized and trained in non-violent action by ActionAid Uganda’s local partner. The training covered topics including nonviolent resistance, undoing ideology, power analysis, pillars of support, pluralistic advocacy, drawing allies and storytelling for social movements. As a strategy, the women’s group composed songs and poems expressing their community’s resistance to being chased away from their land, in which the message was that “no one should take our ancestral land. This land belongs to us and our children and we will not allow anyone to grab it.” Together with their fellow community members they started a singing campaign in which they would start singing in large groups during any gathering, constantly repeating this same message, thereby confronting their local leaders which had an intimidating effect on them, who eventually notified the investors to leave their land (1). More trainings took place and land grabs were prevented in other districts of northern Uganda. AA supported the partner throughout the year through joint strategizing and activity funding.
(1) The Attorney General in 2019 accepted to compensate the people of Kaweri for their lost lands (see FGG annual report 2019). The process of registering consent to the offer was completed in 2020 and over 340 community individuals out of the 401 families have already accepted the government offer. AAU together with its partners have had engagements with the Attorney General and solicitor general to have the disbursements made. The process of engaging with the Attorney General has been ongoing in 2020. The case was further adjourned to 16th May 2021 to give the attorney general and solicitor general enough time to analyse the consent signatures of the Kaweri community and verifying the documents and bank accounts filed.
(1) The Ministry of Lands, Housing and Urban Development decided to boost the issuing of certificates of communal land ownership as a way of formalizing and documenting customary land tenure. Having formal documentation on communal land ownership lowers the risk of the land being grabbed. It was also agreed that women too are registered on the certificates (not just the male family members). These 2 government decisions (1) came after a series of engagement meetings with various Ministry of Land officers , undertaken by the Land Actors NGO platform that AAU is an active member of. AAU’s contribution to the process was to convene the engagement meeting between the Ministry of Lands officials and the Land Actors Platform, as well as to prepare and engage in the advocacy discussions. One member organization of the Land Actors Platform supported to fund the process of issuing the certificates which was an important enabling factor for this outcome.
(1) No more cases were reported in 2020 of the Uganda Wildlife Authority evicting people or burning huts in a community’s area in Norther Uganda as a way of forcefully evicting them from their homes. This is a direct result of AAIU’s continuous engagement with the authorities and media, highlighting the situation of these people and the multiple rights violations they continue to be subject of.
Zambia (1)
(1) As a result of lobby by ActionAid Zambia and its partners, in Chingola the government, through the two area Members of Parliament, demanded that a mining company places its corporate offices outside the mine premises, so that community members can easily access it and share their grievances. In addition, the government identified the lands where 89 affected families can be safely relocated to, and is now demarcating land for the public services that need to be set up as well.
Zimbabwe (1)
(1) The local authorities of Arda Transau acknowledged their responsibility in providing adequate public services and restored the water supply for communities in the region after almost two months of interrupted supply. Without adequate water supply, communities need to fetch water from a river that is contaminated by the waste from nearby mining companies. The restoration of the supply was the result of a petition filed by human rights defenders and paralegals in Arda Transau after they attended a petition writing workshop organized by ActionAid Zimbabwe’s partner ZELA.
1.F.b
# concrete steps taken by companies to actively identify, prevent and mitigate adverse social, gender and environmental impacts of their activities and those in their value chains.
All baselines are set at 0
Zambia (1): A partner organisation of ActionAid Zambia put pressure on one of the copper/nickel mining companies to support communities to mitigate their growing food insecurity that was caused by their relocation (which meant smaller plots of land to grow food). Because of the pressure from the partner organisation the mining company now support communities through conservation agriculture (including training and giving out better seeds). This helps people to produce more food on smaller plots of land.
Kenya (1): ActionAid partner mobilized elders and sensitized them on cultural norms that affect women in the mining areas and the rights violations of female day-labourers by the company’s staff members. To put this on the agenda of the relevant duty-bearers, the elders were supported by ActionAid's partner to hold a press conference. This was aired/ broadcasted on the TV prime news (1). As a result, the manager of the mining company (1) called a meeting with ActionAid's partner and asked the organization to hold forums with workers of his company to discuss labour rights. Zimbabwe (1): The recent EIA public consultation meetings held by a mining company on its proposed diamond exploration activities showcases concrete steps by the state owned enterprise to identify, prevent and mitigate environmental impacts that could potentially emanate from its operations. The consultation meetings were a result of the court case on the company's Environmental Impact Assessment (EIA). ActionAid's partner organisation supported a local CBO to file the case and supported their participation in the court case, as well as provided legal aid. This can also be attributed to the case against the company currently before the courts on the failure by the company to conduct the EIA process. Zambia (4): A mining company through the local council commenced the closing and fencing off of the trenches that were left unprotected which had been a threat to small children. ActionAid and its partner organisation have been engaging with the local council and the company. Last year ActionAid and its partner presented a petition to the Minister of Mines and this year the council moved on site to start fencing off and burying the pits left by mining (1) Mining companies have been made to make contribution payments to the Environment Protection Fund on a quarterly basis to the local council. In the past, mining companies were not consistent and sometimes they closed mines after years without addressing the mining physical impact. The local councils in the two mining areas also welcomed demands for setting up of environmental management committees with inclusion of CSOs which is a subcommittee of the District Development Committee to monitor remittance by mining companies but also provide technical guidance to the DDCCC in the best way to use the Environmental Protection Fund. ActionAid's partners engaged with two mining companies to advocate for the companies to send regular remittances to the Environment Protection Fund while the mine is still in operation. This will ensure that there is funding for rehabilitation of the region after the mining activities have stopped. (2) ActionAid's partner together with a local university conducted water research and reported violation of human rights. The investigations outcomes indicated that ZEMA was not consistent with providing oversight to mining companies and that mining companies needed to become more transparent in the process of conducting internal water quality assessments. The stakeholders platform of CSOs has since made proposals to ZEMA to provide updates to the community every quarter on the state of water quality. The mining company has accommodated the proposal to periodically engage with local council and the Health department as a way of transparently conducting water tests. ZEMA has also committed to be consistent in conducting spontaneous checks. (1) Uganda (1): Various organisations, including ActionAid, have put pressure on a flower company from 2016 onwards which resulted in the below practice changes in 2017. The flower company from which over 80 women were involved in an accident after a chemical exposure has been able to introduce some policy safeguards to ensure the employees‘ rights are respected and upheld. - The company committed to treat all the women who were exposed to the dangerous chemical in November 2016. - The company appointed a female doctor who will diagnose the women and give an independent report from that which the company has (initially the company had denied that the women were exposed to a dangerous chemical). - The company has begun putting in place safety measures for its employees such as protective gears (1). Mozambique (1): LANDESA is an American organization linked to the Illovo group. Illovo is a wholly owned subsidiary of Associated British Foods and is the largest producer of sugarcane in Africa. The company recently committed to protecting land rights throughout its supply chain with a zero tolerance for land ownership policy. In this context, Illovo has published its own Guidelines on Land and Land Rights (Land Guidelines) and a Road Map, which aims to support Illovo to implement its commitments, create a Land Policy Roundtable Committee, promote transparency and share the lessons learned. After taking these initial steps to improve the protection of land rights in its operations, Illovo now intends to move from commitments to practice, taking the next step to operationalize its commitments. In Mozambique, the Aqueduct of Maragra took another step and selected AAMoz strategic partner to support in this process of transition from commitment to practice. ActionAid partner's role is to evaluate the direct and indirect impacts of land investments, environmental, social, human rights and gender impacts arising from land investments and propose alternative practical means of action. ActionAid's partner organisation was invited to become a partner of LANDESA after a meeting that ActionAid's partner organized to present the research report on the impact of large investments on small producers, in 2017.
Zambia (6): ActionAid and the 3 local CSOs will engage mining companies to accommodate the social audit process conducted by the communities and are able to accept community reports based on findings form the use of score cards and companies are able to respond ActionAid and the 3 partners will engage mining companies to improve the implementation of their transparency policies and publish reports and present them to communities on the CSR projects undertaken for the development of the local communities. Zimbabwe (2): 1. The grievance redress mechanism platforms and engagement meetings organised by ActionAid's partner organisation involving the mining companies will emphasize the importance of companies taking concrete steps to prevent and mitigate adverse impacts of mining operations such as monthly monitoring reports. 2. The Independent environmental impact assessment community mechanism improved and introduced to new areas using lessons learnt by the Environmental Management Agency. This enables the communities to have access to the EIA reports and Environmental Management Plan of the Community which enables them to do work on the ground and report to the institution in order to take action on upholding the human rights. As a result it is expected that at least 1 mining company will better adhere to the EIA standards. Uganda (1) ActionAid will support its partner organisations to influence a corporation to improve their occupational hazards policy to minimize risks for employees. Bangladesh (2) We will organize meetings with the local governments and corporations/investors to promote the provision of appropriate livelihood options for those who have lost their livelihood due to the project investments.
Bangladesh (1): As a result of evidence provided by ActionAid Bangladesh, a large international investor has put in place additional compensation measures and services for local communities that are affected by the operations of a coal-fired power plant in one of the project areas. ActionAid Bangladesh provided evidence on the impacts of the plant on livelihoods, and engaged an international NGO to put pressure on the investor. The investor met with ActionAid Bangladesh and communities in the area, and agreed with many of their demands regarding compensation and rehabilitation (1). Cambodia (0): In July 2018, Cambodia had a national election. Before, during and after the election the tension was very high, hindering project implementation. The opposition party was dissolved in November 2017, there was only one party who allegedly won by a landslide victory and installed a one-party parliament (0). NL (1): In December 2018, ActionAid Haiti and communities of farmers celebrated a major victory after their official complaint with the IADB grievance mechanism led to an agreement between companies and communities on resettlement compensation. ActionAid Netherlands provided support to this case in the form of research, funding, advice and awareness raising (1). ActionAid Netherlands pushed with the energy companies that are part of the sector agreement to improve their due diligence policies and reporting. Due to our push, the covenant parties hired an external party to evaluate the due diligence policies and practices in order for the companies to improve their standards. This however did not yet result into a practice changed in 2018 (0). Uganda (1): A flower farm put in place an occupational hazards policy that focuses on minimizing risks of exposure to chemical burns such as precautions for entering an area, dress code etc. and remedies that can be given to victims in the event of such a hazard happening. This includes immediate first aid, such as victims being taken to the clinic. ActionAid Uganda began engaging with women in the flower farms in 2016 after they were exposed to chemical poisoning in the farm. Since 2016, two capacity development exercises have been held for the union members who work in the flower farm on organizing and advocacy. Their capacity in demanding for a policy was strengthened hence this result (1). Zambia (6): ActionAid Zambia capacitated its three partners on social audits, and the partners engaged three mining companies on these issues, also involving communities by presenting them with the report cards that were generated during the social audit processes. The engagements saw a number of noticeable results: - One mining company responded on the water supply issues raised by communities and set up several meetings with them to solve the issue (1). - The same mining company also took action on the results from the social audit report that showed that women in the mining communities are not economically empowered, by setting up income-generating projects for women related to ‘green charcoal’. Another mining company, also pledged to set up projects to mitigate the high unemployment rate, but has not taken concrete steps yet (1). - All three mining companies now set up meetings once every six months to discuss the results from the social audit reports, and how to mitigate identified problems (3). ActionAid Zambia’s partners participated in in Provincial Alternative Mining Indabas, supported by ActionAid, where they engaged mining companies, government representatives and CSOs. As a result of these engagements and engagements on the local level, one mining company is now sharing its corporate social responsibility reports as well as social policies, for example related to resettlement, with the partners and the community. Also, the mining company has set up constant engagement mechanisms (1). Zimbabwe (1): Communities in one of the project regions where environmental monitors were trained have been doing independent environmental human rights monitoring in mining areas in 3 wards. Two mining companies have been reportedly working closely with communities and community monitors to ensure less grievances on environmental issues and human rights issues. The monitors have managed to bring the new investors to order through bringing them before the traditional leaders for violations inclusive of cultural rights, land rights and environmental rights (1).
In one country, ActionAid and partners will influence at least one company in a natural-resource based sector to implement a stronger due diligence policy. As a result of ActionAid and its partners pressure, mining corporations in one country will mitigate adverse social, gender and environmental impacts of their activities as part of their environmental impact assessment. They will also strengthen workplace policies with focus on social and gender issues and their community engagement offices. This will result in at least 2 concrete steps taken by the targeted corporations.
Bangladesh (4): In 2019 three corporate companies (1)3) and one investor (3) will (partially) adopt the UNGP on Business and Human Rights and adhere to its guidelines in internal and external management processes. AA Bangladesh will contribute to this by facilitating meetings, fora and media to insist on accountable corporate arrangements. It is anticipated that the amended corporate arrangements will alleviate negative social, gender and environmental impacts on affected communities. Cambodia (1): A major mining and trade company will be sensitized about and internally discuss the negative impact of their operations in the MDS SEZ as a consequence of the follow up discussions with the company, facilitated by ActionAid Cambodia and organisational partners based on their research findings in the area (1). Kenya (1): One company will install dust arresters to prevent and mitigate pollution because of mining activities in the area of Kishushe which are causing health problems to neighboring communities. In this process, ActionAid will continue to facilitate multi-stakeholders discussion to push other mining companies to fix dust arresters until it is done, and thereby combat adverse social, gender and environmental impacts (1). Netherlands (1): • At least 1 Dutch company, for example in the wind energy sector, will execute stronger human rights due diligence in its supply chain policies, as a result of ActionAid’s engagement with companies in the energy, agriculture, financial and other natural resources related sectors on different standards related to human rights, during for example government-led Multi-Stakeholder Dialogues (1). • As part of our broader strategy to improve corporate practices, ActionAid will support our Southern partner organisations as well as communities in claiming their rights around specific cases for which they request our support. No specific target is set here, as this support is not clear yet (0). Uganda (2): • As a result of ActionAid Uganda and partners’ engagement, we expect one company to reduce the employment of underage children in its operations (1). • As a result of increased advocacy at the national and international level by ActionAid Uganda and other CSOs, we expect one company to introduce better mechanisms of handling chemicals at its farms as a way of reducing chemical poisoning (1). Zambia (1): At least one mining company will buy silica directly from local women instead of from middlemen. This will contribute to local women getting a fair price for their products. This step is the result of advocacy work of women, supported by ActionAid Zambia and its partners (1). Zimbabwe (2): • ActionAid's partner organisation will facilitate dialogue meetings on sustainable mining and grievance redress mechanisms with mining companies. In these meetings, the partner will emphasize the importance of companies taking concrete steps to prevent and mitigate adverse impacts of mining operations, for example in the form of monthly monitoring reports. As a result of these dialogues, it is expected that at least 1 company will improve its practices to rehabilitate the mining area (1). • The independent EIA community mechanism was improved and introduced to new areas using lessons learnt by the Environmental Management Agency (EMA). It will enable community monitors to have access to EIA reports and Environmental Management Plans. This will make it easier for community monitors to work on the ground and report to the EMA on human rights violations. Combined with ActionAid's partner organisation’s trainings, lobby and advocacy, and the won court case in 2017, it is expected that at least 1 mining company will better adhere to the EIA standards and will implement them correctly (1).
Bangladesh (10): Matarbari: (i) CPGCBL and JICA have handed over the rehabilitation building project for displaced families. 30 family already shifted to the new houses out of 45 families. CPGCBL also paid each family 3000tk for shifting their belongings, (ii) Provided jobs for 42 displaced family members out of 45, (iii) Matarbari Union Parishad (MUP) has built a water drainage system (second pipeline) through support by CPGCBL, (iv) 620 displaced workers out of 1150 (enlisted) has compensated by CPGCBL each 2,80,000 taka. (v) Around 1200+ local workers employed by construction companies of Matarbari CPP based on recommendation of JICA and CPGCBL, (vi) 400 affected land owner received additional compensation for livelihood each 220000tk from CPGCBL. (vii) Provided one stop service for distribute compensation by CPGCBL through a compensation fair organized by CPGCBL and JICA, (viii) Construction works of alternative road has started for carrying goods of Matarbari CPP by R&H, CPGCBL and JICA, (ix) CPGCBL reviewed land price and given top-up compensation for land which increased 3 times of previous rate. Disbursed top-up 300+ affected land owner out of 800+. (x) SUMITOMO and CPGCBL started dredging Koheliya river, although more needs to be done. All this was achieved in large part by coninuous lobbying and advocacy work by AA Bangladesh and the affected communities supported by AA Bangladesh. Zambia (3): ActionAid Zambia and its partners strengthened the capacity of Human Rights Defenders to enable them to engage with mining companies on violations of human rights. The HRDs then put pressure on a company to safeguard communities’ rights to water. As a result, the company resumed the water project that they had suspended after accusations from the community that the mine was polluting the water. The water project will ensure that communities have regular access to drinking water (1). One mining company has opened its doors for local women to sell silica directly to the company, which shows a change in behavior. Unfortunately, the local women need mining licenses from the government to sell the commodity, and this process takes a long time. ActionAid Zambia and its partner have lobbied to the company to take this step, and are now helping the women cooperatives to obtain an exploration license, which is the first step towards obtaining the full license (1). ActionAid Zambia and its partner held youth meetings on economic empowerment and entrepreneurship which requires people to be industrious and be self-employed. The partner invited the mining company to be part of the process so that they can support the youth. Through this engagement, the mining company then offered support by organizing a green charcoal production project and trained women and youth on how to venture into this project. Now youth and women are engaging on green charcoal production and earning a livelihood (1).
Cambodia (1): AAC and CCHR will work together to encourage a rubber company to implement and act on its grievance mechanism and sustainability policy. The community people will be consulted in order to assess whether the policy is improved, transparent and accessible or not (1). Kenya (2): ActionAid Kenya and partners MRF and TTHRW will lobby salt companies. As a result, they will open blocked access roads and provide protective gears to workers (1). A mining company will fit dust arresters (1). Netherlands (1): As part of our women’s rights campaign, ActionAid Netherlands will engage with business women and corporations on the gendered impacts of their activities. As a result we expect at least one corporation will take concrete steps to identify, prevent and mitigate adverse gender impacts of their activities in their supply chains, such as implementing the OECD guidelines (1). Uganda (2): Because of ActionAid Uganda and partners’ engagement with a coffee company, we expect it to reduce the employment of underage children in the coffee farms (1). People have been evicted from their land for a coffee plantation without their consent and without proper compensation. The community has waged a long-standing battle against this, including a case that is now in court. ActionAid Uganda its partners have consistently supported the community in their struggle. We expect that the owners of the plantation will now work together with the affected communities in a mediation process in order to find a solution for the evictions (1). Zambia (2): At least one mining company will engage women for the fair access and sustainable utilization of land and natural resources within the women’s vicinity and harness women’s capacity to protect their rights. This step is the result of advocacy work of women, supported by ActionAid Zambia and its partners (1). One mining company will be transparent on its acid plant business operation and relocation of the affected households, partly as a result of ActionAid Zambia’s activities together with the partner on engaging the local government and the mine on issues of pollution (1). Zimbabwe (2): At least one mining company will improve its practices to rehabilitate the mining area as a result of grievance redress mechanism platforms and engagement meetings organized by ActionAid’s partner organisation ZELA. ZELA will also continue to monitor other commitments of companies made during these meetings (1). At least one mining company will better adhere to the Environmental Impact Assessment standards and will implement them correctly. This is the result of ZELA’s continued work in training community monitors, so that they can track companies’ performance and report misconduct to the Environmental Management Agency, which adds pressure to the companies to behave correctly (1).
Bangladesh (4)
(4) In response to advocacy and lobby efforts by FGG, the local partner NGO and the local people’s committee, the Bangladesh Coal Power Generation Company (CPGCBL) organized a 3 day long compensation fair in the Southeast of Bangladesh and distributed compensation checks to 107 land owners for land (1) , 62 land owners for livelihood and 235 workers for lost livelihood (2). Moreover, the local government provided additional food support to 560 families who were excluded from the main list (3). In addition CPGCBL provided food support to 2000 families.
Cambodia (3)
(1) AAC and its strategic partner CCHR visited a rubber company’s office. We witnessed some improved infrastructure such as school building, health center for worker and a building for workers to stay with their families. This is practice change after lobby and advocacy done by AAC and its strategic partner CCHR. However, there is still complaint from the community people about the bad smell of rubber.
(2) CCHR, financially supported by AACambodia, visited areas with land conflicts between 4 communities and Thai and Taiwanese co-owned companies (2). After these visits and lobby based on the gained evidence by the communities, the KKP and KKS have offered some remedies to the affected residents, but it has not fully satisfied the claimants. Though, these were better than other cases in which corporate accountability was even more limited.
Kenya (3)
(1) Samrudha Resources Limited waters all trading centres every morning (1), to reduce on loose soil and dust affecting people. This is a result of lobby efforts done by TTHRW, strategic and implementing partner of AAIK. Furthermore, through pressure from MRF (strategic and implementing partner of AAIK), the salt mining companies in Kilifi have advertised under procurement procedures for certain roads to be repaired and reopened to the public after being closed or privatised by the salt companies.
(2) In Taita Taveta County, Bridges International limited (1) and Samrudha resource limited (1) have committed (and implemented) to an alternative collaboration model between mining corporations and CSOs. It consists of quarterly meetings with CSOs towards expanding engagement and dialogue spaces to resolve any conflicts arising. Improvements are made in regards to the relations between the communities and the companies, women employees working conditions, and to fast track enactment and implementation of mining laws especially the community development agreement committees (CDAs). The above mining firms went further to allow CSOs’ unlimited access to their mining sites to conduct social audits on working conditions. This is a result of the alternative model proposed by AAIK and its strategic partners TTHRW.
Uganda (1)
(1) There have been no more reports of children employed in the coffee farms by Kaweri Coffee Ltd nor exploitation of women as was previously reported. This is likely due to efforts by AAIU and partners in keeping these issues alive in the media and with all stakeholders (1).
Regarding the Kaweri case, the process of registering for individual compensation of the decades old mass land grab by a coffee company (e.g. by collecting consent signatures of plaintiffs) has been ongoing after delays due to Covid restrictions. (see above under 1Fa). AA and partners have been instrumental in supporting the community in this process.
Zambia (2)
(1) As a result of lobby by ActionAid Zambia and its partner, a mining company has started training women on smart agriculture and conservational farming, so that they can improve their livelihoods.
(1) As a result of lobby by ActionAid Zambia and its partner, a mining company provided training to teachers at several community schools in the area, so that the quality of education can be improved.
Zimbabwe (2)
(1) One mining company removed waste that they had dumped on communities’ farming grounds, following a letter written by Parliament pointing out the company’s violations in terms of waste management. This letter was the result of ActionAid Zimbabwe and partner ZELA engaging with the Parliament on the company’s environmental and human rights violations.
(1) The Zimbabwe Consolidated Diamond Company set up a sewing factory to improve employment opportunities for women affected by mining. This was the result of lobby by women’s forums in Marange, after they had been trained by partner ZELA with financial and strategic support from ActionAid Zimbabwe.
Outcome E: Policies Changed
These include improved government and corporate policies on corporate accountability, including transparency and safeguards policies, conflict resolution mechanisms, and policies promoting social justice, decent work and sustainability.
-
1.E.a
# mechanisms, policies and regulations improved or introduced by national, regional and international government bodies to ensure companies promote more sustainable practices and are held accountable for respecting human rights and the environment and providing adequate remedy to victims of adverse impacts.
All baselines are set at 0
AA NL (2): - AA NL has made recommendations towards Dutch government and OECD (eg through OECD watch) in the past years, that contributed to the development and launch (March) of an OECD-FAO guidance note for agricultural supply chains that includes VGGT and land rights and Dutch government promotion of FPIC (not included in the end) in that process. (AAInternational also towards FAO) (1). - An AA NL proposal, in cooperation with Both Ends, for ensuring sufficient support to land rights and particularly to grassroots women’s land rights defenders resulted in the Dutch government allocating extra budget (500000 euros) for 2017 to address this cause. (1) - An EU law on conflict minerals was adopted with inputs from ActionAid and other NGOs, yet the result was less than hoped for. AA's engagement with the Dutch Parliament has led to the adoption of a motion that calls on the government to incentivize companies not only to look at tin, tungsten, tantalum and gold in their due diligence (for which there is a legal obligation) but also look at other potential ”conflict minerals”. This is yet to be turned into policy. (0). Kenya (1): The community land law passed in August 2016 now includes an important recommendation from CSOs and communities that corporates can in the future only invest in land with the consent from communities. In the Community Land Law, that was gazetted in August 2015, many of the inputs resulting from community consultations had been removed. In response to this, ActionAid Kenya collaborated with the National Land Commission to bring together sixty community members to deliberate on the new Bill. ActionAid Kenya ensured that consultations took place with communities and CSOs; that communities presented memorandums and defended the gains that had been recognized by the draft law. When the Community Land Law passed in 2016, it provided a framework for management of community land. It now includes an important recommendation from CSOs and communities that corporates can in the future only invest in land with the consent from communities.
Zimbabwe (1): ActionAid through its partner organisation provided financial support for lawyers on a case they brought to the High Court. The High Court of Zimbabwe‘s interdict against a mining company's operations for non-compliance with EIA laws showcases the courts as an effective legal platform for CSOs and communities to seek for redress and for resolution of grievances with governments and companies regarding environmental and human rights impacts. This court case outcome can be used as a precedence in court for other noncompliance of mining companies to EIA laws. Also the regulations of ZEMA (Zimbabwe Environmental Management Agency) have changed as a results of the court case. ZEMA now has to consider the community EIA’s reports as part of the EIA process to approve mining companies plans before the can operate. Zambia (1): Government through the District Councils (DC) have adopted the proposal by CSOs, including ActionAid, to strengthen the role of District Environmental Committees by including CSOs and focusing more on supporting ZEMA (Zambia Environmental Management Agency) in enforcement of environmental regulations. The DCs will also act as a bridge between the committee and ZEMA. In their strengthened role the DCs are better placed to hold mining companies to account as they operate more locally and can identify adverse impact of mining activities more quickly. Bangladesh (2) The Government amended the ‘Acquisition and Requisition of Immovable Property Act 2017’ in September 2017 and the amended law includes improvements with regards to the level of compensation for loss of land (from 150% to 200% in case of public investments and to 300% for private investments); it also broadens the categories of people entitled to compensation and rehabilitation. FGG contributed to the improvement of this law by supporting CSOs and affected communities to raise their voices. AAB supported CSOs that advocated for the law to change and organized training workshops with communities to advocate for changes in laws and policies regarding land rights (1). The high court of Bangladesh passed an order to direct the government not to approve any factory within 10 km of the Sundarbans mangrove area based on a petition by Save the Sundarbans Foundation. In the process preceding this ruling and as part of a wider civil society movement and campaign, various local CSOs addressed the issues around the Sundarbans and advocate for the protection of the area (1). Uganda (1) The continued advocacy and resistance from communities that ActionAid and its partner organisatin deals with has made the government rethink its proposal towards amendment of Article 26 of the Constitution. The amendment has been taken back to Ministry of Lands Housing and Urban Development for redrafting to remove clauses (1). Netherlands (2) The new government framework committed to put forward more binding rules for responsible Business conduct in supply chains if after evaluation it turns out that the current voluntary policies did not bring about the desired result. AANL individually and as a member of MVO platform continued to push for binding regulation within the sphere of corporate accountability. This is likely to have contributed to the government’s commitment to consider further measures. (1) The government action plan on responsible coal sourcing include specific actions to address risk in the coal supply chain when sourcing from South Africa, which was not the case for the 2016 plans. The inclusion of SA in the 2017 plans ( BOTH GOV AND UTILITIES) was a result of the continued awareness raising of AA on the human rights violations in South African coal mines as of 2014 by publishing a report in 2014, regular meetings with GOV and utilities. The multistakeholdermission to SA, that was organised by ActionAid, the utilities and the Dutch government, in 2016 was key – and led to a understanding of the sector agreement parties to specifically address SA in its action plans. (1)
Kenya (1) Currently, Kenya is developing a mining vision at national level. From our work with counties to put in place mining visions, and from our anticipation that 2 counties will put in place mining visions, this will introduce a policy/ regulations for holding companies accountable for respecting human rights. Uganda (1) ActionAid participates in drafting the amendment of the LAA 1969 and we expect it to be discussed and passed into law by Parliament. The amendment caters for cardinal human rights principles such as FPIC. Bangladesh (1) Based on our planned law and policy review findings, ActionAid will organize a dialogue with the government. One key recommendation would be to have compensation for landless people included in policy amendments and we aim for this to happen in 2018. Uganda (1) Currently, an Agriculture, Food Security and Nutrition law is being developed by the parliament. CSOs including AAM have already started revising the draft proposal of law to ensure that the communities’ rights and interests are taken into account. Key recommendations focus on 1) inclusion of Conservation Agriculture, 2) more focus on smallholders with limited options to invest in ‘modern’ tools and technology instead of only on more industrialized forms of agriculture, and 3) to make use of a database developed by AA and partner organisations on land occupation and other land related issues in order to have a realistic basis on which to design the new law. AA Mozambique and other CSOs will lobby for the parliament to incorporate the proposed changes as formulated by civil society into the new law. We expect that this will happen in 2018. Netherlands (3) - ActionAid will lobby for including (women’s) land rights in the new Aid&Trade policy, as well as other key policies being developed by the government. Where possible ActionAid takes further steps to support VGGT implementation in line with our recommendations VGGT scorecard published in 2017. (1) - ActionAid will lobby for FPIC directly as well as support the joint work of CSOs on FPIC, such as the organisation of workshops to build the capacity of government officials on integrating FPIC in policy legislation on land matters and land-related investments (eg extractives and agriculture) (1) - By participating in and providing input into various sector agreement negotiations and ongoing lobby towards Ministry of Foreign Affairs and Parliament, we will promote ambitious policies of the Ministry of Foreign Affairs to address risks in mineral supply chains that affect communities. (1)
Bangladesh (1): Early 2018, ActionAid Bangladesh supported and contributed to the organization of a dialogue meeting with a large international bank and national and international CSOs about the bank’s draft Project Affected People’s Mechanism (PPM) and Policy on Public Information (PPI). These drafts were based on the People’s Safeguard Mechanism that was introduced by ActionAid Bangladesh. Following this meeting, the bank finalized its policies taking into account several recommendations of the CSOs present at the meeting (1). Cambodia (3): Social Land Concessions (SLCs) comprise one of the resolution schemes of the Royal Government of Cambodia (RGC) to redistribute land to landless and land-poor farmers. However, the RGC has not applied this scheme consistently, causing project-affected communities to mobilize and demand its implementation. In one of the project regions, after a decade of advocating to get their lands back, 329 affected families finally obtained SLCs and there are 383 affected families submitting their requesting letter and other documents to the provincial governor for SLCs. ActionAid Cambodia and its partner are members of the Sugar Justice Network, a CSO collective that has been advocating for a solution to the ‘blood sugar’ land disputes. To this end, they have had many meetings with various Ministries to push for the implementation of the SLC scheme for these 712 families (1). One of ActionAid Cambodia partner’s mandates is to provide legal advice to all affected communities across the Kingdom. In relation to one case, the partner has helped 175 communities and another 200 communities (in two instances) with L&A efforts towards compensation packages [remedy], which were eventually adopted by the Ministry and the associated company. Specifically: • Following a peaceful march on Phnom Penh by 175 families involved in a long running conflict with a sugar company, the government officially announced to solve their cases along with another 200 affected families from the same province, by compromising with the owner of the company to resolve the conflict by offering compensation packages of $2,500 with 3 hectares of cultivated land for each of the 175 families, and 1.5 hectare of land for each of the 200 families (without cash compensation). Those families received the package of compensation on the same day at the Ministry and the land will be managed to grant to them later (1). • On 30 June 2018, the provincial authorities offered a compensation package of $3,000 and 2 hectares of land per family to another 317 affected families in one of the project regions. All the affected families accepted (1). Kenya (0): Although the process of developing county mining visions and a national mining vision was initiated, it was not completed during this reporting period. We hope to be able to report this for 2019 (0). Mozambique (0): ActionAid Mozambique planned to influence the development of the Agriculture, Food Security and Nutrition Law. However, the Parliament did not schedule the discussion of the Law this year, so this target is included in the 2019 plans instead (0). NL (10): ActionAid Netherlands regularly carried out policy advocacy with the Ministry of Foreign Affairs, parliamentarians and through the media. One major achievement is that the VGGT, FPIC and women’s land rights are now central to the programme document of Land@Scale, a new Dutch land governance support programme that will be launched on March 5, 2019 (1). A second achievement is that the Dutch government has put its commitment to develop new cross-departmental policy to strengthen women’s land rights based on the VGGT in the programme document as well (1). After extensive lobbying by ActionAid Netherlands in previous years the Ministry of Foreign Affairs pledged in the new Aid & Trade policy note to constructively engage with the UN Binding Treaty on Business and Human Rights (1). After extensive lobbying by ActionAid Netherlands in previous years the Ministry of Foreign Affairs pledged in the new Aid & Trade policy note to consider binding regulations for corporates after the voluntary sector agreement evaluation in 2019 (1). ActionAid Netherlands used the ‘Monitor Brede Welvaart’ publication to influence the Parliament on sustainable production and consumption in the extractives value chain. A PvdD MP submitted a motion to mainstream this publication in all Ministry of Foreign Affairs’ policies. The motion was adopted (1). Following ActionAid Netherlands’ lobby towards the Parliament on the need for human rights safeguards in wind turbine supply chains, two motions were adopted calling for 1) more transparency in these mineral supply chains and 2) the government to investigate how the UNGPs can be included in tenders of wind turbines and solar parks (2). ActionAid Netherlands provided MPs with written input on corporate accountability in relation to women's rights in the run up to the debates on the annual aid & trade budgets. As a result, corporate accountability was a strong focus of the debate, with SP, Groenlinks and PvdA MPs pushing for pledges from minister Kaag. 3 motions were passed on corporate accountability, 1 leading to a stricter supervision on standards for corporations by embassies, and 2 leading to a more thorough evaluation of the voluntary sector agreements (3). Zambia (1): ActionAid Zambia and its partner organisations engaged with the Human Rights Commission and the Social Services Department of the government to establish a Human Rights Defenders Desk. As a result, the Desk was put in place at both the local and the provincial level. Communities can file complaints, and the Human Rights Commission deals with the issues related to human rights abuses. As a result of the Desk, it is easier for communities to hold companies accountable for respecting human rights and the environment on the local level (1).
ActionAid and its partners in three countries will support communities to understand and contribute to the development, amendment and enactment of laws and bills regarding land and the extractive sector by government at county and national level, leading to 5 changed policies.
Bangladesh (1): In 2019 the Land Reform Board will improve the existing Acquisition and Requisition of Immovable Property Act 2017 by incorporating (parts of the) Land Acquisition and Compensation policy developed by ActionAid Bangladesh and partners. This policy includes basic principles such as the treaty on Business and Human Rights, FPIC and the independent-third party Environmental Impact Assessment (EIA). The law amendment will therefore result in the improvement of the national law on land acquisition for commercial purpose and hence protect vulnerable communities from land grabbing and forced displacement (1). Cambodia (4): ActionAid Cambodia and its partner organisation anticipate that, through their lobby and influencing work towards the Ministry of Land Management, Urban Planning and Constructions, the Ministry of Environment, the Ministry of Agriculture and the National Assembly, those major corporate agencies will have incorporated (elements of) UNGP, FPIC and VGGT for improved accountability within their corporate policies. In 2019 the Law on Access to Information will be endorsed and enacted, as a result of lobby and advocacy work. The enhanced accountability will promote transparency in upcoming decision-making, and will also encourage other CSOs to use the upcoming law as an advocacy tool (3). Kenya (3): • The government body the Kenya Wildlife Services, Sanctuaries National Assembly is set to review its Wildlife Conservation and Compensation Act of 2013 and ActionAid will support communities in project sites to develop and submit memorandums to parliament for adoption. As a result of this, Kenya Wild Services, sanctuaries and conservancies will hold themselves accountable by acting according to a mechanism of accountability for respecting human rights and the environment and providing adequate remedy to victims of adverse impacts (1). • The Community Land Act 2016 was formulated and endorsed in 2016 and guidelines to operationalize the act will, through the support of ActionAid Kenya, make the implementation possible. ActionAid will facilitate communities to petition the National Assembly to fast track the process. Through this, the National Assembly will pass those guidelines (1). • ActionAid Kenya is working to develop and implement, jointly with the government and especially the county governments of Kitui and Taita Taveta, a mining vision in place tailored to the Kenyan context, that is currently absent. This will evolve in a policy/regulation for holding companies accountable for respecting human rights (1). Mozambique (2): • CSOs in Mozambique, including ActionAid Mozambique’s partner, are discussing possible revisions to the Land Law to ensure that it takes into account the rights of small farmers and communities and does not just focus on the advantages for the private sector. As a result of the partner's and other CSOs' lobby activities, it is expected that the Parliament will incorporate the proposed changes in the revised Land Law (1). • ActionAid Mozambique will continue to support and monitor the design of the Agriculture Law. They will advocate to separate the Agriculture law from the Food and Nutrition Law, to ensure that it reflects the needs of local communities and small farmers, especially women. Also, they will lobby for FPIC to be included. As a result of these lobby activities, it is expected that the Government will include at least one of these elements in the actual Law (1). Netherlands (4): • ActionAid will lobby for a stronger focus on women’s land rights and implementation of the VGGT in Dutch Aid and Trade policies, particularly policies about private sector development, CSR and food security. As a result of this, the Ministry of Foreign Affairs will mention in at least one policy letter that they aim to strengthen support for women smallholders and land rights/land governance. Where possible, AA takes further steps to support VGGT implementation in line with our recommendations from the VGGT scorecard published in 2017 (1). • The Dutch government will improve at least 1 policy related to stronger protection of women’s rights and gendered due diligence in CSR, trade and investment policies as a result of ActionAid’s lobby activities in 2019 (1). • By participating in and providing input into various sector agreement negotiations and through ongoing lobby towards the Ministry of Foreign Affairs, ActionAid will push for strong safeguards on human rights, in particular gender and land rights. As a result, we expect that in at least one of the sector agreements these strong safeguards will be included (1). • The Ministry of Economic Affairs and Climate will include human rights references in relation to mineral supply chains in their policies related to wind energy, as a result of ActionAid’s awareness raising on the need for addressing risks in renewable energy supply chains in government policies through bilateral meetings, media outreach and public speaking (1). • ActionAid will lobby for FPIC directly as well as support the joint work of CSOs on land-related legislation and investments. As a result, we aim for Dutch government departments and Parliament to adopt components of FPIC into key land-related policies (on CSR and agriculture, for example), which will ensure involvement and decision-making power of communities in future land investments. No specific targets are set here for 2019 yet (0). Zambia (1): Partly as a result of ActionAid Zambia and partners’ policy dialogues and advocacy meetings, the Ministry of Mines will revise the 2013 Mineral Resources Development Policy in 2019. This Policy will consider recent developments in the mining sector in Zambia and the need to domesticate the Africa Mining Vision, and will contribute to more sustainable practices of mining companies (1).
Kenya (2): The Wildlife Conservation and Compensation Act of 2013 was reviewed. ActionAid Kenya supported communities to engage with the process. As a result, a proposed amendment to place the Grievance and Compensation Committee at provincial level was successfully challenged by communities and is now placed at county level. Communities argue is it is easier to access compensation at county than provincial level (1). The County Assembly of Kitui discussed the report of the exchange learning visit to South Africa that ActionAid Kenya and its partner Centre for Human Rights and Civic Education undertook in 2018, including their recommendations against coal mining. As a result, the County Assembly adopted a position opposing coal mining in the area of Kitui (1). Mozambique (1): As part of the Agricultural Sector Coordination Committee (CCSA), the Ministry of Agriculture and Food Security adopted the new Agrarian Sector National Investment Plan, with measures to ensure that communities better benefit from agrarian policies (2019-2023). ActionAid Mozambique’s partner ASCUT, who is also an active member of the CCSA, lobbied for this adoption (1). The Netherlands (8): The Dutch Ministry of Foreign Affairs strengthened review procedures for corporations’ adherence to human rights standards implemented by private sector instrument implementer (RVO). ActionAid Netherlands in collaboration with MVO Platform advocated for this in the run up to parliamentary debates on trade & trade facilitation (1). The Dutch Ministry of Foreign Affairs strengthened review procedures for corporations’ adherence to human rights standards for corporations taking part in Dutch trade missions. ActionAid Netherlands together with MVO platform advocated for this in the run up to parliamentary debates, this resulted in a motion by PvdA and SP which was adopted and then implemented (1). The Dutch Ministry of Foreign Affairs improved its strategy to reach the ‘90% of large Dutch corporations adhere to OECD guidelines by 2023’ indicator. The Ministry decided to review its strategy after Members of Parliament brought the issue up in Parliament, as a result of lobby by ActionAid Netherlands and MVO platform (1). Human rights due diligence legislation was adopted by the Dutch senate in order to actively identify, prevent and mitigate the issue of child labor. ActionAid Netherlands together with MVO platform advocated for the passing of this law in the senate (1). One motion to instrumentalize diplomacy to further the binding treaty was (almost unanimously) adopted in Dutch Parliament, after ActionAid Netherlands advocated for this during a parliamentary roundtable. This motion means the Netherlands will have to take an active role in getting other Global North countries to the negotiation table, which will be instrumental in creating broader support for the treaty and will bring us closer to the end result of a UN binding treaty that will prevent human rights abuses and improve access to justice worldwide (1). The land@scale land governance programme document (a policy document directing and fine-tuning policy requirements in practice) uses the VGGTs as overarching framework for good land governance and highlights the relevance of women’s land rights, which was based on lobby by ActionAid Netherlands and allies such as Both ENDS and Oxfam Novib (1). After many years of ActionAid Netherlands lobby the Ministry of Foreign Affairs included sanctions for companies that fail to respect the EU conflict mineral regulation and thus do not do their human rights due diligence in the Dutch implementation law of the EU conflict mineral regulation (1). The EU has included safeguards in the new framework to facilitate sustainable development (taxonomy) to request investors to abide by the UNGP’s and OECD Guidelines, after ActionAid Netherlands together with Global Witness launched a paper and published an op-ed advocating for this (1). Three Members of Parliament put forward motions and amendments to guarantee Invest-NL investments adhere to OECD guidelines, unfortunately none of them are adopted. ActionAid Netherlands advocated for this in the internet consultation on Invest-NL we took part in and by sharing this with MPs (0).
Bangladesh (1): The government will improve the schedule-1 classification (classification of industrial units or projects based on its location and impact on environment) in the Environmental Conservation Rules of Bangladesh to prevent negative environmental and human rights impacts of for example energy projects (which are classified as ‘green’ in the old classification). This improvement will be the result of ActionAid Bangladesh’s lobby with the government on this topic (1). Cambodia (1): The Council for Development of Cambodia will adopt a new investment law that will encourage investors to act responsibly. The law will require corporates not to be only profit-minded, but also to behave responsibly towards society and environment. The adoption of the law will be the result of lobby by ActionAid Cambodia, partner CCHR and other NGOs (1). Kenya (1): The government has embarked on revising the national land policy 2009 after its 10 years’ timeframe elapsed. ActionAid Kenya will mobilize women, communities and CSOs to engage with this process. We expect that in 2020 a revised national land policy will be adopted. The target is that as a result of our work, this policy will have strong safeguards including components of Free, Prior and Informed Consent (FPIC). As a result of the feminist action report that will be generated by ActionAid Kenya and partners, the number of women in leadership positions in the land sector will increase (1). Netherlands (4): ActionAid Netherlands will continue to lobby the government and highlight the gendered impacts of corporate abuse and put forward mandatory gender due diligence as a solution. As a result, the Ministry of Foreign Affairs will improve at least one corporate accountability policy to address these gendered impacts (1). ActionAid Netherlands will continue to engage in dialogue with the Ministry of Foreign Affairs to include the need to adhere to the OECD guidelines within all forms of government support. As a result, the Ministry of Foreign Affairs will improve at least one policy to make this happen (1). ActionAid Netherlands together with MVO platform and partners will continue to advocate for the necessity of binding legislation to identify, prevent and mitigate adverse human rights impacts of corporate activities in supply chains. As a result, we expect the Ministry of Foreign Affairs will introduce a policy letter expanding on the concrete steps towards mandatory human rights legislation (1). The Ministry of Economic Affairs and Climate will include human rights references in relation to mineral supply chains in their policies related to wind energy, as a result of ActionAid Netherlands’ awareness raising through bilateral meetings, media outreach and public speaking on the need to address risks in renewable energy supply chains in government policies (1). Uganda (1): By 2020, the Ministry of Lands Housing and Urban Development will have passed the Land Acquisition Rehabilitation and Resettlement Policy that is comprehensive and addresses key issues in the land acquisition process such as compensation to Project Affected Persons as well as rehabilitation and resettlement for those who are not able to acquire land elsewhere. This will be the contribution of ActionAid Uganda and its partners through analysis of the draft policy and presentation of policy proposals to the ministry and one on one physical meetings with the drafters of the policy (1). Zambia (2): Partly as a result of ActionAid Zambia and partners’ policy dialogues and advocacy meetings, the Ministry of Lands will review and finalise the draft land policy. This Policy will consider women’s movements on advocacy, access to and control of resources and human rights, and will contribute to more sustainable practices of mining companies (1). The Zambian government will ensure that policies (Environmental Management Policy, Mines and Minerals Development Policy, Resettlement Policy) and laws that address the current challenges facing the communities such as pollution, damaged houses and compensation are harmonized. This will be a result of policy dialogue by ActionAid Zambia and its partners through meetings and submission of position papers (1). Zimbabwe (1): The Zimbabwe Human Rights Commission (ZHRC) will adopt the National Business and Human Rights Action Plan and will use it in their constitutional duties to ensure that mining companies promote more sustainable practices and are held accountable for respecting human rights and the environment, including the provision of remedy to victims of adverse impacts. This will be the result of engagement meetings between the ZHRC, ActionAid Zimbabwe and partner ZELA (1).
Kenya (1)
(1) In Kitui County, government officials have put in place their climate change fund policy (1), as a result of 8 forums held by CHRCE and TTHRW, strategically and financially supported by AAIK, with a mining affected community. They reached 738 people who popularized the aspirations of mining affected communities. They have used these outcomes in lobby to the relevant ministries in the county in round table meetings.
Netherlands (2)
(1) The Ministry of Foreign Affairs adopted a new corporate accountability policy of which mandatory human rights due diligence at the EU level is part. ActionAid participated in a consultation process to come to this result and lobbied and campaigned for binding measures together with MVO Platform.
(1) The Dutch government included Responsible Business Conduct requirements in their overall responsible procurement strategy for the coming 5 years based on ActionAid’s recommendations.
Uganda (3)
(1) At the beginning of the lockdown, the Ministry of Lands Housing & Urban Development issued a circular banning all companies (and individuals) from evicting people from their land. This happened after sustained advocacy and lobbying work undertaken by Action Aid Uganda, its partners and other CSOs (1) to convince the government that such a ban was necessary, given that under Covid restrictions neither were the courts working to handle any land disputes arising from evictions, nor did the land registries (where ownership of land can be established) operate normally. When issuing the circular, the government cited these considerations.
(1) The Ministry of Lands, Housing and Urban Development adopted the Land Acquisition Rehabilitation and Resettlement Policy, that addresses key issues in the land acquisition process such as compensation to people affected by investment projects (i.e. forced off their land) as well as rehabilitation and resettlement for those who are not able to acquire land elsewhere. This happened after a series of lobby meetings by AAU and its partners (united in the Land Actors Platform) who had analysed the draft policy and presented policy proposals to the ministry.
(1) In one of the FGG project areas where FGG supports the resettlement of a local community group on their land, a policy to fine local residents UGX 50,000 (approx. 17 USD) per animal that strayed on the Uganda Wildlife Authority (UWA) gazetted area was waived in May 2020. This was a stormy issue when the community met with UWA and the Resident District Commissioner in November 2019 because many of them having failed to be resettled by government on their land had nowhere to graze their animals except in the gazetted area which now falls within the national park. The policy was waived after advocacy actions by AA, partners and the community.
1.E.b
# policies improved or introduced by companies on transparency and safeguards, conflict resolution mechanisms, and policies promoting social justice, decent work and sustainability.
All baselines are set at 0
Zambia (2): As a result of advocacy work of ActionAid and its partner organisation, corporate social responsibility mechanisms for managing their relations with the communities were put in place by 2 mining companies. They are now engaging the community through consultative meetings. A committee was set between the mining companies and the community to address some of the concerns. One of the positives in terms of corporate responsibility is that the committee had agreed to respond to the needs of the community. The community can now voice concerns and needs, especially women. Uganda (1) In March 2017, a flower company improved its policy on safety and security for its employees following numerous advocacy efforts by partners such as AAU and partner organisations. Netherlands (1) Dutch utilities in their joint action plans (sector agreement which includes commitments per company) showed increased attention for risks in the supply chain when sourcing from SA and includes objectives on more sustainable sourcing from south Africa. They also refer back to this in their policies. The inclusion of SA in the 2017 plans ( BOTH GOV AND UTILITIES) was a result of the continued awareness raising of AA on the human rights violations in South African coal mines as of 2014 by publishing a report in 2014, regular meetings with GOV and utilities. The multistakeholdermission to SA, that was organised by ActionAid, the utilities and the Dutch government, in 2016 was key – and led to a understanding of the sector agreement parties to specifically address SA in its action plans. (1)
Zimbabwe (2): The dialogue meetings on sustainable mining and establishing grievance redress mechanisms facilitated by ActionAid's partner organisation with the involvement of mining companies is meant to have these companies having operational policies that incorporate the values of the United Nations Guiding Principles on Business and Human Rights. ActionAid's partner organisation will assist the companies in the development of community centered policies that promote social justice, conflict resolution and sustainable corporate social investment. Netherlands (2): • By participating in and providing input into various sector agreement negotiations, we will promote ambitious policies to address risks in mineral supply chains that affect communities (1). • Via bilateral meetings, media attention and public speaking we will raise awareness about the need for addressing risks in the renewable energy supply chains which we expect to lead to (better) human rights due diligence policies in the wind energy industry. (1)
Cambodia (0): When ActionAid Cambodia’s partner published a briefing note, they received a reaction from the rubber company involved, criticizing their lack of detailed information about the case. The fruitful result was: • The rubber company and ActionAid Cambodia’s partner agreed to create one channel for further communicate in the future. • The partner is engaging the company by collecting information from them for the next factsheet development. It is positive progress that we can engage with the company, to increase engagement and cooperation. It is a good start that might lead to a future agreement with the company, so hopefully we will see some outcomes in 2019. NL (0): Due to bilateral meetings, media attention, political attention and speaking at wind industry conferences, ActionAid Netherlands raised awareness about the need for human rights safeguards in mineral supply chains of green technologies, wind turbines in particular. As a consequence, the wind industry organisation and different companies in the wind turbine industry convened to discuss due diligence in their supply chains and the possibility of setting up a sector agreement. However, it is not yet clear whether companies have already improved their policies (0). As a result of input given by ActionAid Netherlands into various sector agreement processes, among other topics women’s rights and land rights were discussed during the negotiations. These sector agreement processed have not been concluded, it is therefore not yet clear whether these theme will feature in the final agreement (0). Zimbabwe (0): Due to the low implementation during the election period from around May up to September, the Grievance Redress Mechanism (GRM) meeting failed to take place at its scheduled time. However, the meeting finally took place with a number of stakeholder, including a foreign-owned mining company whose operations residents have been aggrieved with at many instances. As the meeting happened in December 2018, it managed to bring the company to agree 1. Establishing a grievance register and to 2. Appoint a public relations officer to assist in addressing grievances. These will be followed up in 2019 (0).
ActionAid and its partners will influence mining corporations in 1 country to adopt communication and sensitization programmes that eradicate cultural norms which inhibit women from actively participating and contributing to the extractive sector, and provide specific provisions on gender equality and equity empowerment in the sector. In 2 instances ActionAid and its partners will influence corporations, most likely in the coal/energy utilities sector and land-based sector, to adopt Due Diligence policies. We will do this by presenting case studies, influencing them in dialogues and other activities.
Bangladesh (1): ActionAid Bangladesh and partners, in collaboration with a Japanese NGO, will work with the investor of a power plant in the area of Matarbari on the improvement of the protection policy and its implementation to safeguard the communities affected by the power plant. This policy is inspired by the existing safeguarding policy of the investor. The investor has the authority to enforce the implementation onto the power plant, especially in the Matarbari project sites where ActionAid Bangladesh is working. Cambodia (2): In 2019, one international and one national corporate companies will (partly) integrate FPIC and UNGP principles into their leading policies and display them through their own actions, promoting transparency, social justice and safeguards. ActionAid Cambodia and its partner organisation will guide this development by facilitating meetings between corporates and affected communities, provide information on CSR and human rights policies, and review with corporate agencies relevant documents in relation to land acquisition. The policies will improve the transparency of those companies and their adherence to safeguards, plus by being an examples to others, creating a sectorial warning to other corporate agencies to avoid the risk of violating social and environmental rights (2). Kenya (1): A Sexual harassment policy will be developed by company with the support of ActionAid Kenya, as women casual workers accuse the company employees for asking for sex in exchange for day work. This will result in that the company will put in place a policy to protect women in the mining sector (1). Netherlands (1): • By participating in and providing input in various sector agreement negotiations (most importantly the wind energy covenant) and via bilateral meetings, media attention and public speaking, ActionAid will raise awareness on the need to address (gendered) human rights risks in renewable energy supply chains. We will push for ambitious policies to address these risks. As a result, we expect that at least one company in the wind energy sector will improve its human rights due diligence policies in 2019 (1). • By participating in the Multi-Stakeholder Dialogue on Land (if continued) ActionAid will continue to influence companies’ policies regarding land rights, but no specific outcomes are expected in 2019 yet. • As part of our women’s rights campaign, ActionAid will scope for relevant companies and existing company policies on gender and women’s rights. No specific changes are expected in 2019 yet. Zambia (2): • Two mining companies will improve their Relocation Policy, partly as a result of ActionAid Zambia’s engagement with partners and HRDs in 3 mining communities. As a result of this engagement, HRDs will put pressure on the companies to respect safeguards and promote conflict resolution. This will lead to the changes in policies (1). • One mine will improve its compensation policy, partly as a result of ActionAid Zambia’s activities together with the Human Rights Commission to provide HRDs with legal support services. The services will foster conflict resolution mechanisms and sustainability, and will put pressure on the mine to change its policy (1). Zimbabwe (2): ActionAid's partner organisation will facilitate dialogue meetings on sustainable mining and grievance redress mechanisms with mining companies with the aim to have these companies improve their operational policies to incorporate the values of the UN Guiding Principles on Business and Human Rights. The partner will assist the companies in the development of community-centered policies that promote social justice, conflict resolution and sustainable corporate social investment. As a result, it is expected that at least 2 companies will change their policies in 2019 (2).
Cambodia (1): As a result of pressure from CCHR and AA Cambodia, a rubber company started to be more transparent and give more information to local communities about how it chooses to implement its CSR policies. This will allow the community to monitor the rubber company's work, with ongoing support from CCHR and AA Cambodia. Zambia (1): As a result of lobby by ActionAid Zambia’s partner, a mining company has changed its policy on community inclusion. Now, the mine organizes regular engagement meetings to share information and discuss issues with community members (1).
Bangladesh (1): JICA (a Japanese investor) will improve its Environmental and Social Safeguard policy as a result of lobby activities by ActionAid Bangladesh and other NGOs (1). Kenya (2): ActionAid Kenya and partner MRF are lobbying a company to put in place an anti-sexual harassment policy. We anticipate this will be put in place (1). ActionAid Kenya and partners MRF, TTHRW, KFA, CHRCE, Ujeri CBO, and IWN will undertake actions (including exchange learning visits) towards expanding linkages and dialogue between corporates, CSOs, and communities. We anticipate through this, companies will adopt good practices learnt from elsewhere, such as community liaison committees and/or corporate social responsibility committees etc. (1). Netherlands (3): As a result of ActionAid Netherlands’ research (2019) on the implementation of the OECD guidelines and the UNGPs by wind turbine manufacturers, at least 3 out of the 7 companies researched will improve their policies with regards to human rights due diligence to make them in line with the UNGPs and the OECD guidelines (3). ActionAid Netherlands will continue its advocacy in order to change ABP’s investment policies, but we expect this will not yet lead to a real policy change in 2020 (0). ActionAid Netherlands will continue its advocacy in order to have Dutch palm oil supply chain policies changed, but we expect this will not yet lead to a real policy change in 2020 (0). Zimbabwe (2): As a result of dialogue meetings on sustainable mining, organized by partner organisation ZELA, with a number of mining companies, at least two of these companies will improve their policies to make them more in line with the UN Guiding Principles on Business and Human Rights and to make them more community-centered (2).
Bangladesh (1)
The campaign organization Market Forces Australia submitted a letter signed by other international CSOs to SMBC (Sumitomo Mitsui Banking Corporations, the financial consultant of a major coal fired power plant) to stop funding the Coal Power Project in development, and undertook a campaign to stop further coal power plant activities in the area. FGG was instrumental for the letter by providing information and evidence from the ground. Subsequently, SMBC declared that they will no longer invest in coal power plants in the future. At present, SMBC is still financial advisor of the Coal power plant (1).
Kenya (5)
(2) Two salt companies (2) confirmed and showed that they have put in place anti-sexual policies, which they did not have before. This is a result of lobby efforts by AAIK and its strategic partner MRF. This is an indication that the salt firms have been implementing the KNCHR public inquiry audit report that required them to undertake this action.
(3) Three salt mining companies (3) have improved their sexual policies so these are now in line with various current labour and anti-sexual harassment laws of the country. This is a result of a lobby meeting to address sexual exploitation complaints from female employees. The meeting was organized by AAIK and attended by the companies, female employees from the salt firms, Community Liaison Officers from Kenya Association of Manufacturers and the Kenya National Commission on Human Rights.
Outcome D: Agendas Set
Private and public sector decision makers have prioritised improvement measures due to support from influential civil society actors, critical media attention, increased public awareness and effective scrutiny of corporate conduct.
-
1.D
# proposals for improvement of corporate conduct discussed by private and public sector decision makers and/or in academia, public agenda, media and social movements.
All baselines are set at 0
AA NL (8): - AA facilitated 1 multi-stakeholder visit with representatives of Dutch ports, energy companies and the Dutch Ministry of Foreign Affairs to coal mines and mining communities in SA, resulting in improved awareness and understanding on human rights violations and women's rights violations in the coal supply chain. The energy companies as well as the Dutch companies have now formulated actions on improving the conditions under which coal is mined in South Africa, which will be implemented in 2017 (1). - Regular interactions with the Ministry of Foreign Affairs and with companies on the adverse impact of mining minerals on the impacts of mining on women, resulted in improved understanding of gender specific risks in the supply chain and how to address these(1). - Proposals for improving conflict minerals act (see also motion in next section) were discussed by media, parliament and Ministry (1) - AA NL shared knowledge and proposals for a compensation protocol that is being developed as part of the MSD land (1). - AA NL engaged in discussions and shared inputs on the White Paper VGGT, which contains ideas for and has been discussed with banks and other parties to improve land rights due diligence in their investments, as part of MSD land. (1) - AA NL proposed stronger land rights (VGGT and FPIC) protection in Dutch investments (private sector and PPPs) and a zero tolerance to land grab as part of our conversations with parliament and through a paper and a NGO-letter submitted to parliament (1) - AA NL raised awareness and shared proposals on the importance of women’s land rights as a key condition to improved corporate conduct to parliament and Ministry, as well as wider public. Proposal made were an opinion article (1) written together with Both Ends that was published in the Volkskrant (VK, ViceVersa) , and proposals made in a presentation and conversation with the Minister during an ActionAid photo exposition on women's land rights at the ministry. The proposals fed into the high level dialogue on land governance. - As a result of the multi-stakeholder mission on coal to South Africa, the Dutch energy companies have defined action plans specifically addressing human rights violations in the extractives industry in South Africa (1). Cambodia (5): - With support of AACambodia, their partners and CSO networks, 5 policy recommendations were made and 4 communities engaged directly with the government to claim their land back, or seek proper compensation from authorities, and/or to prevent environmental pollution, e.g. by submitting petitions and intervention letters to various Ministry departments & National Assembly, and organizing press conferences, resulting in government issuing (investigative) action by government and targeted companies (5). Zambia (2): - Periodically the mining company takes water tests. They are obliged to share this with the Zambia Environmental Management Agency (ZEMA) and ZEMA should also conduct independent water test. The main issue for communities and CSOs is their transparency because the water test reports are never released. ActionAid Zambia sent a proposal to ZEMA demanding that they should be transparent about the water test and install mechanism for external actors to provide feedback. This proposal was discussed by the district commission. -In one of the project locations, ActionAid’s partner together with a local women’s group that was affected by one of the Copper/nickel mines proposed for improved conditions for the relocation, compensation (including a specific focus on the need of women). These proposals were discussed by the mining officials and the Chief of the community. Kenya (2): Two proposals were discussed by public sector decision makers: - In a mining area which was expanding its operations exposing a nearby school to lots of dust. Parents in the school had to withdraw their children from the school. The community led by our partner organisation developed a petition that was taken to Director General for National Environmental Management Authority by women where it was discussed. - ActionAid Kenya supported communities in one of the project locations to develop a Charter of Demands regarding investments of one of the bigger international farms in that area. This Charter outlines the negative impact of the investments on water conditions in that area and communities proposed steps forward on how to resolve the issues. This proposal was discussed at county and national level by policy makers. Mozambique (1): AA in partnership with the National Agricultural Development Company and Utrecht University conducted a research on the “Impacts of Inclusive Business Models in the sugar industry in Manhiça”. This research was discussed in the university of Utrecht during the LANDAC conference.
Zambia (5): ActionAid has been supporting Human Rights Defenders in setting up a platform for HRD protection. This initiative started at local level and was strengthened when a team of FGG partners from Zambia visited their FGG partners in Kenya. From the Kenya experience, it was encouraging to the Zambian partners how HRDs were mobilised and linked to national and international protection mechanism. This was an agenda for Zambia partners and they immediately drafted a proposal supported by ActionAid to design a protection mechanism for HRDs especially women. This was discussed at the three CSOs platforms in the mining communities and ActionAid took it up and linked up with other organisations at national level where as a network of CSOs the issue was presented to the ministry of Justice and discussed with the government’s legal aid department to see how an enabling environment can be created for HRDs by putting in place legal protection mechanisms. Currently, ActionAid together with the other organisations have been working towards establishing a national HRDs platform and exploring opportunities for linkages with the international mechanisms. (1) Four networks of women living in mining communities in four districts have been established through the Women’s assembly that gave birth to the formation of the Women Affected by Mining Movement in Zambia. ActionAid supported with mobilisation of district networks which are acting as HRDs protection mechanisms linked to the legal aid, Law Association of Zambia and the national network for HRDS. The four district networks for women also engaged with duty bearers and mining companies on issues of human rights affecting women and proposals for improvement. (4) Kenya (7): ActionAid supported 3 communities to develop memorandums that included the views and recommendations from the public. They present these memorandums during a meeting with the governmental task force which was established by the government to develop regulations to guide renewal and extension of leases where their memorandums were discussed. ActionAid working with CSOs working group on community land developed a comprehensive gap analysis and recommendations for improvement of the regulations to operationalize community land law and shared with the Government Task Force spearheading the development of these regulations. The proposals were discussed by the taskforce and a number of recommendations have been incorporated in the draft final guidelines. ActionAid together with other CSOs submitted to the Technical working group developing a gap analysis for the extractive sector and particularly on environment and social issues as part of the comprehensive envisioning of the change desired. ActionAid partner mobilized elders and sensitized them on cultural norms that affect women in the mining areas and the rights violations of female day-labourers by the company’s staff members. To put this on the agenda of the relevant duty-bearers, the elders were supported by ActionAid's partner to hold a press conference. This was aired/ broadcasted on the TV prime news (1). As a result, the manager of the mining company (1) called a meeting with ActionAid's partner and asked the organization to hold forums with workers of his company to discuss labour rights. Cambodia (7): ActionAid's partner supported a community to send proposals for improved participation in governmental process toward relevant ministries. These proposals were discussed by the relevant ministries.(1) ActionAid's partner together with other NGOs submitted a proposal to improve the negotiations with the local communities around relocations. This was discussed and acted upon by the Municipality of Phnom Penh. (1) ActionAid worked together with other NGOs to engage with a company to discuss their corporate conduct. From dialogue with ActionAid the company agreed to participate in the CSR platform. At this platform, the CSOs and the company discussed various guidelines for corporate conduct (1). ActionAid's partner's proposals to resolve a community conflict was discussed by four influential stakeholders (4). Zimbabwe (1): As a result of the court decision interdicting a mining company from carrying out its mining operations until an EIA was in place, the company approached ActionAid's partner organisations calling for a meeting to understand concerns which the community had over its operations. During the meeting, ActionAid partners encouraged the mining company to establish a grievance redress platform to address some of the human rights problems that could emanate from its work. The mining company agreed to work on establishing the operational grievance redress mechanism as a means to build community-company relations. Bangladesh (7) 1. AAB submitted a policy recommendation for the land acquisition act and the agricultural land protection act around ensuring safeguards for people and environment to the Land Reform Board (LRB) in a lobby meeting between LRB and affected communities. The proposal was discussed by LRB (Government), CSOs, and affected community experts. 2. AAB organized a policy café on land acquisition, displacement and people’s safeguards with 30 experts, lawyers, academics, environmentalists and HRDs to formulate policy recommendations for improved laws and policies related to land acquisition, environment, infrastructure development and people’s safeguard. 3. AAB supported local CSO to organize a workshop with 35 CSOs, academics, youth and HRDs to develop people’s safeguards around investment projects. They demand the authorities to implement the high court notice about improve policies and safeguards for affected people included. 4. AAB and local CSOs organized a workshop with local CSOs, journalists, people representatives and lawyers on landlessness and ensuring people’s safeguards in land acquisition processes. Through the workshop they demanded the government to allocate land (government owned fallow land) to landless people, stop corruption related to land acquisition and compensation for those affected. 5. With support of AAB, HRDs organized a seminar on industrialization and communities' livelihoods. As a result it was discussed by private and public sector decision makers. 6. With AAB support, a partner CSO organized a dialogue on displacement with academia, environmentalists, lawyers, youth and HRDs. Topics discussed included pro-people development instead of the present development processes, raising the question whether one can speak of development when people are displaced from their land and lose their livelihoods, environment is damaged and culture lost without any adequate resettlement and safeguards 7. Community groups asked the government and the project implementation authority to ensure adequate resettlement and hassle free adequate compensation by organizing a press conference and a ‘human chain’ procession. Uganda (2) The Commission of Inquiry into Land Grabs requested ActionAid and its partner to make proposals for the development of Alternative Dispute Resolution where land is customarily held. The delegation led by AAU appeared before the Commission on the 23rd of May 2017. The Commission was interested in sharing experiences and examples where ADR has been successful to inform their recommendations for improvement of grievance handling mechanisms where land is held under customary tenure (1) The AAU supported community consultations held in August with Members of Parliament, community leaders, opinion leaders, religious leaders, youth leaders to discuss the proposed amendment of article 26 of the Constitution set the agenda for debate on (opposing) the amendment in Parliament, media, academia, religious leaders, traditional leaders and youth institutions. There was such an impact to the extent that Members of Parliament from the ruling party had to be called to reconsider their opinion on the proposed amendment.(1) Netherlands (19) During our coal cruise awareness with green organizations was brought about on the need to also address the social aspect of energy transition in their work . AA proposals on human rights in coal supply chains and the need for a socially just energy transition were discussed on tv (NOS news), radio, various newspapers (Parool, Trouw), other print (ViceVersa magazine) and online media (ViceVersa various articles and specialized energy media). (1) Through AANL dialogues with the wind energy industry organization and the Ministry of Economic Affairs on human rights risks in mineral supply chains for wind turbines (and other green technologies) were put on the agenda. The interaction with the industry association gave impetus to internal sector discussions and the willingness to start discussions to get to a sector agreement. The email correspondence led to internal discussions at the Ministry of Economic Affairs on the matter (1). Jointly with the other members of the women&mining - MFA led- WG, two papers were produced that call on governments and companies to respect women’s rights and adopt stronger gender-sensitive policies in mineral supply chains. (2) AANL individually and together with WO=MEN called for improved attention for women’s rights in mineral supply chains in the metal and natural stones sector agreement discussions, which includes private and public sector decision makers (1). Written inputs on land and women’s rights were shared with natural stone sector (1). In parallel, efforts by the MFA led women and mining WG- in which AANL is an active member- led to include women’s rights as a theme at the MFA/EA raw materials conference as well as the OECD minerals conference. Dutch parliamentarians discussed several of our proposals on the importance of protecting and supporting women’s land rights and human rights defenders + the importance of investing in small-scale farmers. In response to an ActionAid pitch on a stronger women’s land rights and farmer focus for Dutch aid and investment policies, 3 MPs asked questions and in the debate around the national annual development budget (BuHa-OS policy) 4 MPs discussed our proposals: 1 MP (Greens) asked the Minister to protect land rights defenders better, 1 asked for more focus on local food markets (CDA) and 2 MPs asked for adopting more gender-sensitive trade and investment policies (PvdA and CDA; including a motion from CDA), which was the recommendation we shared with them both directly and via wo=men. (4) The Ministry and RVO have discussed the relevance of applying VGGT and FPIC in their policies as a result of our ongoing lobby together with Both Ends, Oxfam and others, as well as our VGGT scorecard specifically which helped put it on the agenda of different departments after being launched at the AU. (1) As a result of the work of ActionAid, both individually and with other CSOs (FGG and Partos Civic Space group), embassies, the Ministry of Foreign Affairs and institutions such FMO have discussed the issue of shrinking space for specific countries (e.g. in response to Uganda raid), as well as proposals to address this issue and ensure an enabling environment for civil society as a precondition to responsible corporate conduct as well. We further supported the SPEAK initiative on addressing shrinking space, which was published in the media advertisement and an op-ed on Joop (1). ActionAid send and supported various letters to the new Minister, including one with indigenous people’s on the need to ensure their rights (incl to land) as part of Dutch and Trade policies, to which the Minister responded that NL will continue to support this issue.(1) AA has provided input for sector studies on the importance of land rights for international responsible business conduct. AA proposals on how land rights should feature in the covenants have been discussed with policy makers and academia, during a workshop by KIT in August, as well as during the covenant multi-stakeholder dialogue (1). ViceVersa published interview with AA staff including proposals on how to ensure corporate conduct and coherent aid&trade policies, including addressing imbalance of power in the value chain and ensuring attention to human rights and land rights at all times. (1) LandAc and Women Land Rights in Africa programme team discussed AA NL and AAIK/ AAI recommendations on supporting women’s land rights and the Women2Kilimanjaro movement within this programme and in development and research policies more generally, including a grassroots action research approach led by women themselves. This was also discussed at the LandAc conference by a wide range of stakeholders based on AA presentations (1). AA proposals for improving covenants as well as going beyond by installing binding regulation on companies were discussed in articles on ViceVersa (referring back to AA own article) and in inputs from MVO platform to parliament (1). AA proposals on conflict mineral law implementation in the Netherlands was discussed in op-ed in Trouw (feb 2017) (1) ActionAid finalized and presented its VGGT scorecard at the CFS in October 2017, as well as provided direct input to the monitoring exercise of all governments at the CFS. This contributed to a clear and noticeable progression in international discussions on monitoring and implementation of the VGGT worldwide and the commitment to continue bi-annual monitoring reporting by governments at the CFS (1).
Cambodia (2): ActionAid is one of members of Corporate Social Responsibility (CSR) Platform. The CSR platform consists of 42 companies and NGOs. The platform aims collaboration among Government, Private Sector Companies and Civil Society Organizations to ensure that CSR guidelines, tools, and principles are widely known in Cambodia and have started to be adopted and implemented by companies and enforced by the government in the best interest of communities and environment. ActionAid will use this platform to develop a proposal for improved corporate conduct and engage companies to improve responsibility for their business. The project team will initiate policy dialogue with policy makers and government officials. ActionAid and its partner organisations will develop a proposal on how to implement effectively human rights compliance and social responsibility programs based on the UNGP. This will be discussed in policy dialogues with private sector, relevant ministries, CSOs and CBOs and community people. Zimbabwe (1): ActionAid and its partner organisation will organize the national and local alternative mining indabas where government departments such as the local authorities, ministries of Mines, Rural Development, Environment, the Environmental Management Agency and Parliament will interact and discuss with civil society on corporate conduct in the mining sector. ActionAid and other CSO’s will make recommendations to the government and follow up regularly on the key policy actions which the government departments commit themselves at these platforms to track progress. Kenya (2):ActionAid will lobby the Ministry of Mining to introduce communication and sensitization programmes that eradicate cultural norms which inhibit women from actively participating and contributing to the extractive sector, and provide specific provisions on gender equality and equity empowerment in the sector. ActionAid is an alternate member of the Technical Working Group (multi-stakeholders) that is supporting in developing the Kenya Country Mining Vision. CSOs will promote an gap analysis for the extractive sector and particularly on environment and social issues. Two proposals will be presented for discussion and adoption by counties when developing their county mining visions. Uganda (4): a) Proposal for consultation with communities and to provide compensation in cases of land acquisition, prior to occupation of land by corporations. ActionAid and partners will continue to make these proposals to various ministries. b) Proposals on the amendment of Article 26 of the 1995 Constitution will be widely discussed in parliament, cabinet, media, CSO fraternity, academia etc. c) Proposal for Improved working conditions for women in the flower sector especially occupational safety discussed with 4 flower farms. d) Proposal for giving more space to workers in the flower sector to join workers unions without being victimized. Bangladesh (5): ActionAid jointly with CSOs will undertake a review of laws and policies related to land acquisition, compensation and resettlement and prepare a set of policy propositions for improved corporate conduct based on this review. These will be brought forward in dialogue with private and public sector / decision makers and/or in academia, public agenda, media and social movements. Mozambique (1): -based on case studies on human rights violations related to large scale investments, ActionAid will formulate a proposal to implement FPIC/VGGT in investment processes and to ensure that it is put on the agenda within the Ministry of Agriculture, Land and Environment Netherlands (14): ActionAid will pursue activities in order to influence the agenda on private and public level on corporate conduct improvement on at an array of topics. The most important are: 1. ActionAid will conduct various meetings with government officials to ensure attention for policies that foster the need for responsible mineral supply chains in new Aid, Trade, investment and CSR and potentially energy (public procurement) policies (3). 2. We will specifically also raise awareness about the need for addressing risks in the renewable energy supply chains, at the level of the parliamentary committee on energy, Ministry of I&M, Foreign Affairs and Economic Affairs as well as the renewable energy industry. We will mainly do this by disseminating our report and proposals on conflict minerals in wind turbines (published in 2017), as well as media and CSO outreach where possible. (3) 3. We will continue to participate in the government led working group on women & mining, via which we emphasize the need for stronger gender-sensitive policies in the area of development and trade and implementation at NL, EU and international level by speaking at relevant fora and producing and disseminating papers (2) 4. We discuss our proposals on land rights, particularly women’s land rights and VGGT implementation with decision-makers, i.e. through the Multistakeholder dialogue on land, the covenants discussions and engagements with the Dutch parliament and government officials.(3) 5. We will put the need for FPIC and community participation in decision making higher on the agenda of decision-makers through our proposals to and participation in the Multistakeholder dialogue on land, the covenants, our interaction with Dutch and European policymakers and members of parliament. This includes showcasing how the current lack of standards and FPIC leads to human rights violations and land grabs.(1) 6. Increased attention of media and awareness with the Dutch public on the relevance of land and food rights in relation to resilience, emergency aid and SDG’s.(1) 7. We will try to engage social movements in Netherlands and internationally to ensure stronger cooperation between those working on human and women’s rights, development and environment.(1)
African Extractives Working Group (1): Following the Policy Conference on the Binding Treaty, a delegation from the African Extractives Working Group participated in the United Nations Human Rights Council negotiations on the Binding Treaty in Geneva and presented for the first time an African civil society perspective into the negotiations during a side event. Together with other civil society organisations, the delegation met with the South African Ambassador, who acknowledged the importance of bringing in the African civil society perspective and confirmed the ongoing commitment to drive the process through the UN system (1). Bangladesh (6): ActionAid Bangladesh organized a lobby meeting with the Law Commission on the review of the ‘Acquisition and Requisition of Immovable Property Act 2017’. The Law Commission discussed the review and agreed with many of the recommendations that ActionAid Bangladesh made. As a result, they have agreed to work together to improve land related laws and policies (1). ActionAid Bangladesh and PNGO organized several workshops, social dialogues and lobby meetings to present the People’s Safeguard Policy that they developed. This Policy is an alternative proposal to ensure human rights in infrastructural developments. As a result of these meetings, the People’s Safeguard Policy was put on the agenda of private companies, policy makers, social movements and CSOs. In addition, several media platforms published articles about the Policy (5). Cambodia (0): In July 2018, Cambodia had a national election. Before, during and after the election the tension was very high. The opposition party was dissolved in November 2017, there was only one party who allegedly won by a landslide victory and installed a one-party parliament. It was very difficult to implement any activities under those circumstances. All the donors appealed the government to restore the democratic process. The EU has launched an EBA withdrawal process (0). Kenya (7): 2 community declarations on mining were presented and discussed during the National Mining Baraza organized by 17 civil society organizations and attended by government departments, mining corporations, researchers and academia, and activists. These declarations resulted from ActionAid Kenya and partners’ efforts with mining-affected communities to build their initial understanding of rights, to map community issues and aspirations, and to draw roadmaps for engagement with duty bearers. Following another round of 8 forums, the community aspirations were popularized and then developed into community declarations on mining, subsequently adopted at 2 County Mining Barazas, after which selected delegates presented them at the National Mining Baraza (2). 1 petition was developed and submitted by survivors of human-wildlife conflicts – which result from land dispossession by group ranches and encroachment into community lands by Kenya Wildlife Services – to the Chairperson of the Wildlife Conservation and Compensation Committee, highlighting concerns related to proposed amendments in the Wildlife Conservation and Compensation Act. The petition was discussed in a committee meeting and forwarded to the taskforce that is currently reviewing the amendment act (1). 1 memorandum detailing community grievances submitted and discussed during a meeting called by the UN Rapporteur on Business and HR when he visited Kenya, prior to which he had requested ActionAid Kenya to comprise this memorandum, which ActionAid Kenya did by conducting community forums for input collection (1). Upon request by the area MP, ActionAid Kenya’s partner organisation developed and submitted 1 petition to the National Assembly Committee on Land and Natural Resources, detailing on the ground human rights violations in the salt belt in response to a non-factual audit report from the Kenyan Association of Manufacturers/KNCHR (1). ActionAid Kenya’s partner shared 1 report on chemical composition of water sources (wells) during a community forum, provoking the communities to prepare and submit a complaint letter to the County Executive Committee Member for Water and Environment in their County. As a result, the issue was put on the agenda of the County Executive Member, who will carry out a fact-finding visit to the region in early 2019 (1). 1 proposal to leave coal in the soil was adopted by the Members of the County Assembly (MCAs) after ActionAid Kenya and its partner took them and mining-affected communities on a toxic exchange learning visit in South Africa. The visit exposed the MCAs to the realities of coal mining, which subsequently bolstered their position against coal mining affirming that they will mobilize their fellows in the assembly to oppose mining of coal in the area until a clear roadmap to deal with environmental and community concerns is in place. The visit has become critical in shaping discussions in the assembly and in the community about the development pathway the county will be taking in the light of coal mining (1). Mozambique (2): The proposal of ActionAid Mozambique to better respect human rights in large investments was distributed through local radio shows in local languages. Topics that were discussed included land laws, human rights with a focus on women rights, displacement and resettlement. As a result of the radio shows, the proposal to improve corporate conduct was put on the public agenda (1). ActionAid Mozambique’s partners organized four meetings at local and district levels to bring together communities and decision makers. In these meetings, they discussed proposals to improve corporate conduct, such as the inclusion of FPIC in all agribusiness investments. Other topics that were discussed include the empowerment of women, better inclusion of communities in decision-making processes and improved government accountability. As a result, these proposals were put on the agenda of public decision makers (1). NL (17): At EU level, ActionAid Netherlands together with other NGOs put pressure on EU policy makers to make sure that the EU would engage more constructively in the process towards getting to a UN Binding Treaty on Business and Human Rights. Subsequently, a shift could be witnessed during the last round of the UN Treaty negotiations in Geneva in October, from the EU objecting the process in 2017 to the EU representatives making interventions and being substantially more positive in 2018. The EU is now for the very first time internally discussing the content of what an international instrument could look like. The push for the Treaty also triggered the EU to start to look at how to regulate companies at European level, in order to shape rules before seeing rules imposed from above. Also, the European Commission is working on a study to scope legislative options relating specifically to that (1). ActionAid Netherlands published its report on human rights violations in wind turbine supply chains, including proposals to the Dutch government and to companies on how to identify and address risks. As a result, we are now seen as the leading expert on these issues. The following agendas were successfully set: - After the report was published, ActionAid Netherlands was invited to meet and discuss its proposals with the Trade Department of the Ministry of Foreign Affairs, the Ministry of Infrastructure and Water and the renewable energy industry (3). - Two sets of written parliamentary questions were raised to Minister Kaag and Minister Wiebes, and 2 Members of Parliament raised the issue orally. Minister Wiebes mentioned the possibility for including human rights standards in wind energy supply chain legislation (4). - The topic of including human rights standards in wind energy supply chain legislation was raised in a ‘Klimaatakkoord’ meeting, which was acknowledged publicly by one of the negotiators (1). - Various media channels (NOS, Volkskrant, supply chain magazines) reported about the report. Also, references to the report were made on the official ‘Klimaatakkoord’ website and on the Triodos page on responsible mineral supply chain. In addition, OneWorld published an article about human rights in green technology quoting ActionAid (1). - Various interactions and meeting with the Ministry of Economic Affairs and Climate and the Ministry of Infrastructure and the Environment took place, which led amongst others to the initiative from EAC to explore how human rights risks can be included into the ‘grondstofferscanner’ (1). - Due to bilateral meetings, media attention, political attention and speaking at wind industry conferences, we raised awareness about the need for human rights safeguards in mineral supply chains of green technologies, wind turbines in particular. As a consequence, the wind industry sector organisation and different companies in the wind turbine industry convened to discuss due diligence in their supply chains and the possibility of setting up a sector agreement (1). - AANL pushed with the energy companies that are part of the sector agreement process to improve their due diligence policies and reporting. Due to our push, the covenant parties hired an external party to evaluate the due diligence policies and practices in order for the companies to improve their standards (1). A joint letter by ActionAid/SOMO/TNI/IUCN/FIDH/FOE to the parliament was sent to stress the importance of the Dutch government accepting the Binding UN Treaty on Business and Human Rights resulted in the issue being raised by 2 MPs during an Aid & Trade commission meeting. This led to a ministerial letter and a reaffirmation of the Netherlands to keep engaging constructively with the process. A follow up letter was sent on the same issue and as a result Minister Kaag has agreed to share the EU position paper on the binding treaty with parliament (which was not accessible until now) (2). ActionAid Netherlands discussed its proposals on land rights, particularly women’s land rights, FPIC and VGGT implementation with decision-makers and parliamentarians on various occasions. As a result, the Ministry of Foreign Affairs decided to anchor women’s land rights in its policies through a participatory process that includes ActionAid (1). At the EU level, together with other NGOs ActionAid Netherlands contributed to the shadow EU action plan developed by the European Parliament’s working group on Responsible Business by discussing the draft in meetings with MEPs and by sharing inputs. ActionAid’s specific inputs into the draft shadow EU action plan mainstreamed gender considerations throughout all actions, calling for gender impact assessments, gender-sensitive due diligence and gender-responsive grievance mechanisms. Thanks to our inputs, the draft also incorporates a strong policy coherence for development narrative, and it makes a link with the increasing use of ODA for private sector without proper corporate accountability mechanism in place (1). Uganda (1): Due to increased pressure and activism by CSOs and local communities, the government withdrew the Constitutional Amendment Bill that sought to amend Article 26 of the Constitution. With ActionAid Uganda's partners pointing out its negative effects, followed by a widespread discussion of the proposed amendment by CSOs, media, academia and parliamentarians, the amendment was eventually withdrawn from parliament for further scrutiny to ensure the right to land of the citizens is sustained (1). Zambia (7): ActionAid Zambia and its three partner organisations engaged three mining companies on women’s economic and social empowerment. As a result, this issue was firmly put on the agenda of the companies, who are now engaging regularly with the communities to discuss issues related to community grievances and corporate social responsibility (3). ActionAid Zambia and its three partner organisations supported communities to put forward their issues related to human rights violations to the Parliamentary Committee on Legal Affairs and Human Rights. Communities raised the issues of water pollution in their area by a mining company, and the case of cracked houses in another area as a result of the operations of the same mining company. These cases were taken to the media, and engagement processes took place at the local and national level. Different CSOs, among which ActionAid Zambia and partners, made submissions to the Parliamentary Committee for remedial action. As a result, the District Administration for the region confirmed receipt of a directive to resolve the water crisis in the community. Also, Members of Parliament and Councilors in the two other project regions have expressed their support to resolve the communities’ grievances (3). ActionAid Zambia made submissions to the Parliamentary Committee for the ratification of the Statute of the African Minerals Development Centre to provide strategic operational support for the Africa Mining Vision and its Action Plan. This was discussed by the Government, and the statute was ratified in June 2018 (1). Zimbabwe (3): At the local Manicaland Alternative Mining Indaba, a number of CSOs developed a declaration outlining their demands and action points, which they have since then used for their advocacy activities. As a result, the declaration was put on the agenda of a government-owned mining company, as the CSOs presented their declarations during the company’s conference (1). A number of CSOs, among which partner organisation ZELA, developed a number of declarations at the Zimbabwe Alternative Mining Indaba, among which the declaration that mining communities, mining producers and relevant stakeholders should attend public consultations on the forthcoming Mines and Minerals Amendment Bill, so that the Law reflects the demands of the communities. The President consequently rejected the signing of the Bill, citing the demands brought up by the group of CSOs as one of the reasons (1). Partner organisation ZELA invited 3 companies to the Grievance Redress Mechanisms (GRM) meeting. One was a foreign-owned company which ZELA deems necessary to engage with after countless human rights violations complaints had been raised against them. Community paralegal and environmental monitors had attempted to engage the company to no avail. The company agreed to engagement with ZELA facilitating and they sent a representative to the GRM meeting. This was a commendable first step by the company to be open to engagement especially considering that no one had managed to approach them with any measure of success. So far, only complaints about violations had been recorded against the company without any response from them (1).
ActionAid and its partners will provide proposals and discuss at government and corporate dialogue platforms/meetings in 11 instances, i.a. the improvement of coal supply chain human rights due diligence and the inclusion of FPIC and community and women’s right in key policy processes and sector agreements. Further, research and documentation of case studies on human rights violations in various mineral supply chains and in the agricultural sector are used to set the agenda and make proposals for strengthening enforcement of legal and other provisions on environmental pollution, compensation, creating spaces for HRDs, and to advice governments on FPIC and VGGT.
African Extractives Working Group (1): • The Department of International Relations and Cooperation of the South African Government (who are co-sponsors of the Treaty at the United Nations Human Rights Commission) will bring in the arguments made by the African Extractives Working Group (AEWG) in the negotiations around the United Nations Binding Treaty on Transnational Corporations and Other Business entities with respect to Human Rights. The AEWG will provide these actors with their arguments in the form of a policy document (to be developed in 2019) (1). • The African Extractives Working Group will develop a policy document bringing together the discussions and critiques on the Africa Mining Vision, and will lobby towards the African Union to have them put this on their agenda (0). Bangladesh (9): • ActionAid Bangladesh will introduce the People Safeguard (PSG) policy proposal for discussion and approval to the Cabinet Division of People’s Republic of Bangladesh, Ministry of Land, Ministry of Industry, Ministry of Forest and Environment, one investing and four commercial agencies (8). Discussions will be held within the ministries and at platforms, to strategize actions to protect communities against violations of social and environmental rights due to infrastructure development projects. • The Ministry of Land will discuss and consider a land acquisition and compensation policy proposal developed and submitted by AA Bangladesh and partners. This policy would hold government and companies accountable for proper land acquisition and compensation (1). Cambodia (6): • ActionAid Cambodia’s partner organisation will submit 2 proposals to the Council for the Development of Cambodia (CDC) regarding Due diligence and Effective Remedy. It is expected that this will be endorsed in 2019. • Further, two major international commercial companies, the Ministry of Land Management, Urban Planning and Constructions, the Ministry of Environment, the Ministry of Agriculture and the National Assembly will in 2019 consider working in line with the UNGPs, FPIC and VGGT. ActionAid Cambodia has introduced these democratic tools to the CSR platform of which those actors are part of (4). Kenya (2): • In 2019 the African Extractives Working Group (AEWG) seeks to influence the African Union (AU) to amend sections of the African Mining Vision (AMV) towards a people centered mining vision. ActionAid Kenya will play a pivotal role in collecting and analyzing regional consultations with affected communities. It is anticipated that the AU will consider those analyses to amend the AMV. • ActionAid Kenya supports dialogue meetings for HRDs and the National Assembly committee on security and human rights to push for the formulation of an HRDs Protection Law. Consequently, the National Assembly committee on security and human rights will develop a Law for the protection of HRDs. Netherlands (11): In 2019 we will follow-up on the new policy frameworks of the Dutch government and international institutions with specific proposals on: • The Dutch government and members of Parliament will increasingly pay attention to the need for responsible mineral supply chains as a result of ActionAid’s continued lobby on this topic, using our research on the role of the Netherlands in the international mineral market (1). • As a result of the dissemination of ActionAid’s report from 2018 on the inclusion of human rights safeguards in the mineral supply chains of wind turbines and the follow up research that will be done in 2019, among the Parliamentary Committee on Climate and Energy, the Ministry of the Foreign Affairs, the Ministry of Economic Affairs and the industry association of the renewable energy sector, it is expected that at least one of these actors will increasingly pay attention to the risks in renewable energy supply chains. The report is based on cases in various LLMICs, among which Zambia (1). • Corporates involved in mineral supply chains and governments will emphasize the need for stronger gender-sensitive policies in the area of development and trade, and implementation of these policies at NL, EU and international level. This is a result of the continued participation of AA in the Dutch government-led working group on women and mining, of the dissemination of papers and of presentations at international fora (2). • ActionAid will discuss its proposals on land rights, particularly women’s land rights, VGGT and FPIC implementation, with different actors. They will engage with decision-makers in the Multi-Stakeholder Dialogue on Land, and they will propose written questions and motions where relevant to the Dutch Parliament and government officials. As a result, landrights are put on the agendas of the Dutch Parliament, Dutch government officials, and CSOs WO=MEN and MVO Platform (4). • ActionAid will highlight the gendered impacts of investments and will share policy proposals on gender, corporate accountability and economic diplomacy (including gendered due diligence, the need for a feminist UN treaty, broader approach to decent work and more attention to unpaid carework). As a result, it is expected that this topic is put on the agendas of members of Parliament, the Dutch Ministry of Foreign Affairs and social movements in the Netherlands that work on women’s rights (3). Uganda (5): • ActionAid Uganda, its partners and other CSOs will develop proposals for negotiation and mediation in a case where communities lost their land to land grabbing. These proposals will be discussed by the government, the company and evictees (1). • Communities in one of the project areas, facilitated by ActionAid Uganda and partners, will develop a proposal for improvements of the situation in their area regarding land rights. This proposal will be discussed with the Office of the Prime Minister and Parliament (1). • The community in one of the project areas will develop a proposal on land rights on the Deed of Settlement, facilitated by ActionAid Uganda and its partners. This proposal will be discussed by the involved company and the Government (2). • By the end of 2019, the Ministry of Finance, Planning and Development will pay increasing attention to the need to renegotiate tax treaties as a result of proposals for alternative revenue mobilization developed by ActionAid Uganda’s partner (1). Zambia (4): • ActionAid Zambia and its partners will conduct a research on the effects of mining activities on livelihoods (especially housing) of the local communities with specific reference to the resettlement policy. The recommendations from the research will form the basis for advocacy to the local, provincial and national governments. As a result, at least one government body will discuss this further (1). • Following an exchange visit to another ActionAid office, ActionAid Zambia will develop proposals for improvements on displacements and relocation of mining communities, on the role of HRDs and on litigation. These proposals will be presented to decision-makers and social movements in meetings, and as a result at least two government bodies/organisations will discuss these further (2). • ActionAid Zambia and partners will continue to set the agenda of the local, provincial and national government on community priorities and community demands on improved corporate conduct. As a result of their lobby activities, including advocacy papers and engagement in commemorating international days, at least one government body will discuss this further (1). Zimbabwe (1): ActionAid's partner organisation will organize the national and local Alternative Mining Indabas where government officials will engage with civil society on corporate conduct in the mining sector. ActionAid Zimbabwe, its partner and other CSOs will propose a revision of the Mines and Minerals Amendment Bill based on the needs of local communities, including topics such as artisanal mining, FPIC and the role of women in the sector. Several government agencies will be present at the AMIs, including local authorities, the Ministries of Mines, Rural Development and Environment, the Environmental Management Agency and members of Parliament. It is expected that at least one of these agencies, most probably the Ministry of Mines, will further discuss the proposal (1).
Bangladesh (9): The Social and Environmental Safeguard Policy proposal that AA Bangladesh developed and published this year (see indicator 1C) was discussed in a dialogue session as part of an international conference on Prospects and Challenges of Sustainable Development in Developing Countries organized by Rajshahi University, Bangladesh. A Professor from Chittagong University, Bangladesh, supported by AA Bangladesh, did a presentation on “Development Perspective Towards Community and Corporates: A Trend of Ignoring Indigenous Knowledge” which focused on human displacement and ecological damage caused by infrastructure development projects. The LNSP shared the recent experiences with the impact of the Mega infrastructure projects like coal power plants, ports and Hi-tech parks. Referring to these experiences and both national and UN legal instruments it was proposed to adopt ActionAid’s Social and Environmental Safeguard Policy proposal, that was outlined during the session. Actionaid Bangladesh highlighted key Social and Environmental Safeguard issues in Bangladesh and how these are linked to the Sustainable Development Goals. This meeting managed to put this proposal on the agenda of academics (1), high government officials and related experts (1), international and national-level activists (2). In total around 100 people attended the session, approximately half of which were academics, CSO leaders, and activists, while the rest were mainly affected community leaders (4). The proposal for a Land acquisition and compensation framework that AAB and partners developed in 2019 was discussed in a lobby meeting with the Law Commission. The Bangladesh Law Commission is an independent body set up through the law commission act 1996, that carries out research for enacting new laws or for reforming laws and that makes recommendations to the related ministries and departments or the parliament. In this meeting, that was organized by ActionAid Bangladesh with the participation of affected communities and CSOs, AA proposed to reform existing land laws and develop a comprehensive new land law. The Law Commission responded positively to the proposal. [last update: in February 2020, the Law Commission did develop a comprehensive land law including compensation guidelines, in line with the recommendations from ActionAid Bangladesh. This will be reported in the FGG 2020 reports] (1). The People’s Safeguard Committee- Cox’s bazar has organized a seminar on social and environmental safeguards which put the issues raised on the agendas of district, town council and non-government stakeholders (3 government department -DC, DoE and Police), representatives, 1 Local Government representative (Cox’s Bazar pouroshava – town council) and many non-government actors were present in the seminar (2). LNSP conducted biological surveys in the Moheshkhali and Kalapara areas. These reports are used by the LNSP to advocate for changes to the mega-projects being planned and constructed in these areas – these are now on the agendas of the District Commission (DC), Department of Environment (DoE) and other related government department (2). Cambodia (6): There is a mechanism in place already which is led by the Ministry of Interior. It is called “CSOs and Government Partnership”. National NGOs, including AA Cambodia, participate in this forum to review progress in partnership with the government. In 2019, they used this platform to put forward NGO demands on a reform of the restrictive Law on Associations and Non-governmental Organization, which the Ministry agreed to discuss (1). Government officials (Fishery Administrative Offices and Commune Councils, Department of Tourism, and Department of Environment) participated in the training given in May 2019 by ActionAid Cambodia and partners to representatives of nine fishery communities on the Importance of Mangrove Forest and the possibilities for influencing corporate and government actors. Instruments for this that were treated in the training included elements of the United Nations Guiding Principles on Business and Human Rights (UNGPs), corporate social responsibility (CSR), Land Tenure, Land Dispute Resolution and Access to Remedy. As a result of this, these government officials in the provinces of Kep and Kampot have put these concerns on their agendas. AAC will do follow-up work with them and with the local communities concerned in 2020 (2). AAC, the NGO Forum on Cambodia, UNHCHR and Oxfam together conducted a multi-stakeholder dialogue on “Responsible Foreign Direct Investment in Agriculture in Cambodia”. The participants from NGOs and a representative of Vietnam Embassy discussed on the FDI, ELC steps, conflict solution and way forwards. Thus, this was put on the agenda of the Vietnamese Embassy and of the other stakeholders present in the meeting (1). On 24-25 October 2019, a National Advocacy Conference on Land and Natural Resources Governance was conducted by a group of NGOs. The community participation came from nineteen provinces including Pursat, Oddar Meanchey and Mondulkiri. In addition, representatives from the Ministry of Land Management, Ministry of Environment, Ministry of Agriculture participated in the conference. The statement of the conference which stated the key demands and concerns of community were handed to a representative of Ministry of Interior. AAC plans to do follow-up work on this statement in 2020 (1). The CSR Platform of Cambodia of which ActionAid Cambodia is an active member, has lobbied the Council for Development of Cambodia to force companies to take into account CSR principles. As a result, the Council is now drafting a new Investment Law (1). Kenya (13): The National Assembly Committee on Security and Human Rights agreed to develop an HRD Protection Law, as a result of pressure from the CSOs, including ActionAid Kenya. ActionAid Kenya has been involved in developing a draft law with other national CSOs led by the Kenya National Commission on Human Rights (1). Partly as a result of pressure from civil society, including ActionAid Kenya’s partner Taita Taveta Human Rights Watch (TTHRW) with financial and strategic support of ActionAid Kenya, the county government of Taita Taveta agreed to develop a Gender Mainstreaming policy in the mining sector, for mining regulation (local equity participation). ActionAid Kenya’s partner TTHRW is a member of the taskforce developing the Gender Mainstreaming policy (1). In Elangata Wuas, ActionAid Kenya collaborated with the Bertha Connect Foundation to hold a Forum that brought together national and international media to document on the plight of 42 households that have been dispossessed from their lands. The violations were reported in both national and international media, prompting the Governor of Kajiado County to task the County Land Board to fast track the cases and address it (1). ActionAid Kenya and partner Centre for Human Rights and Civic Education disseminated findings from a GIS mapping exercise earlier carried out on coal mining and its implications. This put the issue of coal mining on the agenda of the County Assembly of Kitui and it enhanced the County Assembly members’ insights and real situation on the mining and its effects to the environment (1). With financial support from ActionAid Kenya, its partner Malindi Rights Forum and communities identified land utilization as a core priority during community prioritization forums. This was later put on the agenda of the County staff during the budget public participation forums for incorporation into the new County Annual Development Plans. The community called for holistic physical planning to be carried out in specific villages (1). The Kilifi County Assembly has pledged to draft a Land and Environment Policy and will involve ActionAid Kenya’s partner Malindi Rights Forum in the process. This came out after a two-day meeting between ActionAid Kenya, Malindi Rights Forum and the Land Committee of the Kilifi County Assembly on violations by the corporates in the county, especially salt mining companies (1). A petition on land injustices by wealthy and politically connected persons drafted by ActionAid Kenya’s partner Taita Taveta Human Rights Watch (financially supported by AAK) was submitted to the Senate Committee on Land and Environment. This prompted the Senate Committee to visit Taita Taveta on a fact-finding mission and hold five sittings with the communities. The official report is yet to be released by the committee (1). The National Land Commission (NLC) findings on historical land injustices were disseminated in Marereni and Baringo by ActionAid Kenya’s partners Malindi Rights Forum and Kamnarok Farmers Association respectively. It is still astonishing that recommendations by the NLC are yet to be implemented, especially around the expansion of the salt mining belt. This matter was brought to the attention of the Member of Parliament for Marereni; it became part of his agenda and he pledged to the communities to follow up on the matter (1). ActionAid Kenya, together with several other Kenyan NGOs, organized a national conference around the Community Land Act. During this conference, they discussed their proposals regarding the safeguarding of tenure and citizen’s rights with the National Land Commission and the Ministry of Lands and Physical Planning; it is now on their agenda and they will have to take these proposals into consideration (2). A press release issued by ActionAid Kenya’s partner Taita Taveta Human Rights Watch on Kishushe people’s aspirations and grievances was taken up by the press. It generated considerable public interest and debate and made them a matter of public opinion and debate. This was on the effects of mining on local communities (1). ActionAid Kenya partner Malindi Rights Forum took up the issue of sexual harassment at a salt mining company in Kilifi County. This led to media attention and forced the company to develop an employee handbook, which will contain sanctions against sexual harassment at the work place (1). During the National Conference on Mining, Oil and Gas, ActionAid Kenya supported 8 women and 4 men from affected communities to attend and participate. They were able to share their situational analysis and recommendations towards improvement with other actors, including duty bearers, thus placing it on the agenda of government officials in relevant ministries (1). Mozambique (4): In his inauguration speech, the President of Mozambique announced that during his term, the budget for the agrarian sector will be 10% of the total budget (at the moment it is around 4%), in line with the Malabo/Maputo declaration. ActionAid Mozambique’s partner ASCUT advocated for this for years (1). After training by ActionAid Mozambique’s partner NADEC, women smallholder farmers advocated during Local Consultative Committee meetings for an increase of the number of agriculture extension workers to deliver technical support for smallholder farmers associations. As a result, the local government committed to allocate two more extension workers to the region (1). After training by ActionAid Mozambique’s partner CODESA, farmers associations, community leaders and youth organizations advocated for improved corporate conduct regarding the Land Consultation process and for better corporate social responsibility of investors during District Consultative Committee meetings, where private sector actors were also present. As a result, the private sector committed to improving their social responsibility to provide basic services to the community. For example, one sugarcane company agreed to build a delivery house (1). ActionAid Mozambique’s partner ASCUT participated in the joint validation of the biennial report of the Malabo Declaration, where they advocated for improvement of the quality of technical assistance to smallholder farmers and to provide local quality seeds to improve the yield. Their proposals were included in the final report that was then presented by the Head of State and discussed at the annual session of the African Union (1). Netherlands (103): Binding Treaty (21): The Ministry of Foreign Affairs discussed their engagement with the binding treaty process at the EU-level after parliamentary questions were submitted by a Member of Parliament (SP). ActionAid Netherlands together with FGG partners Milieudefensie and SOMO released a press release calling on minister Kaag to support the treaty in Brussels, the parliamentary questions were based on the press release (1). Three Members of Parliament (Groenlinks, SP, PvdA) indicated to ‘fight’ for the binding treaty during the political event ActionAid Netherlands organized with FGG partners on the 4th of June. During this event ActionAid Netherlands’ proposals for the binding treaty were also put on the agenda of the public sector decision makers present (3). As a result, one Member of Parliament (GroenLinks) (1) spoke out in favor of the binding treaty during the AO IMVO on the 20th of June, resulting in minister Kaag (1) giving more information about her efforts in Brussels. This MP pledged her support during an event ActionAid Netherlands organized with FGG partners, which was followed up in a meeting before the debate (5). The general public discussed ActionAid Netherlands’ proposal on the feminist demands for the binding treaty during an event we organized at Pakhuis de Zwijger in June together with FGG partners. The public took part in an interactive game where they had to reflect on various human rights violations and different identities, based on experiences from LLMICs (1). Four Members of the European Parliament (PvdD, Groenlinks, PvdA, D66) spoke out in favor of ActionAid the Netherlands’ proposal to adopt the binding treaty during an FGG European public election debate. During this meeting the proposal was also put on the agenda of the general public (5). GroenLinks policy officers discussed ActionAid Netherlands’ and partners’ proposal to adopt the binding treaty, after human rights defenders from Mozambique and the Philippines presented their demands, during a lobby meeting with FGG member organisations at the parliament organized by ActionAid (1). During the binding treaty negotiations in Geneva ActionAid Netherlands and partners from Zambia and Guatemala discussed proposals for the treaty text with 6 different government delegations (EU, Netherlands, France, Spain, Finland and Switzerland) in bilateral meetings (6). Media (RTV Noord and Dagblad van het Noorden) picked up ActionAid Netherlands’ and partners’ proposal to adopt the binding treaty, for example through an interview with ActionAid partners from Zambia and Guatemala during the Feminists Unite speakertour and through a joint press release of ActionAid and other FGG partners (1). The Ministry of Foreign Affairs introduced their appreciation of the Binding Treaty in a letter to Parliament, thanks to a request by a SP Member of Parliament for which ActionAid Netherlands and FGG partners advocated (1). Feminist Binding Treaty (14): High-level officials at the Dutch Ministry of Foreign Affairs discussed ActionAid Netherlands’ feminist proposals to the binding treaty, as a result of letters sent to Minister Kaag by ActionAid in collaboration with FGG partners and with MamaCash and WO=MEN (1). The feminist binding treaty and gender due diligence was put on the agenda of the media after an opinion editorial written by ActionAid Netherlands, WO=MEN and Hivos was published on online media platform Joop! (1). ActionAid Netherlands feminist proposals for the binding treaty ‘were discussed by CSOs and social movements during two side-events ActionAid organized with the feminist4bindingtreaty coalition at the negotiations (1). During a parliamentary roundtable where ActionAid Netherlands was invited to speak as an expert the feminist binding treaty demands were put on the agenda of 6 different Members of Parliament (PvdD, Groenlinks, PvdA, SP, D66, VVD) and 2 corporations (Tony Chocolonely and VNO NCW). This was the first time the 6 MPs heard the feminist demands and the first time the D66 and VVD MPs engaged with the binding treaty. As a result 3 MPs (Groenlinks, SP, PvdA) called attention to the treaty during the annual budget debate (8). During an event at the Asser Institute where ActionAid Netherlands was invited to speak as an expert, academics (Asser Institute, Wageningen University, Essex University, OECD Watch) discussed our demands for a feminist binding treaty (1). During the Feminists Unite tour organized by ActionAid Netherlands and partners from Zambia and Guatemala, feminist demands for the binding treaty were put on the agenda of social movements (Groningen Bodem Beweging, Women’s March Groningen, FNV, student association) in the Netherlands for the first time. These movements and ActionAid’s partners discussed their experiences together and exchanged strategies (1). During the Night of the UN organized by the Nationale Jeugdraad (NJR), ActionAid Netherlands organized a feminist leadership workshop for the general public, where we discussed the feminist demands for the binding treaty and got people to sign our petition calling on the Dutch government to ambitiously engage with the feminist binding treaty (1). Mandatory (gendered) due diligence (33): During the political event ActionAid organized at Nieuwspoort with FGG members (SOMO and Milieudefensie) and IUCN NL in June, 3 MPs (Groenlinks, SP, PvdA) spoke out in favor of mandatory human rights due diligence (3). Mandatory human rights due diligence legislation was put on the agenda of the media after ActionAid Netherlands published an opinion editorial on Joop! (1). During a meeting ActionAid organized in collaboration with MVO platform, 2 anonymous corporations spoke out in favor of mandatory human rights due diligence legislation. ActionAid has proposed mandatory due diligence legislation for several years (2). ActionAid Netherlands’ proposal for gender due diligence was put on the agenda of the media after ActionAid published a blog on gender due diligence on specialized media platform Business and Human Rights resource centre (1). The Dutch Ministry of Foreign Affairs discussed ActionAid Netherlands’ proposal for mandatory human rights due diligence during several meetings with ActionAid and partners, and after various parliamentary questions and input by different members of parliament that ActionAid lobbied (1). The Dutch Ministry of Foreign Affairs discussed ActionAid’s proposals for a gender lens to due diligence during a lunch meeting we organized with Green & Justice, ActionAid Zambia and Guatemala. During the same meeting the proposals were set on the agenda of RVO, an important feat as they are the main government agency involved with the conduct of Dutch companies abroad (2). 8 Dutch Ministries (Foreign Affairs, Economic Affairs, Social Affairs, Finance, Infrastructure, Agriculture, Justice, Internal Affairs) and the Social Economic Council discussed ActionAid’s proposals for mandatory human rights due diligence during a high-level meeting ActionAid participated in (8 – MFA already counted in previous outcome). 11 corporations and trade associations (in the banking, dredging and marine, bioconservation, retail, metal and food industry sectors) discussed ActionAid’s proposals for mandatory human rights due diligence during a high-level meeting at the Ministry of Foreign Affairs ActionAid participated in (10 – one already counted in previous outcome). 4 Members of Parliament (SP, Groenlinks, PvdA, CU) spoke out in favour of ActionAid’s proposals for binding measures during the ‘Algemeen Overleg IMVO’ on the 20th of June. As a result, Minister Kaag pledged to research the possibility of speeding up the covenants evaluation. ActionAid Netherlands in collaboration with MVO platform sent input on binding measures to parliamentarians in the run up to the debate (5). Other (35): The Dutch Ministry of Foreign Affairs published a policy letter admonishing the oil & gas sector for their lack of implementation of the OECD guidelines and specifically their lack of grievance mechanisms and urging them to create an action plan for the implementation of the guidelines and the establishment of proper grievance mechanisms. This was the result of the National Contact Point report on the sector which was finally published after ActionAid Netherlands, together with MVO platform, advocated for this (1). The Dutch Ministry of Foreign Affairs embarked on an ambitious multi-stakeholder process to introduce additional corporate accountability regulations, of which gender is a central element. This was initiated after years of extensive lobbying by ActionAid Netherlands and partners, such as MVO Platform and SOMO (1). The Dutch Ministry of Foreign Affairs pledged to strife for revision of the OECD Guidelines to be improved to include land rights and gender in response to parliamentary questions by Members of Parliament. ActionAid Netherlands together with other organizations, such as MVO platform and SOMO, lobbied for this (1). The Dutch Ministry of Foreign Affairs pledged to make gender a central element of the revision of the national actionplan on business & human rights. ActionAid Netherlands together with other organizations, such as MVO platform and SOMO, lobbied for this (1). Four Members of Parliament spoke out in favour of ActionAid Netherlands’ proposal for stricter enforcement of OECD guidelines within trade facilitation policies during the debate on trade facilitation. As a result, Minister Kaag pledged to elaborate on stricter guidelines for Embassies on this topic. ActionAid Netherlands had provided written inputs to the Parliamentarians in the run up to the debate (5). Media (NRC) picked up ActionAid Netherlands’ proposal for improved corporate conduct in Bangladesh, after our research on violence against women was mentioned in NRC (1). ActionAid Netherlands contributed to setting the agenda of the Dutch Ministry of Foreign Affairs and RVO on the inclusion of VGGT and FPIC principles and women’s land rights in the land@scale programme during a number of meetings and consultation processes with stakeholders, including CSOs. As a result, the VGGTs and women’s land rights are emphasized in the programme (1). ActionAid Netherlands, together with ActionAid Brussels and ActionAid International, provided inputs for and feedback on a consultancy paper aimed at improving the European Investment Bank’s (EIB) social and environmental standards from a land and gender perspective. Our advice was taken on board in the final recommendations to the EIB (1). The Dutch Ministry of Foreign Affairs and RVO discussed ActionAid Netherlands’ report on ‘Advancing Equitable Land Governance; Key Lessons for Programme Design and Implementation’, for example during lobby meetings and in the process for the Multi-Stakeholder Dialogue on Land (2). As a result of discussions and lobby meetings of ActionAid Netherlands and ActionAid EU with European parliamentarians on mandatory human rights due diligence, various European parliamentary committees (Human Rights, Trade and Justice) are officially requesting to write their own reports on this topic (3). ActionAid Netherlands’ proposals for mandatory human rights due diligence were discussed by government delegations and corporations during the Finnish presidency conference in Brussels, after ActionAid EU together with civil society organizations advocated for this (2). During the negotiations for the CSR agreement on wind energy, where ActionAid Netherlands was the only NGO at the table, the government discussed ActionAid’s proposals on how to ensure more flexible and more effective/impactful ways in which NGOs can contribute to the sector agreements. As a result, the government organized a wider meeting with a large number of NGOs and CSOs to discuss this further (1). During an event at Pakhuis de Zwijger (Grondstoffenparadox), Stedin and Alliander spoke out about the need for mandatory due diligence laws after discussions with ActionAid Netherlands about the human rights abuses that are linked to the many minerals that are needed and used for the development of renewable energy sources (2). The Bank fur Kirche expressed that investors and NGOs should work together in getting the companies to do their due diligence as a result of ActionAid Netherlands contributing to a round table talk at the European Responsible Investment Network about how to get companies to do their due diligence in the energy transition (1). The International Labour Organization and IMPACT expressed their interest in working with the Women and Mining Working Group, that ActionAid Netherlands is a core member of, after we facilitated and contributed to an interactive session on gendered human rights abuses in the mining sector at the OECD Forum in Paris on responsible mineral supply chains (2). The Copper Alliance discussed how to include all mining affected communities and not just indigenous people as initially stated in the responsible copper scheme that they are developing. ActionAid Netherlands addressed this point at a round table event initiated by the Copper Alliance (1). Government officials from several resource-rich countries discussed ActionAid Netherlands’ proposal on mitigating the adverse impacts of mining on women in a session on gender co-organized by ActionAid during the Intergovernmental Forum on Minerals and Metals in Geneva (1). ActionAid Netherlands published the ‘Human Rights in Wind Turbine Supply Chains’ report, which concluded that wind turbine manufacturers are still lagging behind when it comes to doing their human rights due diligence. The Dutch mainstream newspapers like Trouw, Volkskrant and Telegraaf wrote about the report. We also had coverage in specialist media and on OneWorld (1). As part of an open consultation of the Ministry of Foreign Affairs on the, then recently published, Dutch Implementation Law of the EU conflict mineral Regulation, ActionAid Netherlands set the agenda of the Dutch Ministry, stressing the importance of including rules on transparency in the due diligence process of the companies and the inclusion of CSOs and experts to monitor the implementation of the EU regulation (1). Academics (researchers and Master students from Wageningen University) and civil society discussed ActionAid Netherlands’ proposals for the realization of a just food transition during an event at the Wageningen University that ActionAid co-organized (2). The Dutch Ministry of Foreign Affairs discussed the proposal from the Women Land Rights group, of which ActionAid Netherlands is part, to pay more attention to women’s land rights and local women’s voices during trade missions. As a result, the Ministry paid attention to these topics in a trade mission to Nigeria (1). In response to parliamentary questions, the Dutch Ministry of Foreign Affairs has pledged to advocate for the revision of the OECD Guidelines at the OECD, aimed at improvement of land rights and gender safeguards within the guidelines, after ActionAid and OECD Watch advocated for this with parliamentarians (1). In conversations with the Ministry of Foreign Affairs, ActionAid Netherlands put the importance of respecting FPIC principles and gendered due diligence on the agenda of Dutch policymakers (MoFA, Director of the World Bank and APG) as a result of its research on investments in Brazil that have links with Dutch investment and supply chains, and where environmental and human rights violations have been identified (1). The Dutch Ministry of Foreign Affairs is implementing the revision of the National Action Plan on Business & Human Rights due to an adopted motion by Groenlinks, for which ActionAid Netherlands advocated. The existing National Action Plan does not comply with the standards of the UNGPs and is gender-blind, the revision offers an opportunity to change this (1). Uganda (2): ActionAid Uganda’s contribution as a witness before the Commission of Inquiry into Effectiveness of Land Administration and Governance has led to two recommendations by the Commission. First, the re-establishment of District Land Tribunals, chaired by a grade one magistrate, as full time dispute resolution mechanisms with an expanded membership (1). Second, the restructuring of the Land Act to include the option for disputing parties to both appoint an additional mediator (2). Zambia (7): ActionAid Zambia’s partner and the Local Council undertook an audit to establish the extent of damage of housing units and how other livelihood activities have been affected by the operations of mining companies. The report was presented before and discussed by the District Development Coordinating Committee and the Resettlement Provincial Office on the Copperbelt (1). ActionAid Zambia (AAZ) supported its partner financially and with advice to hold the first ever District Alternative Mining Indaba which attracted various government departments. In the same way, they also supported the holding of two Provincial Alternative Mining Indabas and the national Zambia Alternative Mining Indaba. AAZ and its partners were pushing for the adoption of the Women’s Mining Charter by the government. During these engagements, AAZ and its partners organized side events where the research findings on the status of women in mining communities was shared. This led to the evidence-based advocacy for adopting the women’s mining charter. Now the Ministry of Gender is on the forefront to engage other stakeholders to adopt this charter as it promotes the interests of women in the mining communities (1). ActionAid Zambia’s partner conducted a research on the effects of mining activities on livelihoods for especially women. The key finding was that agriculture is affected by mining, and women have to move long distances to fetch firewood and other forest products. Access and control over land remains a challenge, especially for women. ActionAid Zambia and the community used the outcomes on access to land to inform the ongoing Land Policy formulation of the government, by discussing it with them in bilateral meetings (1). ActionAid Zambia prepared a position paper on the effects of mining on women, based on the Women’s Mining Charter that was developed by the local women themselves with financial support and advice of ActionAid and partners. This paper was submitted to and discussed with the Ministry of Mines, to influence the revision of the 2013 Mineral Resources Development Policy (1). ActionAid Zambia attended the international Alternative Mining Indaba in South Africa, and participated in the march of civil society to ask for an invitation to the regular Mining Indaba as well for them and for communities affected by mining. Now, the regular Mining Indaba is mostly a mining company and government affair. As a result of the march, the organizers of the regular Mining Indaba agreed to invite CSOs and communities next year and to provide dedicated timeslots for them (1). ActionAid Zambia and its partner set up a meeting between a mining company and the community, where they put forward the importance of solid resettlement policies. As a result, the company committed to engage resettled families more and to find ways to solve challenged faces by communities as a result of resettlement (1). ActionAid Zambia and its partner set up a meeting with a mining company and the community and put forward their proposals for improved water provision and the prevention of water pollution. The company committed to sink ten deeper boreholes, and to provide water filters and water pipes to the affected communities (1). Zimbabwe (7): As a result of lobby activities by five CSOs trained by ActionAid Zimbabwe’s partner ZELA, the Zimbabwe Environmental Management Agency has pledged to better monitor mining companies’ Environmental Impact Assessments and to report environmental violations (1). The Zimbabwe Consolidated Diamond Company invited five CBOs to an All Stakeholders Diamond Security Conference in Mutare to discuss the declaration that the CBOs developed with support from ActionAid Zimbabwe’s partner ZELA. Points on the agenda were corporate accountability, continued violations of human rights and a lack of support for local communities (1). The Parliament of Zimbabwe invited ActionAid Zimbabwe’s partner ZELA to discuss its proposed amendments and contributions to the Mines and Minerals Amendment Bill. These proposed changes are focused on ensuring that the Bill includes mechanisms to ensure that communities benefit from mining activities in their areas (1). In Zimbabwe, civil society actors and social movements from two communities discussed and gave their inputs on the proposals of ActionAid Zimbabwe’s partner ZELA to develop an ideal Operational Grievance Redress Mechanism for the Zimbabwe Consolidated Diamond Company during a meeting organized by ZELA (1). Together with the Zimbabwe Diamonds Allied Workers, ActionAid Zimbabwe organized the Manicaland Women’s Symposium on Extractives. During the Symposium, government representatives and policymakers together with other participants discussed ActionAid’s proposals to fight abuse and inequality in the mining sector. These proposals were also picked up by national and local media (2). During a training that ActionAid Zimbabwe’s partner ZELA gave to staff members of the Zimbabwe Consolidated Diamond Company (ZCDC) on Business and Human Rights, the company admitted that their current grievance mechanism is not sufficient. ZCDC requested ZELA to develop an Operational Grievance Redress Mechanism. ZELA has thus far developed the Grievance Redress Mechanism, which is yet to be adopted by the company (1).
Bangladesh (10): Policy makers will discuss ActionAid Bangladesh’s policy brief on the binding instrument on Transnational Corporations and human rights during a consultation workshop with HRDs and CSOs, organized by ActionAid Bangladesh (1). Partner organization YPSA and a people’s commission will publish extensive documentation on people’s struggles related to a coal-fired power plant project, and they will propose alternatives for people’s livelihoods. They will use this proposal in order to hopefully meet community demands for mitigating the adverse effects of the project and for compensation (7). Partner organizations YPSA and IRV will conduct two social audits to measure, understand and report on the adverse impacts that corporate interventions have on women living in the communities. These social audits will be shared with and discussed by the media and civil society (2). Cambodia (6): In meetings of the Cambodian CSR platform, corporates will discuss proposals put forward by ActionAid Cambodia, CCHR and other NGOs on improving companies’ policies related to social, environmental and human rights issues (1). Corporates and policymakers will discuss partner organisation CCHR’s factsheets on what business can do to respect human rights and on the freedom of association and land conflicts during policy dialogue meetings. In the factsheet, CCHR puts forward proposals on the improvement of laws and policies related to business and human rights in the land sector (2). Government officials, corporations and civil society will discuss CCHR’s research report on corporate misconduct during events and engagement meetings. The report describes specific cases related to land, and gives lessons learned and recommendations for policy improvements (3). Attempts will be made to engage a Chinese developer into a dialogue that would lead to them identifying adverse impacts of their activities. So far, the company has refused such a dialogue, so we do not expect a real outcome in 2020 yet (0). Kenya (6): ActionAid supported communities to develop visions for a sustainable future of mining affected communities. These visions will be presented for discussion by corporates and government during sessions towards domesticating the African Mining Vision. (1) ActionAid Kenya and its partners supported women to develop charter of demands on the National Land Policy and its implementation framework. The government is implementing these by developing a training manual on women’s land rights and land sector gender policy. Women will be supported to contribute to these processes using the charter and implementation framework as reference. This will cause the Government Task Force, the Ministry of Land and Physical Planning, the National Land Commission, the Parliamentary Committee and the full Parliament to discuss the proposals by women. (5) Mozambique (7): The Parliament will discuss a partner organisation’s position papers in the process of revising the legal framework around land. The position papers advocate for more attention for women’s rights in the new land policy, as well as for gender-responsive public service provision in the area of land law (1). In the process of the revision of the Mozambican Land Law, the Parliament, the Ministry of Agriculture and the Ministry of Land and Environment will discuss ActionAid Mozambique’s proposals for separating the Agriculture Law from the Food and Nutrition Law, and their proposals regarding the inclusion of rights of women and communities in the new policy framework (3). The government, civil society and investors will discuss ActionAid Mozambique’s proposals on the revision of the legal land policy framework, such as better inclusion of the rights of women and the Free, Prior and Informed Consent (FPIC) principles, during media debates organized by ActionAid Mozambique (3). Netherlands (19): ActionAid Netherlands will continue to highlight the gendered impacts of corporate abuse and put forward the feminist perspective to the binding treaty on Business and Human Rights as a solution. This will be set on the agenda of the Dutch public (1) and media (1) through our campaign activities and stunts and published blogs and opinion editorials. We will set the agenda of the departments DDE, IMH and GTF within the Ministry of Foreign Affairs (3) by providing written lobby inputs and by having structural and ad hoc advocacy meetings. MPs (1) of SP, PvdA, Groenlinks and D66 will discuss this during AOs or by submitting parliamentary questions and we will set their agenda by providing written and oral lobby inputs. It will be put on the agenda of academics (1) and social movements (1) by organizing meetings and by publishing articles and position papers on specialized media platforms (8). ActionAid Netherlands will continue to advocate for the necessity of binding legislation to improve corporate conduct in collaboration with MVO platform. This will be set on the agenda of the Dutch media (1) through our campaign activities and stunts and by publishing blogs and opinion editorials. The agenda of the MPs (1) of ChristenUnie, 50+, D66 and CDA will be set through targeted lobby efforts and they will discuss it during AOs, specifically surrounding the evaluation of the voluntary sector agreements and the implementation of the child labor due diligence legislation. We will put it on the agenda of departments DDE and IMH within the Ministry of Foreign Affairs (2) during a structural dialogue in corporate accountability (4). As a result of the dissemination of ActionAid Netherlands’ report from 2018 on the inclusion of human rights safeguards in the mineral supply chains of wind turbines and the follow up research done in 2019, the Parliamentary Committee on Climate and Energy will increasingly pay attention to the risks in renewable energy supply chains during meetings and debates on renewable energy, climate action and just transition (1). Due to ActionAid Netherlands’ lobby around the effectiveness of the voluntary sector agreements, the Ministry of Foreign Affairs will initiate multi stakeholder talks including civil society, knowledge institutions and companies on mandatory human rights due diligence measures for the metal and mineral sector (1). The industry associations of the renewable energy sector will increasingly put the need for responsible mineral supply chains on the companies’ agenda by organizing meetings on how they can best address human rights risks in supply chains. This will be a result of ActionAid Netherlands’ continued lobby on this topic, using our research on the role of the Netherlands in the international mineral market (1). Corporates involved in mineral supply chains and governments will emphasize the need for stronger gender-sensitive policies in the area of development and trade, and implementation of these policies at national, European and international level. This is a result of continued participation of ActionAid Netherlands in the Dutch government-led working group on women and mining, of the dissemination of papers and of presentations at international fora (see the “Stakeholder Statement on Implementing Gender-Responsive Due Diligence and ensuring the human rights of women in Mineral Supply Chains” on www.womenandmining.org) (2). Due to the results of the research on manganese realized under the African Extractives Working Group (of which ActionAid Netherlands is a member) and the results of the Monitor Brede Welvaart (2018, 2019) emphasizing the Dutch mineral footprint, the Ministry of Foreign Affairs will initiate and engage in conversations with companies and civil society on the realization of a just and fair transition (1). The Ministry of Foreign Affairs will discuss ActionAid’s proposals for mandatory due diligence, put forward in its publication on corporate accountability cases and strategies, in the run up to the evaluation process of the voluntary sector agreements. This publication will be co-created by ActionAid Netherlands and the other FGG ActionAid countries (1). Roving Advisor (1): During a multi-stakeholder dialogue meeting, organized by the Roving Advisor, actors from governments, corporates and CSOs will come together to discuss cases of corporate misconduct. The recommendations coming from this meeting will be used by ActionAid to lobby to regional bodies such as Southern African Development Community, Common Market for Eastern and Southern Africa, African Union and the United Nations. It is expected that at least one of these bodies will discuss the proposal (1). Uganda (4): Affected communities will continue to develop proposals for staying on their land without being arbitrarily chased from it. The proposals will be discussed by the paramount chief, the Office of the Prime minister and Parliament (3). ActionAid Uganda will ask attention for the importance of safeguarding basic human rights and freedoms in Uganda, which will be discussed by the media. This will lead to an increased media mobilization on human rights violations against HRDs and land rights holders (1). This will be possible through facilitating media to document human rights issues, issuing press releases, radio and TV talk shows as well as regular meetings with duty bearers. Zambia (1): ActionAid Zambia and partners will continue to set the agenda of the local, provincial and national government on community priorities and community demands on improved corporate conduct. As a result of their lobby activities, including advocacy papers and engagement in commemorating international days, at least one government body will discuss this further (1). Zimbabwe (8): During local and national Alternative Mining Indabas, organized by partner organisation ZELA and other CSOs, several government departments will discuss the recommendations proposed by ActionAid Zimbabwe, ZELA and other CSOs on improving policies related to corporate conduct in the mining sector. These departments will at least include the Ministry of Mines, the Ministry of Rural Development, the Ministry of Environment, the Environmental Management Agency and the Parliament (5). During a stakeholders’ engagement meeting, organized by ActionAid Zimbabwe and partner ZELA, several representatives of the government will discuss the progress on adoption of the Extractive Industries Transparency Initiative (EITI) in Zimbabwe. ActionAid Zimbabwe will advocate for swift adoption of the EITI to ensure transparency and accountability in the mining sector, and this will be discussed with members of Parliament, local authorities and the Ministry of Mines (3).
Bangladesh (60)
(1) The Life and Nature Safeguard Platform, a major national level CSO platform supported by FGG in Bangladesh, conducted a study and developed a report on the importance of a review of the government’s Schedule-1 classification (the classification of industrial units or projects based on its location and impact on environment) of Environmental Conservation Rule-ECR 1997. The current classification system in Bangladesh (qualifying industrial projects as green, yellow or red) has serious flaws as it e.g. classifies projects extracting fossil fuels such as LNG or LPG as ‘green’ (!). The report has been produced and widely discussed (at national level) by CSOs within the platform’s networks and thus set the public agenda. The study will be used for future advocacy with the Ministry of Environment and Law, and the Department of Environment to improve the ECR-1997. The LNSP has planned to advocate for this with the government in 2021. FGG supported the LNSP through joint strategizing and occasional small grants.
(5) FGG, and a local partner NGO have been advocating and lobbying to the Japanese International Collaboration Agency JICA (1) through the Japanese CSO platform JACSES to comply with the rights of community and environment based on 15 key demands raised by the community. FGG and allies provided evidence and documents from the ground to JACSES. Eventually JACSES organized several meetings with JICA, Sumitomo (1) and SMBC (1) based on the evidence. In addition FGG’s local partner have also advocated and lobbied with CPGCBL (1) through the community’s committee to meet community demands. Subsequently, CPGCBL organized a 3 day long compensation fair and distributed compensation checks to 107 land owners for land, 62 land owners for livelihood and 235 workers for lost livelihood. Moreover, the local government (1) provided additional food support to 560 families who were excluded from the main list. In addition CPGCBL provided food support to 2000 families.
(3) A major civil society platform supported by FGG and a partner CSO network along with the Japanese NGO forum JACSES and another NGO forum, jointly organized 3 international webinars in a series called ‘Listen to Bangladesh—the Voice of Affected Communities’. Six affected communities participated in the 3 webinars including those from the project areas affected by large scale investments in coal power plants. These webinars raised awareness of and mobilized international communities by raising the voices of communities affected by the various social economic and environmental rights abuses linked to large scale coal power plant projects. This has created international solidarity with the affected people. A total of 141 participants of more than 50 CSOs (1), academics (1) and media (1) from 15 countries including Bangladesh participated. This program has increased the confidence of the affected communities to speak out in wider platforms regarding their misery and rights. It has also strengthened networks and alliances with likeminded international level CSOs on the issues related to social and environmental abuse by MNCs, TNCs and DFIs (3).
(2) The Japanese NGO forum JACSES submitted a letter signed jointly with international CSOs to the government of Japan to stop funding a major Coal Fired Power Plant project in development. FGG contributed to drafting the letter with evidence from the ground. The Development Project Accountability Committee under the Japanese ministry of Foreign Affairs responded and eventually a meeting was held between the Japanese Ministerial Development Project Accountability Committee and JACSES on May 1, 2020 where the issues mentioned in the letter were discussed. Another meeting was held in Japan on December 15, 2020 between JACSES and JICA on the coal fired power plant project.
(3) The Life and Nature Safeguard Platform (LNSP) organized 4 online consultations at grassroots and national level on the UN binding treaty. Affected communities, CSOs, ActionAid international and UN representatives and parliamentarians participated in the webinar. The process built awareness among and increased engagement of the affected community, citizens, CSOs (1), UN (1) and government (1) on the UN Binding treaty. A set of recommendations has been produced by the consultation which will contribute to further negotiation on the UN binding treaty and to develop national level law harmonized with a binding instrument. Also, Bangladesh state representatives have participated for the first time in the UN negotiation on the binding instrument held in 2020.
(2) The Life and Nature Safeguard Platform (LNSP), along with 14 CSOs jointly formulated 15 recommendations to the government to take proper action to manage the Corona virus pandemic and to provide safeguards for people, the economy and project affected communities in different mega infrastructure projects areas during COVID-19. The recommendations were signed by ALRD, BAPA, BLAST, BELA, BRATI, BWGED, Food Security Network {KHANI}, JSC-M, LNSP, NCBD, Paribartan, PSM, SEHD, TIB, WKB. Various national level media outlets published the statement.
(3) The LNSP organized a webinar on ‘Corona impacts and future development thoughts’ promoting the alternative development proposals for post Covid Bangladesh mentioned above. At least 3 national level media published reports following the event (3). FGG had facilitated the setting up of the LNSP in 2017 and supported the LNSP throughout FGG with e.g. organizational, logistics and networking support, joint strategizing and occasional small grants for activities.
(3) FGG’s local partner supported a local People’s Commissions in Southeast Bangladesh to organize two press conferences in presence of the construction companies Panta Ocean and POSCO (2) along with journalists (1), workers, and HRDs at a major Coal Power Project site, to raise attention for the fate of local workers who had been fired in the context of the Covid lockdown. After the press conference employer companies commit to re-appoint the local worker who had been fired because of Covid. Eventually not all workers were re-appointed in spite of the promises. FGG and its local partner mutually developed capacities through joint strategizing, joint planning and organizing, mutual linking and networking. In addition, FGG supported the partner with activity funding and logistics support.
(10) 10 local journalists wrote about how community people and the environment have been suffering from corporate interventions in the Khulna area after they attended two press conferences organized by FGG’s local partner through the local People’s Committee. During the press conference, HRDs and the affected community’s committee spoke and shared their concerns and experiences. FGG’s local partner supported the people’s committee through joint strategizing, joint planning and organizing, linking and networking. In addition, FGG supported the local partner with activity funding and logistics support (10).
(6) FGG’s local partner supported a People’s Committee in Southeast of Bangladesh to organize 6 advocacy and lobby meetings with local government, local administrations and corporates on compensation, rehabilitation, resolving the problem of water logging, employment and skill training for alternative livelihood options. Eventually, various initiatives were made by local government (1), local administration (1), construction companies (2), JICA (1) and CPGCBL (1) to meet the community and CSOs demands). These included compensation for land lost, compensation for lost livelihoods, food support for vulnerable families during Covid-19, and arrest of corrupt officials. FGG supported the local partner through joint strategizing, joint planning, and with activity funding.
(22) The LNSP and allied CSOs proposed a set of recommendations based on the LNSPs policy brief on the UN binding treaty on Business and human rights and presented these recommendations to the Parliament (1), media (5 national newspapers) (5), 15 key CSOs (15), and the UN Bangladesh mission (1)) AA supported the organisations throughout the year with technical advice, linking and networking support.
Cambodia (5)
(2) A community’s representative is a woman land activist who is advocating the National Authority for Land Dispute Resolution (NALDR) (1) to claim their land back. AACambodia and its strategic partner CCHR provided legal support and advice. NALDR, wrongfully, wrote in the minutes of one of their meetings that the community didn’t own land in the disputed territory. The community successfully convinced NALDR to correct the minutes. The representatives of the community also submitted the community intervention letter to NALDR again requesting to expedite a possible resolution for their land dispute with a Chinese developer. In response, there was an official letter issued by a general secretary of NALDR, transferring the case to the Pursat provincial authorities to act on. Additionally, there was a meeting organized by a Pursat deputy governor (1) who said that a remedy for the remaining 15 families will be kept to the original offer which was 50 x 100 meters of land per family.
(1) After AACambodia and its strategic partner CCHR provided legal support and advice or ideas to a commune (383 families) in Oddar Meanchey province, the community members engaged with several levels of government to change their policy and to seek remedy for land grabbing. This resulted in the Deputy Governor (1) stating that the authorities will take action on it after harvest season.
(1) After legal advice by CCHR (AA Cambodia’s strategic and financial partner), the representative of the land community, managed to stop a court case. He successfully provided evidence of incomplete policy documents. This case dealt with land dispute with a powerful party. Now, the affected families are safe without intimidation and the land dispute case has been put on the agenda of the district authority (1), who committed to seek remedy for the communities.
(1) CCHR, strategic and financial partner of AA Cambodia, met with the deputy governor of Oddar Meanchey province, the Chief Officer of the department of environment, and the Chief Officer of provincial hall, to discuss the negative experiences of some companies whose operation in Cambodia has collapsed due to failing to respect human rights and follow the UNGPs and CSR. Together they discussed alternative policies which do respect human rights and follow the UNGPs and CSR. Among these companies are a sugar producer, plantation and company in the Koh Kong province.
India (2)
(2) In India, ActionAid published a research about the effects of a new coal-fired power plant built in Bangladesh on the world’s largest mangrove forest, the Sundarbans. We formulated policy recommendations related to the impacts on the fragile ecosystem, but also on women’s livelihoods. The recommendations were discussed with policymakers (1) and academics (1) during a meeting organized by ActionAid India.
Kenya (16)
(1) Through a multi-stakeholder platform, supported by UN-FAO and convened by AAIK, the Land Sector Gender Policy was drafted and submitted for subsequent steps to the Cabinet Secretary (1). This is a new issue put on its agenda to prepare for adoption after lobbying. Together with the platform members, AAIK collected community views on the draft land sector gender policy in six counties. The policy awaits adoption by the Cabinet upon presentation by the Ministry of Land and Physical Planning Cabinet Secretary.
(4) After a meeting in Kilifi, organized by a strategic partner of AAIK, for 3 salt firms (1), the departments of Environment, Land and Gender (1) and the national Environment Authority (1), to discuss gendered and environmental impacts of the salt mining companies, the County Chief Executive Officer (1) in charge of gender will take water issues (salinization, closure of paths to access water sources making women to walk long distances to access water) to the cabinet for redress and promised to initiate drafting of a policy on gender responsive public services in the salt belt.
(1) A salt company (1) is yet to update its sexual policy and expressed interest in allowing AAIK to help them make their policy in line with current laws. This is a result of a lobby meeting to address sexual exploitation complaints from female employees. The meeting was attended by the companies, female employees from the salt firms, Community Liaison Officers between salt companies and the community, Kenya Association of Manufacturers and the Kenya National Commission on Human Rights.
(1) TTHRW, AAIK’s implementing and strategic partner, held a media briefing on the processes of registering community land. Sifa FM station (1) was interested and gave TTHRW one hour airtime for free to speak on the registration processes, and women rights to land with the aim of reaching more residents of Taita Taveta county.
(1) In Marereni, MRF (strategically and financially supported by AAIK) mobilized the media (1) (television news) three times in case of human rights violations. Once, impacted women spoke about their disagreement with the Kenya National Commission on Human Rights, which report stated that significant progress had been made in addressing human rights violations. The other moment dealt with salt mining company which was destroying vegetation, crops and houses to pave way for salt mining. The third moment dealt with a salt company which disobeyed a court directive to stop expansions.
(2) In Baringo, AAIK’s strategic partner KFA engaged the media(1) (Online print) to expose human-wildlife conflict and violations by the a wildlife company. This prompted the Department of Land of the County Government of Baringo (1) to have a meeting with the company to discuss the issues raised.
(1) In Mwingi, AAIK’s strategic partner CHRCE collaborated with media, both radio and newspaper about the ESIA report for mining company putting emphasis on environmental impacts and air pollution. They also spoke to various victims of human rights violations happening -after the media programmes. CHRCE witnessed an upsurge in the violations reports they received and also had a follow up interview with the Star Newspaper.
(2) AAIK’s strategic partner Ujeri engaged the media (1) (community online media) to expose the Ministry of Land officials who had wanted to commence adjudication process for a community without giving the community adequate notice. The circulation prompted the local area county commissioner (1) to call for a stakeholder meeting to agree on a workplan for the exercise.
(2) In Marereni, AAIK’s strategic partner MRF supported a community of 2,400 people in a village to stop grabbing of 779.5 acres of land they have lived on and farmed for generations. The salt mining company was grabbing this land. MRF had trained 20 Trainers of Trainers on how to capture land violations data and disseminate this information. This is used by a forest company (1) in court as part of evidence. The County Government of Kilifi (1) is currently working with MRF and the community to identify the number of households and residents living and working on the land as the company had indicated that there are no people on the land.
(1) The County Government of Kajiado (1) is drafting an Investment Policy, an enforcement of the polluter pays principle and the remedy principle of the EMCA 1999, that will make all land transactions to be approved by the County Land Management Board to protect vulnerable women from the corporates who are getting into agreements for leasing land with uninformed women. This draft policy is a result of lobby efforts by AAIK for proper protection of women’s rights and women land rights.
Mozambique (7)
(3) AA Mozambique promoted regional policies as alternatives to current policies which don’t align with national policies. AA Mozambique participated in meetings with local governments (1) and members of two local consultative councils (2) to inform them on and to discuss different regional policies (SADC Regional Agricultural Investment Plan- RAID-2017, SADC Food and Nutrition Strategy Sept2014, SADEC Regional Agriculture Policy-RAP 2015) and AU Malabo Declaration.
(3) The government(1), civil society(1) and investors (1) discussed ActionAid Mozambique’s proposals on the revision of the legal land policy framework, such as better inclusion of the rights of women and the Free, Prior and Informed Consent (FPIC) principles, during debates and meetings organized by ASCUT.
(1) At national level, AAM as member of ASCUT participated in and influenced the review of the new land policy with the Ministry of Land and Environment, Ministry of Agriculture and Members of Parliament and INGD (disaster management institute). As a result of our participation, on 16th of October the President of Mozambique launched the initiative for consultation for the review of the land policy, and incorporated gender issues (1).
Netherlands (68)
(2) The necessity of the EU to formally take part in the UN treaty negotiations was set on the agenda of 6 members of parliament (1) after ActionAid and other organizations handed over a petition with 847.000 signatures, 2.000 of which for a feminist binding treaty, in January. As a result 3 members of parliament discussed it with Minister Kaag (1) during a parliamentary debate on corporate accountability.
(2) The Dutch Ministry of Foreign Affairs (1) actively requested the European Commission (1) to draft a negotiation mandate and to do a legal analysis of the treaty text, both steps that will increase the likelihood of a formal engagement of the EU with the negotiations, as a result of ActionAid lobby towards parliament that kept the treaty on the parliamentary agenda.
(1) Five ActionAid offices (in Guatemala, Zimbabwe, Bangladesh, Nigeria and Malawi) put ActionAid’s and the feminist4bindingtreaty coalition’s gendered recommendations for the UN binding treaty on the agenda of the UN treaty negotiations (1). This was also discussed during the negotiations, after introduction by our colleague from AA Guatemala.
(1) In December, Minister Kaag (of aid & trade) (1) committed to engaging with the European Commission on the treaty and to send a written update about this, after 1 member of parliament requested an update about the UN treaty process due to ActionAid lobby inputs.
(6) Civil servants of the Ministry of Foreign Affairs (1), Members of EU parliament and their policy officers (1), civil servants of the EU Commission (1), corporations (1) and Dutch and EU civil society (2) discussed the importance of including gender due diligence in Business and Human Rights policies and laws after ActionAid organized a webinar that 150+ people attended and spoke at various Dutch and EU civil society events about the report ‘We Mean Business: Protecting Women’s Rights in Global Supply Chains’. As a result, Dutch and EU civil society networks included gender due diligence in their main advocacy tool for the year.
(1) 4 political parties submitted an initiative proposal for mandatory human rights due diligence legislation with strong gender lens to parliament (1), after ActionAid and the MVO Platform working group on due diligence lobbied and campaigned for this.
(3) The election programs of 3 political parties (D66, GroenLinks, SP) contain a commitment to mandatory human rights due diligence legislation, after ActionAid provided recommendations for this.
(1) The Ministry of Foreign Affairs (1) acknowledged importance of including a gender lens in the revised national action plan on Business and Human Rights. This was recommended by the Dutch Institute for Human Rights, after ActionAid participated in the consultation process putting forward this recommendation.
(3) 3 members of parliament (1) spoke out about the importance of gender due diligence during two parliamentary debates and 1 member of parliament submitted parliamentary questions. As a result, the Ministry of Foreign Affairs (1) contacted the involved palm oil companies (1) who indicated they are addressing the issue. This is in direct response to AANLs recommendations to pose questions/ submit motions and sharing the report with parliamentarians.
(1) A motion was submitted to parliament (1) to ensure women’s rights organizations will be engaged in the government advice to companies on corporate accountability. This is in direct response to AANLs recommendations to pose questions/ submit motions and sharing the report with parliamentarians.
(2) The need for national mandatory human rights due diligence legislation was discussed by 4 members of parliament (1) during various parliamentary debates, after ActionAid lobbied and campaigned and published opinion-articles about this. As a result, Minister Kaag (aid&trade) (1) committed to introducing national legislation if there is no EU law by summer 2021.
(1) A motion to make women’s rights a structural element of the new Dutch corporate accountability policy was adopted by the House of Representatives and Minister Kaag, after ActionAid put the issue on the agenda by means of the palm oil report.
(1) The European Commission (1) committed to establishing mandatory human rights due diligence legislation in April, after ActionAid NL and AAEU lobbied for this for years.
(6) As result of ActionAid’s lobby, exchange with the industry association of wind energy and the publications on human rights in wind turbine supply chains, at least 6 companies, namely Vattenfall, Enercon, Engie, Orstad, Nordix, Eneco and many others through industry association WindEurope and NWEA) have joined the (development of) the wind sector agreement and meet at least three times a month to discuss and shape policies on how to make wind energy supply chain more responsible.
(2) ActionAid Netherlands contributed to the organization of a webinar ‘Women & Mining’, and invited our local partner (MACUA, from South Africa) to speak in the webinar. During this webinar, at least two companies working in mineral supply chains, International Finance Corporation (IFC) of the World Bank Group (1) and Jevois Mining Ltd. in Uganda (1), participated, and emphasized that they will put policies in place to ensure their due diligence actions are gender-responsive.
(1)Based on ActionAid’s publication on the realization of a just energy transition, the mineral department of the Dutch Ministry of Foreign Affairs (1) used ActionAid’s recommendations to shape their ambitions and goals for its membership at the Intergovernmental Forum for responsible minerals and metals.
(1) Based on ActionAid NL’s expertise on Just transitions, The Ministry of Foreign Affairs (1) requested ActionAid’s participation in the a round table to shape the World Banks’ climate smart mining policies where we gave spoken and written input.
(1) Based on the recommendations of ActionAid on respecting human rights in mineral supply chain, the Ministry of Economic Affairs (1) is now researching how to best include the demand on human rights due diligence in their tender procedure for the wind energy.
(31) ActionAid coordinated and presented Climate Action Network (CAN’s) submissions to the UNFCCC government workshops on Agriculture, where the recommendations were discussed by 31 governments during the workshops, in preparation for decisions later this year. Among these governments were representatives from India (1), Switzerland (1), Egypt (1), Iran (1), Brazil (1), UK (1), Uruguay (1), China (1), South Sudan (1), Japan (1), New Zealand (1), Mexico (1), Tunisia (1), Austria (1), EU (1), South Africa (1), Peru (1), Poland (1), Norway (1), Argentina (1), Costa Rica (1), Chile (1), Dominican Republic (1), Germany (1), France (1), Sweden (1), Vietnam (1), Pakistan (1), Bangladesh(1), Kenya (1), Ghana (1). Recommendations included shifting from intensive models of agriculture towards agribusiness.
(1) ActionAid co-organized, in collaboration with Lund University (Sweden) a workshop between international academia (1) and civil society, on the role and risks of so-called “negative emissions” and “net zero” climate targets. This has helped to influence academic understanding and narratives about “net zero” climate targets and technologies, which has led to more academics speaking out and publishing articles about the risk of corporate greenwashing and weak “net zero” climate targets.
Uganda (4)
(1) In 2020, a parliamentary committee that had been formed (in 2019) to investigate the root causes and facts related to the Apaa land conflict, published an important report (1) with their analysis of the situation and possible ways forward to resolve the conflict. ActionAid Uganda together with communities from Apaa, community leaders and the district leadership had been advocating over the past years towards members of parliament to put the Apaa case on the parliament agenda and the forming of the committee can be seen as a result of this lobby.. The Apaa communities have been suffering for years from great injustice done to them, including mass land grabbing, destruction of houses and other property, intimidation, and a wide range of other human rights violations (right to health, right to education) over the years while the government remained silent about it. ActionAid continued to stand by the communities and supported them to stand up for their rights and raise their concerns (1). In 2020, ActionAid facilitated for the Apaa community to be able to provide inputs to the committee for the report, AAU and partners appeared before the committee as expert witnesses to the land struggles of Apaa people and also worked with the local communities, religious and traditional leaders encouraging them to give evidence before the parliamentary committee. After the report had been published, AA held meetings with the community to explain the main points of the report to them, and bring back the community’s points of view regarding the preferred way forward back to the parliamentary committee.
(1) During the Land Awareness week that AAU organized in the West Nile, the Ugandan National TV helped raise awareness of issues around land in Uganda through a people’s parliament that brought together key stakeholders and especially women to discuss issues of women and customary land ownership, which is an issue of major concern in the area as women were not allowed to own land but only access it for cultivation. AAU and partners promoted formal land titles for women too (not just men) and for women to be included on certificates of customary ownership.
(1) The same discussion was held in the media (1) including on Facebook, YouTube, twitter, TV and 7 radio stations in Kampala and West Nile.
(1) During the same Land Awareness Week, the community petitioned the Minister of land, housing, and urban development in order to allow women to own land and be included on the certificates of customary ownership. Subsequently, on behalf of the Minister, the Commissioner of Lands discussed the issue of women being part of the customary land title ownership on national TV.
Zambia (7)
(1) ActionAid Zambia in collaboration with the CSO alliance on extractives continued to engage the Ministry of Mines through the established platform between CSOs and the Ministry of Mines on the need to review the Mines and Minerals act. As a result, the Ministry of Mines commenced the process to review the Mines and Minerals Act of 2015 to take into consideration the gaps identified by CSOs and host mining communities.
(3) During an event organized by ActionAid Zambia and the Centre for Environmental Justice, a large number of stakeholders discussed corporate accountability in the context of sustainable development and protection of the environment. The government (1), traditional leaders (1) and mining companies (1) committed to a number of follow-up steps to improve corporate accountability in the mining sector.
(1) On International Women’s Day, ActionAid Zambia discussed issues around corporate accountability and community participation in decision-making with government representatives. The government representatives acknowledged that it is indeed important that relocation around mining projects needs to be arranged better, and that the Mines and Minerals Act should be reviewed in a gender-responsive way.
(2) ActionAid Zambia and its partners supported communities affected by mining to engage the government and mining companies on the gaps in public service provision in their areas, using the social audit report that they had developed in 2019. They discussed their proposals for improvement of health and education standards with the District Administration (1), and their proposals for how the mining companies can support local clinics with the mining companies (1).
Zimbabwe (11)
(1) During the local and national Alternative Mining Indabas organized by ActionAid Zimbabwe, ZELA and other CSOs, several government departments (Ministry of Mines, the Ministry of Rural Development, the Ministry of Environment, the Environmental Management Agency and Parliament) discussed the recommendations proposed by ActionAid and ZELA on corporate accountability in relation to women’s and human rights. In addition, the Parliamentary Portfolio Committee on Mines (1) promised to visit mining communities in Marange and Mutoko to investigate the violations by mining companies.
(1) As a result of advocacy efforts by ActionAid Zimbabwe’s partner ZELA, the Parliament of Zimbabwe invited ZELA to discuss ZELA’s proposed amendments and contributions to the Mines and Minerals Amendment Bill.
(2) ActionAid Zimbabwe as a member of the Publish What You Pay Coalition launched a research on transparency laws and policies supporting revenue transparency and accountability during a side session at the Zimbabwe Alternative Mining Indaba. Based on the recommendations from the research and the discussions during the meeting, representatives from the Parliamentary Portfolio Committees on Mines and on Finance pushed their Ministries to reconsider joining the Extractive Industries Transparency Initiative.
(1) As a result of training of its security staff on Business and Human Rights by ActionAid Zimbabwe’s partner ZELA, the Zimbabwe Consolidated Diamond Company requested ZELA to develop an Operational Grievance Redress Mechanism for the company.
(1) As a result of lobby and advocacy meetings by ActionAid Zimbabwe, the Zimbabwe Human Rights Commission (ZHRC) has committed to develop a National Action Plan on Business and Human Rights. During a side session at the Zimbabwe Alternative Mining Indaba, organized by ActionAid Zimbabwe, the representative of the ZHRC mentioned that the draft had been completed.
(2) As a result of lobby and advocacy by ActionAid Zimbabwe and partner ZELA on the importance of having solid grievance redress mechanisms in place, two mining companies in Mutoko have verbally committed during a meeting to adopting grievance redress mechanisms in the form of registers.
(3) ActionAid Zimbabwe’s partner ZELA conducted a multi-stakeholder meeting to discuss the results of its research on ‘Impacts of coal-fired power stations on climate change’ with Parliament. During the meeting, the findings from the report and recommendations for government were discussed with the Parliamentary Portfolio Committees (PPC) on Environment, Agriculture and Climate Change, the PPC on Mines and Minerals Development and the PPC on Land.
NL-KVK-41217595-FGGAANLTOC2
Stichting ActionAid
FGG AA ToC 2: Improved Trade and Investment
The Fair Green and Global (FGG) alliance is an alliance of six civil society organisations. Both ENDS is the lead agency, and other member organisations are: ActionAid, Clean Clothes Campaign, Milieudefensie (Friends of the Earth Netherlands), SOMO and Transnational Institute.
Both ENDS
ActionAid Netherlands
ActionAid Netherlands
ActionAid Netherlands
Linda Fokkema
Acting Head Program and Partnership Development
linda.fokkema@actionaid.org
http://www.actionaid.nl
Stadhouderskade 60, 1072 AC, Amsterdam, The Netherlands
2017 Q1 Cumulative TOC2
2017 Q1 Cumulative TOC2
2017 Q1 Cumulative TOC2
2017 Q1 Cumulative TOC2
150869
207445
207445
207445
169727
147858
165740
2018 Cumulative ToC2
232965
99388
TOC2 2017 Expenses
61589
180739
2017 Q1 Cumulative ToC2
2017 Q1 Cumulative ToC2
Outcome E: Policies Changed
Policies related to trade and investment are improved, so that they advance policy coherence for development.
2.E
# mechanisms, policies and regulations improved or introduced by national, regional and international government bodies to ensure policies related to trade and investment advance policy coherence for development in LLMICs.
All baselines are set at 0
AA NL (1): - Policy Coherence for Sustainable Development for right2food contributions by AA NL to Ready for Change report contributed to agenda setting, parliamentary motions and additional commitments from the Dutch government to monitor policy coherence re food security policies better. In a policy brief the Minister made commitments on increased monitoring of policy coherence. (1) - AA NL's recommendations made for revised EU-RED biofuel strategy with more emphasis on ILUC and phasing out food based biofuels contributed to improvements in the original proposal of the EU, as well as the Dutch policy proposal yet to be adopted (expected 2017).
Netherlands (1): On biofuels, the Dutch government has officially committed a cap of 5% and outphasing of palm oil and soy, including a reference to land issues that need to be prevented in December 2017. At EU level a cap of 7% until 2030 was adopted. ActionAid supported other CSO efforts on this, as well as met with Ministries, emailed MEPs directly and used social media, building on our work in the past as well. (1)
Netherlands (1): ActionAid will engage with government on climate and energy policies to have acknowledgement of land rights included and/or incentives for risky large scale investments reduced.
NL (4): The new trade policy of the Ministry of Foreign Affairs explicitly states that there will be agreements on gender in new EU trade agreements. This was the result of ActionAid Netherlands’ and WO=MEN’s lobbying of Parliament and the Ministry (1). In the new aid and trade policy minister Kaag pledged to make positive steps towards gender mainstreaming, which means gender will be considered in all elements of her policy: trade, corporate accountability, emergencies, food security, climate etc. This was a result of our lobbying efforts together with WO=MEN and Partos (1). ActionAid Netherlands was active as a part of the official Dutch delegation to the CSW62 in feeding into and shaping the CSW62 outcome document which is a tool for governments worldwide to make progress on women’s rights. This led to the Dutch government and the EU negotiating block adopting a number of ActionAid recommendations, on land ownership and control, gender responsive public services, unpaid care work and unequal power relations. ActionAid’s involvement contributed to a progressive outcome document (policy/declaration) (1). In the EU, with regards to regulating finance, together with other NGOs ActionAid Netherlands played an important role in the drafting of amendments to the EP position that included strong language on human rights due diligence, along with safeguards relating to indigenous communities and food security. As a result the European Parliament draft report on the “Taxonomy” regulation includes stronger minimum safeguards on human rights, and amendments tabled to the draft report expand on human rights even further and strengthen due diligence requirements (1).
ActionAid will influence government bodies to adopt or improve at least one policy/mechanism that will improve policy coherence for sustainable development related to the right to food.
Netherlands (2): • ActionAid Netherlands will specifically aim to influence new government policies that (can) affect the right to food in LLMICs and where we see potential to reduce harm, as well as promote positive impacts on land and food. This includes climate, agriculture, and energy policies. We will also support international climate processes via AAI. As a result, we expect one policy or mechanism to be improved or introduced by the Dutch government or an international body (EU or UN) (1). • ActionAid Netherlands will promote more gender-just trade and investment policies of the Dutch government. As a result, we expect at least one policy change that will advance policy coherence for development in LLMICs (1).
Netherlands (1): ActionAid Netherlands will promote more gender-just trade and investment policies towards the Dutch government by highlighting (in reports) instrumental and tokenistic use of women’s rights or gender blind approaches within the formulation of the Dutch trade and investment policies. These different interventions will be brought together in our engagement with the Dutch government on the Action Plan on policy coherence for development. As a result, we expect that the government will improve the Action Plan in order to prevent negative gender impacts when it comes to trade and investment (1).
Outcome F: Practice Changed
Improved trade and investment policies and processes are implemented and enforced.
2.F
# mechanisms, policies and regulations implemented and enforced by national, regional and international government bodies to ensure policies related to trade and investment advance policy coherence for development in LLMICs.
All baselines are set at 0
Netherlands (1): The first formal PCD reporting by the Dutch government (a result of lobby in earlier years) took place, as well as SDG reporting, both of which provide an important mechanism for advancing PCD. AA has contributed to this over the past years, including the motion and round table by former MP van Laar that resulted in this reporting commitment from the Dutch government. (1)
ActionAid and its partner organisations will influence one government to change practices as a result of pressure for policy coherence for sustainable development.
Netherlands (1): ActionAid continues to lobby for the institutional requirements to ensure SDG implementation and policy coherence, such as good dialogue and coordination mechanisms between different Ministries in the Netherlands, as well as implementation of the policy coherence action plan, good impact assessments and SDG test. We will lobby together with Building Change and other CSO coalitions. As a result of our lobby activities we expect that at least one policy or mechanism will be better implemented by the Dutch government in 2019 (1).
Outcome A: Enabling Environment
The rights and (legal) space of people, communities and civil society actors in Low- and Lower-Middle Income Countries (LLMICs) active on trade and investment are protected.
-
2.A.a
# mechanisms put in place or improved by governments that guarantee access for civil society to democratic decision making processes related to trade and investment, including the right to resist developments.
All baselines are set at 0
Netherlands (1): The Dutch government put in place a mechanism for SDG planning and implementation monitoring involving government, private sector and civil society. ActionAid has supported Partos and Building Change lobby for putting SDGs on the agenda and installing SDG monitoring by the Dutch government throughout the years (including Ready for change reports 2016). In 2017 we supported lobby letters on this to parliament, joined the ‘adopt an SDG initiative’ and provided inputs for the shaping of a Dutch SDG implementation and monitoring system through online consultation (survey Partos). (AA re-emphasized the need for monitoring PCD, which means PCD between trade & investment and economic targets on one hand and tax justice and human rights, including women’s rights and the right to food, on the other hand.) (1)
Kenya (1): ActionAid will support development of laws and policies on land and extractive sector at the county level through policy analysis. In doing this, partner organisations will be supported to initiate actions that lead to development of a county investment code of conduct and promote its full implementation. We see no guaranteed results in 2018. Further, ActionAid will facilitate relevant stakeholders to generate a more binding framework for implementation of the women land rights charter. We will follow this up with strengthening rural women’s capacity to audit/ track implementation of the charter and holding the state agencies to account. As a result we anticipate the state agencies will adopt components of the charter of demands on women’s land, property and natural resources rights which will ensure engagement and decision-making power of civil society in future land investments. This is counted as 1. Netherlands (1): ActionAid will contribute to emphasize the importance of the annual monitoring exercise and dialogue of the government with civil society on the SDGs, with specific focus on Policy Coherence for Sustainable Development i.r.t. the right to food for women and men. With new government it is important to ensure this mechanism stays in place and improves where possible. We will therefore include it in our lobby and continue to support the PCSD and SDG efforts of other CSOs such as the Adopt an SDG initiative.
Kenya (1): ActionAid Kenya coordinates the multi-stakeholder platform [of which the National Land Commission (NLC) is a member] that developed the framework for implementation of women’s rights to land through extensive participation of grassroots women. Because the NLC was also intensively involved, their thinking was influenced and they entrenched women land rights into the comprehensive program for registration of land titles. Being an advisor to the national government on comprehensive registration of land titles throughout Kenya as per Article 67 (2)(c) of the Constitution of Kenya, the Government is obligated to implement it therewith capturing the interests of women on land (1). NL (0): ActionAid Netherlands, together with Wo=Men, Wide+ and Both ENDS pushed the Dutch government for facilitating civil society participation involvement in the Trade and Gender conference organized by the Netherlands, the WTO and the World Bank- in order to have Southern civil society voices heard and give them access to decision making. Although we were not able to ensure that there was a civil society member (from the Global South) on any of the panel discussions, we did have various interactions with the Dutch Ministry of Foreign Affairs about this issue, and we assisted in organizing diverse civil society presence and a strategy for influencing (0).
Kenya (1): In 2019 state agencies will adopt components of the charter of demands on women’s land, property and natural resources rights. This charter is a result of ActionAid efforts in facilitating multi-stakeholder processes to generate a more binding framework for the implementation of the women land rights charter and strengthening rural women’s capacity to track implementation of the charter. ActionAid will follow this up with strengthening rural women’s capacity to audit/ track implementation. This will ensure engagement and decision-making power of civil society in future land investments (1). Netherlands (2): • ActionAid Netherlands will contribute to and emphasize the importance of the annual monitoring exercise and dialogue of the Dutch government with civil society (through PARTOS) on the SDGs. ActionAid will put specific focus on the importance of Policy Coherence for Sustainable Development and specific issues such as the right to food for women and men. As a result, we expect that the government will address these issues more prominently in the dialogue (1). We will also monitor and if possible contribute to the new SDG ‘test’ (but no specific target here). • ActionAid Netherlands will lobby the Dutch government to introduce a mechanism for comprehensive gender consultations during trade missions. As a result of this mechanism we foresee that gender experts and a diversity of women from different forms of work (informal, formal, unpaid, paid) and sectors (agriculture, export industry, public services) are consulted to help shape gender-just trade agreements and practice (1). • ActionAid will continue to emphasise the importance of access to decision-making around climate, food, trade and investment for civil society and particularly women. We will particularly reach out to Dutch MPs and civil servants of different Ministries and bring in voices from Southern partners directly as well as lobby for their engagement in international fora (e.g. COP/ Climate spaces and CFS). This might not result in particular mechanisms directly (0).
Kenya (2): The Ministry of Lands and Physical Planning and the National Land Commission adopted components of the charter of demands on women’s rights, property and natural resources rights. They are now leading a process of developing a new gender policy for the land sector and a new training manual on women’s rights to land – neither existed before. This is being done together with a new taskforce consisting of civil society organizations, including ActionAid Kenya. Through this taskforce, ActionAid Kenya has access to decision-making around women’s rights to land (1). ActionAid Kenya developed a guide on how to establish multi-stakeholder platforms on land rights at the county level, anchored under the national Multi-Stakeholder Implementation Framework on Rural Women’s Land Rights. They held meetings with four Counties with the aim of convincing them to establish the county-level platforms. As a result, the County of Taita Taveta put in place the platform, to coordinate planning and implementation of actions that fast track the realization of women’s rights to land. Civil society has access to this multi-stakeholder platform (1). The Netherlands (1): The Dutch government opened up the women’s land rights workstream of the Multi-Stakeholder Dialogue on Land to more NGOs. As a result, these NGOs now have better access to decision-making by the government, for example when it comes to policies regarding trade missions. ActionAid Netherlands lobbied for this improvement, using evidence and cases from LLMICs (1).
Kenya (1): ActionAid Kenya and partners will hold lobby meetings with key people and institutions who/that can fast track enactment of investment laws and community land laws and who will foster their implementation. Because of these lobby meetings, government will implement/enforce the community land act 2016 where community land committees shall be established and functional. In the committees CSOs will have slots; they will be able to influence decisions on trade and investment (1). Netherlands (3): ActionAid Netherlands will continue to emphasize the importance of access to decision-making around trade and investment for civil society and particularly women. We will particularly reach out to Dutch MPs and civil servants of different Ministries and bring in voices from Southern partners directly as well as lobby for their engagement in international fora. We expect this will result in an improved or adopted mechanism included within the action plan for Policy Coherence for Development (1). As part of the Agroecology Promotion Coalition, ActionAid Netherlands will lobby the Ministry of Foreign Affairs and the Ministry of Agriculture, Nature and Food Quality to put in place a mechanism related to support for agroecology. While the exact format is still unclear, we expect that one of the Ministries will put in place this mechanism, and that CSOs will be able to use it to engage with the government on agroecology promotion (1). As a result of lobby by ActionAid Netherlands, the Dutch Ministry of Foreign Affairs will improve either the Multi-Stakeholder Dialogue on Land or the Land@Scale programme to include more system approaches that link land rights, land use, agroecology and climate change adaptation and mitigation. Both mechanisms provide access for civil society to engagements with the government on issues related to land (1).
Kenya (3)
(1) As part of the Community Land Act 2016, the county community land registrars (1) were initiated by the Ministry of Land and Physical Planning. This is the result of AAIK mobilizing communities and lobbying state actors in readiness for community land registrations. These county community land registrars will improve the situation for communities to have strong arguments and evidence for decision making in terms of securing community lands from land grabs or large-scale investors.
(1) In Mwakirunge, 6 women were elected to become adjudication committee members for the Settlement Scheme which was formed in the presence of the government officials. (1). The Settlement Scheme is now improved by advancing women’s land rights and ensuring more women are allocated land. This happened after the community, supported by AAIK, rejected the previous committee whose term had ended but wanted to continue being in office. The national government organized elections.
(1) In Kitui, the government initiated a multi stake holder platform (1) with AAIK's strategic partner, CHRCE as a member, to work jointly to actively monitor women land rights violations. The multi-stakeholder team will also be working closely with the land committee at the County Assembly on addressing women land rights. This is a result of AAIK and CHRCE organizing 2 meetings which culminated in the formation of a multi-stakeholder unit of political, religious and cultural leaders.
Netherlands (2)
(1)The Dutch government put in place a mechanism (Netherlands Food Partnerships) for consultations and planning for the 2021 global Food Systems Summit (2021). Through this mechanism, ActionAid and strategic allies were consulted, and they used the opportunity to lobby for more investments in agroecology and bottom-up decision making processes involving CSOs and women smallholders associations from the global South.
(1) Netherlands Food Partnerships have put in place a multi-stakeholder platform called Dialogue on Food. CSOs are invited to this multi-stakeholder platform too, and as such are able to share their ideas and concerns with the Dutch government and private sector actors participating in the platform. This opens up space for multi-stakeholder consultations on food systems analysis toolkit feeding in to NFP too. One mechanism may be used for different types of lobby. ActionAid contributed to lobby for linking community and women’s land rights to land-use, agrobiodiversity and climate adaptation both via land@scale and food systems (Netherlands Food Partnership) consultations as well as consultations on a food systems analysis toolkit.
2.A.b
# effective legal and other grievance mechanisms adopted or improved by governments via which CSOs and communities can resolve grievances with governments and companies related to trade and investment and claim their environmental, human and worker rights.
All baselines are set at 0
Kenya (1): ActionAid, its partner and the Kenya National Commission on Human Rights supported a local CBO to identify issues of litigation, and mediation. KNCHR, independent advisory body of government on Human Rights, has taken up the issues of mediation and will lead mediation process between the community and the mining companies. * Explanation on target not met: The second result was to be around development of guidelines for Alternative Dispute Resolution Mechanism (ADR). ADR is widely used but there are no guidelines to guide the processes. ActionAid initiated discussions with the National Land Commission to develop the guidelines. This work could not be counted as a result because the mechanisms are not yet in place.
NL (0): ActionAid Netherlands provided input on gender & trade to various MPs in the run up to the debate on the new Aid & Trade policy. As a result the PvdD MP submitted a motion to combat negative impacts for women of trade agreements by using the upcoming governmental evaluation of trade policy to build a clear picture of the ways in which trade systems affect women and how a grievance mechanism for gender equality would need to be shaped. The motion has not been put to a vote yet (0).
ActionAid will support the identification of policy incentives that lead to violations of the right to food and this will inform actions to influence government in 1 LLMIC country to adopt or improve a grievance mechanism for CSO/communities. Further, ActionAid and its partners will support communities to organise and influence government to adopt 2 mechanisms through which communities can resolve land-related issues.
Kenya (1): ActionAid Kenya and partners TTHRW, MRF, KFA will work to expand linkages/ dialogue between investment companies, communities and civil society through different forums that share information on ‘Human Rights Gap’, best practices and current developments in the sector. An example is the National Forum on Oil, Gas and Mining, that highlights best practices and gives a voice to communities. Therefore, MRF, TTHRW, and KFA will be supported to ground Alternative Dispute Resolution (ADR) mechanisms to resolve community – corporate disputes. As a result, we anticipate that the government will adopt a policy on ADR and that corporates will adhere to government-sponsored ADR in resolving disputes with aggrieved communities (1).
Kenya (2)
(1) The process of interactions between TTHRW and mining companies, and MRF and salt mining firms and Ujeri and Mwakirunge dumpsite management resulted in a new mechanism of resolving and mitigating grievances of workers after violations. AAIK is strategic and financial partner of TTHRW and MRF.
(1) AAIK’s financial and implementing partners TTHRW, MRF and CHRCE organized forums with 3 communities to inform them about the implementations of the Community Land Act and the land registration process. In Isanga Iwishi, the local leaders (1) started a process of transitioning to community land tenure by including all community members in an established community assembly as required by the law. This is a significant achievement to this project because women and young people above 18 years will automatically become members of the assembly and will have decision making powers on the development projects on the land.
Outcome D: Agendas Set
Decision makers prioritise improvement measures due to support from influential civil society actors, critical media attention, increased public awareness and effective scrutiny of trade and investment policies.
-
2.D
# proposals for improvement to policies related to trade and investment discussed by national, regional and international government bodies and/or by private policy makers, in academia, public agenda, media and social movements.
All baselines are set at 0
AA NL (2): - AA NL provided input for revised EU-RED on ILUC and food crop based biofuel cap (through online consultation and report on EU impact assessment study) as well as for Dutch biofuel policy, that were part of policy revision debates (1) - AA NL shared proposals with Ministry and parliament on policy coherence, food security and SDGs in Ready for Change report (with Partos and other NGOs), round-table presentation and written input, which were picked up by Ministry (discussions and policy brief), various MPs, particularly van Laar (PvdA) and his proposals on PCD and ’eerlijkste wet’ (1). Mozambique (1): - AA Mozambique's capacity development work on community participatory & empowering research skills on land investments and agriculture in Mozambique, resulted in related agenda setting meetings with Moz government. AA NL also supported AA Mozambique in promoting findings and alternative approaches in Mozambique, where women farmers strongly spoke out to officials on the need for more inclusive policy making and monitoring of investments on the ground.(1)
Kenya (5): ActionAid's partner led women to identify gaps and recommendations for improvements in the law (legislation in the land sector including investment policies on land) leading to women’s land rights violations. Content of the law, clarity, and roles and mandate of institutions were identified as gaps. These issues were discussed by 3 area Members of County Assembly, area Member of Parliament and 20 community members in a breakfast meeting called by ActionAid's partner. They further discussed the issues with the National Land Commission in Nairobi as a follow up on a report of review of grants and dispossession of titles done in early 2016 by National Land Commission. Netherlands: (4) Proposals for making climate policies and action gender and human rights proof have been discussed by media and government bodies through an op-ed on Joop, as well as conversations with MinFA and Economic Affairs/ climate department and parliament, where southern colleague presented recommendations on adaptation funding, the centre of excellence, loss and damage and gender. This also contributed to a motion in parliament on pro-poor climate adaptation, something AA also raised in parliamentary inputs for the budget discussions (eg linking SDG1 and leaving no one behind to climate and other policies). (1) AA NL has supported other Dutch CSOs (incl MD) to influence parliamentary debates on biofuels to ensure further outphasing of land-based biofuels that lead to land grabs). Two joint letters were sent resulting in more attention to this issue and the adoption of a motion calling for a cap of 5% and outphasing palm oil and soy . We met with 3 Ministries on biofuels in order to ensure good implementation of ILUC (indirect land use changes) commitments in NL and phasing-out of biofuels from food after 2020 and exchanged emails with MEPs ahead of the EP vote in November. (1) SDGs: adopteer SDG and feedback to SDG monitoring of the Dutch government and input to parliamentary discussion in response to PCD reporting – both via Partos and directly - included several proposals how to do this better. A motion to do SDG test was adopted as a result of the partos and Building Change lobby that AA supported. (1). We shared and discussed several proposals on food and agroecology with policy makers, including our critique of Climate Smart Agriculture and reports of ActionAid and others on stronger integration of policies on climate change, land and food. Civil servants have discussed the pro’s and cons of different terminology, which could be a result of AA raising this throughout the years (very few others doing this) and parliament (PvdD) motions that AA contributed to. (1) AA proposals on making food security programmes and PPS more inclusive, gender friendly and sustainable, have been discussed by policy makers, media and other key stakeholders during the Aid&Trade debate with ViceVersa that AA co-organised (together with FGG/ Both Ends and others) and where a southern colleague and AA NL colleague presented in two panel sessions on this issue. (1) Mozambique (1): In the context of the process of creation of a new law on Agriculture, Food Security and Nutrition, ActionAid worked with partner organisations to lobby and advocate for improved policies on agricultural investments (including respecting the right to FPIC) and improved community consultation processes. A draft of the law did not adequately reflect or protect the interest of (often poor and disadvantaged) local communities affected by the investments. As a result of the advocacy efforts, the Mozambique government committed to putting in place a new comprehensive consultation process to ensure the informed participation of citizens (including local communities and especially farmers), in revising the law.
Kenya (2): ActionAid will support rural women to have clear strategies of pursuing their land rights. Women under the banner of Kilimanjaro Initiative will be supported to take stock of progress in realizing the rural women’s demands and develop a comprehensive framework for monitoring the implementation of the county and national Women’s demands. As a result we anticipate that the women's inputs will be discussed by governments, media, and/or CSOs. Netherlands (4): - Synthesis of promising alternatives from ActionAid experience and beyond (agroecology, smallholder irrigation, resilience and women-led responses) will be presented in policy development exchange platforms, particularly on food, agriculture, climate and emergencies. - ActionAid will promote the importance of land rights in climate, food and agricultural policies with concrete proposals, such as based on climate-land paper of ActionAid and other CSOs, towards relevant ministries, parliament and media. (From the various proposals we plan to make towards different actors/platforms as part of the activities above, we expect that at least 4 will actually be discussed).
Kenya (1): ActionAid Kenya and national level partners collaborated with the Kenyan government to develop the framework for implementation of women’s rights to land, as a result of which the government has included questions pertaining to women’s rights to land in the 2019-2029 census’ questionnaire. This will help to fill existing data gaps at the national level in relation to land holding patterns and tenure security (1). Mozambique (2): Together with partners, ActionAid Mozambique organised a conference with the theme of ‘Expanding Voices, Strengthening the Movement of Rural Women for the Defense of the land, Natural Resources and Seeds’. More than 100 women from all over Mozambique attended. The Rural Women Charter was finalised at the meeting, and handed over to and discussed by the local government (1). ActionAid Mozambique and its partner developed three policy briefs with proposals for changes in land and investment related laws, such as the inclusion of FPIC principles and the removal of barriers to women’s access to land. The policy briefs were put on the agenda of the Parliament (1). NL (9): In the EU, ActionAid Netherlands contributed to the IPES-food process (IPES-food is a think tank headed by Olivier De Schutter) geared at elaborating a scorecard of what needs to be done to transit to a sustainable food and farming system in Europe. As a consequence, the external dimension (impacts on small-scale food producers in developing countries) is reflected in the outcome document. We also played an important role to avoid that the EU trade policy will be seen as a tool to force partner countries to produce food sustainably, and rather put the focus on the need to stop the detrimental impacts of the EU trade policy on the right to food in the Global South (1). In the EU, ActionAid Netherlands had a very significant impact on the draft position of the European Parliament with regards to the aid budget as many of our suggestions for amendments were tabled, with regards to a.o. references to relevant human rights instruments on corporate accountability, stronger reporting and accountability, need for development impact, a focus on local private sector, cooperatives and MSMEs, etc. (1). The Ministry of Foreign Affairs’ new Aid & Trade policy acknowledges the negative impact of trade agreements and corporate human rights violations on women, thanks to ActionAid Netherlands’ lobbying efforts together with WO=MEN (1). Jointly with WO=MEN and other FGG members ActionAid Netherlands wrote a letter to minister Kaag about how to better integrate gender into her trade policy. As a response, meetings took place with high level officials to discuss these suggestions. In addition we were invited to give a presentation to ca 25 heads of economic affairs at Dutch embassies on integrating gender in their work (2). ActionAid Netherlands shared proposals with various MPs on the issue of gender and trade. Our input was brought up during a committee meeting on trade facilitation by Groenlinks and PvdA MPs (2). As a result Minister Kaag pledged that gender would be included in the new trade policy, and announced that the Netherlands would be organizing a conference on gender and trade (1). However, the trade policy as well as the conference were disappointing, and the proposed change did not come to fruition. ActionAid Netherlands had meetings with the trade department at the Ministry of Foreign Affairs, where we were able to draw attention to our specific gender recommendations. The new trade policy made reference to trade and gender, but we will engage further to make the measures more ambitious (1).
Four policy proposals from ActionAid and partners related to land-investments, corporate conduct and women’s land and environmental rights will be discussed by government bodies.
Kenya (1): Women under the banner of the Kilimanjaro Initiative will be supported to re-converge to take stock of progress in realizing the rural women’s demands and develop a comprehensive framework for monitoring the implementation of the county and national women’s demands. As a result ActionAid Kenya anticipates that the Charter of Demands on women’s land, property, and natural resources rights will be discussed by county and national governments, media, CSOs (1). Mozambique (2): Two Ministries will place a proposal on their agendas to implement FPIC/VGGT in public and private investment processes, as a result of case studies on human rights violations related to large-scale investments, produced by ActionAid Mozambique (2). Netherlands (9): • ActionAid Netherlands will develop two policy briefs with proposals on the nexus between land, right to food/agroecology, climate, resilience and women’s rights, building on evidence and experiences of ActionAid and partners in LLMICs. We will share the policy briefs and we expect that they will be discussed by policy makers and social movements/NGOs (4). • ActionAid Netherlands will develop policy proposals on gender just and development friendly climate action,working together with AAI and partners in LLMICs. We will share those with the Dutch Ministry of Foreign Affairs, the new Minister of Climate, Parliament and media. We expect that two of those four actors will actually discuss it (2). • The Dutch government will discuss policy proposals on the SDGs, inclusiveness and the policy coherence action plan that ActionAid will develop, partly based on evidence and experiences in LLMICs (1). • In the context of Dutch and international policy processes (e.g. WTO, Commission on the Status of Women), the Dutch government will discuss ActionAid’s policy proposals for gender just trade and investment policies (1).
Kenya (10): ActionAid Kenya discussed the proposals from the charter of demands related to women’s land rights with the Ministry of Lands and Physical Planning (1) and the National Land Commission (1) during meetings of the national Multi-Stakeholder platform on women’s rights to land. At the county level, with representatives of four different counties (4) they also discussed their proposal to install multi-stakeholder platforms on women’s rights to land on the county level (6). ActionAid Kenya participated in a documentation research of violations against HRDs, set up by ActionAid and the University of New York. The documentary that was produced was used during events on Human Rights Day in Taita Taveta. After seeing the documentary, a senior police officer in the County pledged his support for the protection of HRDs and requested a copy of the documentary to share with other police chiefs (1). ActionAid Kenya partnered with BBC London to document women’s land rights work. The documentation was aired on BBC’s national programme The She Word and formed the basis for discussions in the programme on women’s land rights in a number of countries (1). ActionAid Kenya’s partners Ujeri Uhumike CBO and Taita Taveta Human Rights Watch organized two forums for a range of stakeholders to influence their support for the implementation of the framework on women’s land rights. As a result of discussions during these forums, the Kishushe county mining officer(1) realized the importance of women’s land rights and drafted requests for mining licenses for two women mining groups. Also, Alternative Dispute Resettlement Committees committed to exercising more care for women’s issues when handling land disputes (2). Mozambique (2): During a workshop organized by ActionAid Mozambique’s partner ASCUT, representatives from civil society and agribusiness companies discussed ASCUT’s proposals to improve five key policies related to the agricultural sector to make them more beneficial for communities (2). The Netherlands (18): ActionAid Netherlands’ proposals for a gender-just economic and trade system were put on the agenda of media, after Trouw published an ActionAid Netherlands editorial (1). Euro parliamentarians discussed the proposals of ActionAid Netherlands and ActionAid EU on the inclusion of gender-just mechanisms in trade agreements, including agreements with LLMICs, during bilateral meetings (1). The Dutch Ministries of Foreign Affairs (1) and Agriculture, Nature and Food (1) reduced their resistance to agroecology and accepted to get in a dialogue with CSOs, partly as a result of ActionAid Netherlands’ lobby on the topic. They expressed to support agroecology as one of the innovative practices that should co-exist with other practices. Based on our lobby with other CSOs they accepted to organize a lunch lecture on agroecology at the Ministry (2). During the Madrid COP25 ActionAid Netherlands’ proposals for a just transition in agriculture were discussed by influential NGOs and unions at a special meeting hosted by trade unions to share and discuss the report findings (1). Several policymakers at the COP25 negotiations on agriculture alluded to the need for just transition principles to be applied in agriculture sector, and privately thanked ActionAid for the report’s contribution to advance thinking in this area (1). The proposals also received media (1) coverage (3). The Intergovernmental Panel on Climate Change (IPCC) Special Report on Land reflected ActionAid’s advocacy on policy coherence, climate action to reduce GHGs and strengthen resilience in the agriculture and land sector and the importance of securing women’s land rights to strengthen investment in sustainable and resilient land management, as a result of ActionAid Netherlands’ and partners from LLMICs influencing civil society networks, engaging with scientists, and inputting on IPCC report drafts (1). This resulted in the coverage in several high-profile media (1) (New York Times, Reuters, AFP) of ActionAid’s proposals on policy coherence, climate action and women’s land rights (2). During the COP25 three government coalitions (Least Developed Countries group, African Group of Negotiators, Alliance of Small Island States) discussed ActionAid’s proposals on policy coherence, particularly on loss and damage in LLMICs. One of ActionAid’s key demands is that those having caused the climate crisis should pay for (finance) loss and damage in LLMICs (3). ActionAid Netherlands successfully lobbied the UNFCCC secretariat to invite women smallholder farmers to give keynote speeches about their experiences and recommendations at two key workshops on agriculture held at the Bonn Climate Change Conference (SB50) and COP25 under the Koronivia Joint Work on Agriculture (KJWA) negotiations. At the SB50 workshop on soils, and the COP25 workshop on soil nutrients and fertilisers, women farmers from Zambia and Malawi recounted their experience of how chemical fertilisers had weakened soils and water carrying capacity, leaving them with lower yields in times of reduced rainfall, and how composting, agroecology and gender-responsive policies and services can strengthen community resilience (2). ActionAid Netherlands’ proposal to end subsidies for fertilizers was adopted by the civil society Climate Action Network (1), which then put it on the agenda of governments (1) during the COP26 agriculture negotiations panel discussions (2). ActionAid Netherlands’ proposal to strengthen policy coherence and support climate-impacted countries with a financing arm to address loss and damage was discussed by governments at the COP25, as a result they set up an Expert Group under the Warsaw International Mechanism (WIM) looking into the financing of loss and damage, in which governments will discuss possible solutions to enable finance for countries affected by climate-induced loss and damage (1). During the COP25 ActionAid Netherlands, other ActionAid offices, including from LLMICs, and other partners advocated for policy coherence by introducing a technical facility for loss and damage, which was then taken up by governments in the key outcomes of the COP (1).
Kenya (2): ActionAid Kenya will support women to audit/ track progress of the implementation of the rural women’s land rights charter and further collaborate with feminist researchers to undertake feminist analysis. Then, they will be supported to hold a national land summit to present the findings and initiate policy/program dialogues with government departments. Further, they will hold high profile dialogue forums with political, cultural and religious leaders to mobilize their support for women’s rights to land agenda and influence practice changes towards realization of women’s rights to land. In these forums proposals on implementation of the principle, included in the Kenyan constitution, that not more than 2/3rds of the members in any elective or appointive positions shall be of the same gender will be discussed. The forum participants will discuss both the feminist analysis and the 2/3rds gender rule (2). Netherlands (1): In the context of Dutch and international policy processes (e.g. WTO, Commission on the Status of Women), the Dutch government will discuss ActionAid Netherlands’ policy proposals for gender just trade and investment policies (1).
Kenya (3)
(1) At the national level, AAIK held a workshop with the Working Group on the Implementation of Community Land Act 2016 (WGICLA) to enhance knowledge and competencies of government representatives (policymakers, land administration and management officers from the departments of Land and Physical Planning, sub-county administration and county assembly) of County Government of Kilifi, on the implementation of Community Land Act 2016 for achieving gender-equitable land tenure. From this workshop the county staff (1) developed an action plan for implementation of community land act in the county.
(1) In Kajiado, AAIK’s strategic and implementing partner held a meeting with political opinion leaders and cultural leaders to discuss a solution to community members who missed land during the adjudication process and women disinheritance. The County Assembly (1) made a follow up and invited a woman who had shared her experience in the meeting to give more details to the Land and Environment Committee of the Assembly.
(1) In Baringo, AAIK’s strategic and implementing partner held a meeting with religious and cultural leaders where they shared the charter of demand on women’s land rights. As a result, the church has become a proponent of women’s land rights and will urge the society to drop barriers that have for long denied women the right to own and inherit property.
Vietnam (1)
(1) ActionAid Vietnam published a report and policy brief on the impacts of trade liberalization and Free-Trade Agreements on gender equality and public services. During a multi-stakeholder meeting organized by ActionAid, they discussed their recommendations with government officials, national and international development agencies, and foreign Embassy officials. The government officials agreed to discuss these issues in a follow-up meeting.
Outcome B: Capacities Strengthened
Increased capacity of civil society actors to research, network and advocate on trade and investment.
-
2.B
# CSOs in LLMICs that lobby and advocate for improved policies related to trade and investment, based on increased skills, knowledge or network contacts.
All baselines are set at 0
AA NL (3): - Through AA Netherland's support to AA Mozambique on community participatory & empowering research skills on land investments and agriculture in Mozambique, knowledge and networks of AA Mozambique and 2 of its key implementing partners (3), and networks were enhanced and used in dialogue with the government of Mozambique. AA NL also supported AA Mozambique in documenting, sharing, and promoting findings and alternative approaches in Mozambique, where women farmers strongly spoke out to officials on the need for more inclusive policy making and monitoring of investments on the ground.
Netherlands (1) ActionAid in the Netherlands collaborated with ActionAid in Mozambique on the dissemination of policy brief based on Participatory Action Research and L&A by its local grass root partners aimed at improved trade and investment policies when it comes to agricultural investments and policies and improved community consultation practices. Based on increased capacities the local CSOs platform has stepped up their lobby with government and investors. CDs with policy briefs and a video have been disseminated among lobby targets in 2017.
Kenya (6): ActionAid will stand in solidarity with communities who are facing land grabs from large-scale investment in extractive projects. We will facilitate communities to build knowledge and capacity on laws and policies that underpin land governance, and support to develop clear focused campaign plans. This will be followed with lobby meetings with key people and institutions around community land laws. Netherlands (2): Mutual capacity development with at least two CSO in LLMICS aiming to tackle pervasive incentives undermining community and women’s land rights and/or promoting women smallholder agroecology for the right to food. Mutual capacity development will take place through research and documentation, knowledge sharing and strategizing either directly or as part of our engagements with ActionAid platform and the wider federation.
Kenya (6): Through joint strategizing and training, ActionAid Kenya supported 6 partners in their efforts to strengthen the mobilization of project-affected communities and to organize them into ‘collectives of people of interest’, which successfully halted large-scale investments in two areas. Furthermore, some 21 county- and community-level forums organised by AAIK and partners raised stakeholders’ awareness of the provisions of the 2016 Community Land Act and sensitized community members on existing land laws and factors hindering women’s rights to land, as a result of which women were included in land adjudication processes and community land management committees, while over 600 men reached directly changed their beliefs, behaviour and attitudes and eventually became champions of women’s rights to land (6). Mozambique (41): ActionAid Mozambique and its partners trained 25 women farmer associations in two districts in land and investment related policies. As a result of these trainings, the associations were lobbying and advocating for improved policies that respect their land rights. For example, the farmer associations meet regularly with local investors, local government and CSOs in consultative processes for land acquisition to voice their main concerns regarding the Land Law and related policies (25). ActionAid Mozambique’s partner trained 15 Agrarian Monitoring Committees on topics such as land laws, investment policies and anti-corruption policies. As a result of their increased knowledge and skills, the Committees advocated for improved trade and investment policies in their districts. For example, they try to influence the Cash Crops Price Policy to make sure the government sets the prices of crops such as sugar cane, cashew nuts and tobacco at a fair level that takes into account the costs of production (15). ActionAid Mozambique’s partner strengthened the capacities of the 19 organizations that are part of a district-level civil society platform by providing training and network support. As a result of this support, the platform improved its lobby and advocacy activities for more inclusion in district and local decision-making processes. For example, the platform is now part of the District Consultative Committee, where they can engage directly with the government on issues such as women rights and food security (1).
ActionAid will strengthen the capacity of 2 CSOs to monitor and address policy coherence for sustainable development.
Kenya (6): ActionAid Kenya will train 6 partner organizations to advocate and lobby on risk and security and coach them to establish community-based protection mechanisms. ActionAid Kenya supports dialogue meetings for HRDs and the National Assembly committee on security and human rights to push for the formulation of an HRDs Protection Law. Consequently, the National Assembly committee on security and human rights will develop a Law for the protection of HRDs (6). Mozambique (12): ActionAid Mozambique’s partner organisations will train representatives of 12 women’s associations on legislation in the area of land. These associations already lobby and advocate for improved policies related to trade and investment, and it is expected that they will use the knowledge gained in the trainings to further improve these activities (12). Netherlands (10): • ActionAid Netherlands will support ActionAid country offices in LLMICs in documenting alternatives, such as right to food/agroecology, as well as in the area of trade, investment and gender, which can be used in advocacy activities. We expect 2 ActionAid partners re. food/ agroecology (for example Kenya and Cambodia) and 2 re. trade/investment (for example Nigeria and Bangladesh) to take this up and actually use the documentation in their lobby and advocacy activities (4). • ActionAid Netherlands will support the global ActionAid platform and federation work (20 CSOs) on climate justice, as well as share lessons learnt from our work on a just transition, which will enhance knowledge, skills and network for lobby of various ActionAid partners. We expect 4 of these CSOs in LLMICs to use this in advocacy (4). • ActionAid will facilitate contacts and access for southern CSOs working on gender and trade via Dutch government (processes) as part of our global campaign on women’s rights and participation in international processes (e.g. WTO, CSW), which helps their lobby. The global campaign includes 30 partners, but 2 are expected to benefit and use this (2). • Partners in LLMICs will increase the amount and effectiveness of their advocacy and communications work as a result of joint advocacy and communication strategy development with ActionAid Netherlands (no specific target). • ActionAid will share developments on SDGs and monitoring mechanisms with partners, which helps their work in using the SDG framework more strategically to lobby for better policies (not sure if used in advocacy yet in 2019; so no target).
Kenya (6): ActionAid Kenya trained its 6 partner organisations (Ujeri Uhumike CBO, TTHRW, CHRCE, MRF, IWN, KFA) to advocate and lobby on risk and security and coached them to establish community-based protection mechanisms. As a result, the partner organizations advocated for an HRD Protection Law to be put in place by the National Assembly Committee on Security and Human rights (6). Mozambique (23): ActionAid Mozambique’s partners NADEC and CODESA trained representatives of 21 Women’s Farmer Associations and representatives of 2 Agrarian Monitoring Committees on legislation around land and investments. As a result of these trainings, the organizations are now advocating with local governments for better implementation of the Land Law, trade and investment policies, for investors accountability and corporate social responsibility within communities. The Monitoring Committees are also actively monitoring agricultural investments in the Mocuba and Manhiça districts (23). The Netherlands (19): 4 CSOs (ActionAid Malawi, Senegal, Nepal, Ghana) undertook meetings with government, response to consultations, capacity building workshops with government, policy briefing documents, and training and joint advocacy with civil society networks, to advocate to their national governments, climate institutions and civil society to strengthen policy coherence and implement their responsibilities under the Paris Agreement as a result of coordination, training workshops, joint strategizing, advice and feedback to strengthen knowledge and capacity on: relevant climate policy processes and opportunities to engage to leverage outcomes that benefit smallholder farmers, communities, adaptation, disaster risk reduction, agroecology, loss and damage and renewable energy, including through Nationally Determined Contributions (NDCs), National Adaptation Plans (NAPs), Green Climate Fund (GCF) and Africa Climate Week (ACW). The coordination, training and support was financed by ActionAid the Netherlands (4). 17 CSOs (ActionAid Bangladesh, Cambodia, India, Myanmar, Nepal, Thailand, Vanuatu, Vietnam, Burundi, Ghana, Kenya, Malawi, Nigeria, Senegal, Sierra Leone, Uganda, Zimbabwe) undertook advocacy through organizing and joining with youth and farmers’ movements for the international Climate Strike mobilizations around the UN Climate Summit in New York, as a result of capacity building workshops, advice and support which strengthened their knowledge on these topics financed by ActionAid the Netherlands (13 – 4 are already counted in another outcome under this indicator). A Brazilian CSO representative lobbied to the Dutch World Bank Director for better Dutch investment policies that prevent land grabbing, as a result of contacts facilitated by ActionAid Netherlands, with a report on women’s land rights defenders and a meeting with policy makers from MoFA in order to strengthen women’s land rights, and prevent land grabbing (1). Through a blog produced and facilitated by ActionAid Netherlands, women from several CSOs from the Global South (Kenya and Malawi) lobbied to Dutch policy makers and politicians for better land governance in their respective countries, as the Dutch government is a major trade partner and donor and as such should pay attention to this issue (1).
Kenya (6): ActionAid Kenya will hold coaching sessions for TTHRW, MRF, CHRCE, Ujeri CBO, IWN, and KFA on relevant skills required to advance their lobby and advocacy work. We anticipate through this coaching TTHRW, MRF, CHRCE, and KFA will increase their skills and knowledge on lobby and advocacy, eventually lobby, and advocate for improved policies related to trade and investment. For example, they will lobby county governments to include safeguards in county investment policies (6). Netherlands (2): ActionAid Netherlands will facilitate contacts and access for southern CSOs working on gender and trade via Dutch government (processes) as part of our global campaign on women’s rights and participation in international processes (e.g. WTO, CSW), which helps their lobby. The global campaign includes 30 partners, but two are expected to benefit and actively use this (2).
Kenya (2)
(2) AAIK, and its strategic and financial partners MRF (1) and TTHRW (1), strengthened their lobby capacities in regards to salt firms and mining firms to use in their continuous lobby and advocacy efforts on sexual policy and gained permission for continuous social audits. These social audits monitor the situation and are used as evidence in lobby and advocacy.
Outcome C: Alternatives Developed
Alternative approaches to the current trade and investment regime—which are people-driven, gender inclusive and sustainable policies and practices that improve policy coherence for development, such as the Alternative Trade Mandate—have been developed, piloted and promoted by FGG and civil society actors.
-
2.C
# alternative approaches to the current trade and investment regime developed with CSOs in LLMICs that have been developed, piloted and/or promoted.
All baselines are set at 0
AA NL (1): Building on policy analysis at different levels, the climate resilient sustainable agriculture positions developed with colleagues around the world (especially in LLMICs) and research on inclusive business in Mozambique, AA NL promoted alternative policy proposals in favor of agroecology/CRSA and Policy coherence in the Dutch policy arena. AA NL did this through co-writing of the food security chapter of Ready for Change report, in which alternative approaches for the Dutch government and EU to support food security and the right to food in the context of SDGs were proposed, based on work of AA in LLMICs on climate resilient sustainable agriculture (1).
Netherlands (1): An ActionAid representative presented ActionAid’s climate resilience framework at the LANDac climate conference as well as in conversations with policy makers, and he actively promoted community-owned renewable energy initiatives as an alternative to current large-scale energy transition investments. (1)
Netherlands (1): Based on documentation of experiences within ActionAid we will be promoting successful innovative & sustainable smallholder/ small enterprise practices benefiting the right to food; f.i. agroecology and/or smallholder rainwater harvesting and irrigation systems. We will promote this as a key alternative also in the context of growing disasters, that require stronger attention to resilience both from CSOs and governments. ActionAid has developed very strong gender-sensitive resilience models and programming tools to share.
ActionAid in collaboration with partner organisations will develop two alternative policy proposals that promote the Right to Food.
Netherlands (2): • Based on documentation of experiences within the ActionAid federation, AA Netherlands will promote successful innovative, sustainable and equitable smallholder/small enterprise practices benefiting the right to food (such as agroecology and/or smallholder rainwater harvesting). We will promote this through dissemination of the documentation among Dutch government officials, the general public and in international fora as a key alternative strategy to build resilience (1). • ActionAid will document and share gender just alternatives to current trade, tax and investment regimes as part of the women’s rights global campaign, together with ActionAid country offices and other CSOs. The alternatives will be shared with Dutch policymakers and the Dutch general public (1).
The Netherlands (2): Based on documentation of experiences within the ActionAid federation, ActionAid Netherlands promoted successful innovative, sustainable and equitable smallholder/small enterprise practices benefiting the right to food (such as agroecology). We promoted this through dissemination of the documentation among Dutch government officials, the general public and in international fora as a key alternative strategy to build resilience (1). With financial support from ActionAid the Netherlands, ActionAid International developed a report on “Principles for a Just Transition in Agriculture”, outlining how food systems can transition to agricultural methods such as agroecology and less and better meat which reduce GHGs and are more resilient to climate change, in a way that is just and inclusive for workers in the food system, based on evidence from LLMICs. The report draws from the lessons of workers’ unions in the energy sector, farmers and rural communities in LLMICs and was promoted at COP26 climate negotiations in Madrid in December through advocacy, meetings, side events and media work (1).
Netherlands (1): ActionAid Netherlands will document and share gender just alternatives to current trade, tax and investment regimes as part of the women’s rights global campaign, together with ActionAid country offices and other CSOs. The alternatives will be shared with Dutch policymakers and the Dutch general public (1).
NL-KVK-41217595-FGGAANLTOC3
Stichting ActionAid
FGG AA ToC 3: Improved Financial and Tax Systems
The Fair Green and Global (FGG) alliance is an alliance of six civil society organisations. Both ENDS is the lead agency, and other member organisations are: ActionAid, Clean Clothes Campaign, Milieudefensie (Friends of the Earth Netherlands), SOMO and Transnational Institute.
Both ENDS
ActionAid Netherlands
ActionAid Netherlands
Stichting ActionAid
Program and Partnership Development
Linda Fokkema
Acting Head Program and Partnership Development
linda.fokkema@actionaid.org
http://www.actionaid.nl
Stadhouderskade 60, 1072 AC, Amsterdam, The Netherlands
2017 Q1 Cumulative ToC3
2017 Q1 Cumulative ToC3
2017 Q1 Cumulative ToC3
2017 Q1 Cumulative ToC3
2017 Q1 Cumulative ToC3
319967
439955
439955
439955
359963
426684
352296
2017 Q1 Cumulative ToC3
2017 Q1 Cumulative ToC3
250998
2018 Cumulative ToC3 Expenses
250998
2018 Cumulative ToC3 Expenses
352296
2017 Q1 Cumulative ToC3
2017 Q1 Cumulative ToC3
237060
426684
237060
Outcome B: Capacities Strengthened
Increased capacity of civil society actors to research, network and advocate on financial and tax policies.
-
3.B
# CSOs and communities in LLMICs that lobby and advocate for improved financial, tax and spending policies, based on increased skills, knowledge or network contacts.
All baselines are set at 0
AA NL (5): - AA NL facilitated meetings with e.g. NGOs, FMO, Ministry and shared knowledge and advice on IFI mechanisms, FPIC, Food security, and investments with a CSO in Sierra Leone (in relation to a specific bio-fuels investment), resulting in increased L&A capacity of the network to influence IFIs related to the investment (1) -AA NL worked with SOMO, AA Nigeria, AAUK, AA International, and AA France in the development of the Leaking revenue report detailing the impact for Nigeria of a 10 year of tax holiday granted to 3 oil companies. This report enabled AA Nigeria and other society members in extractive rich developing countries to more powerfully challenge harmful tax incentives. (1) - AA NL worked with AA Malawi and AA Zambia and AAI in challenging the ratification through meetings, a policy brief, and parliamentarian questions) of unfair tax treaties between the Netherlands Malawi, Zambia and Kenya. Through knowledge exchange and simultaneous lobby in north and south AA NL has improved capacity to work on this.(0 because not a LLMIC) - AA NL developed the Mistreated report, an analysis of 500 international tax treaties of low and lower-middle income countries signed from 1970 until 2014. It analyses the negative impacts of tax treaties and presented clear guidance on how to improve them to make them more fair for developing countries. This information on tax treaty impacts, treaty trends, and recommendations for improvements has been instrumental in raising the capacity of developing countries work to lobby and advocate on the technical topic of tax treaties. The report is used by many AA offices, including AA NL (1). - AA NL supported AA Haiti in formulating strategies and linking up to InterAmerican Development Bank regarding alleged land rights issues of the development of an industrial park, resulting in enhanced capacity of AA Haiti and its partner organization to access grievance mechanisms of the IADB. (2) Uganda (12): On the basis of 2 capacity development sessions on knowledge and tactics on non-violent activism and creative campaigns for the 15 tax justice alliance members, the Alliance enhanced its advocacy work for improved tax revenue raising and spending. Zambia (2):ActionAid trained 3 locally based organizations in advocacy and research skills. To this effect, 1 of the partners engaged their Municipal Council to advocate for effective utilization of the Environment tax paid by the Mining company in the area. It has been observed that the environmental fees paid by the mines have not been utilized effectively in the community to address environmental related problems caused as a result of mining(1). The other partner organization attended the provincial consultative meeting on the 2017 budget submission preparations. Consequently, the partner made a submission during the 2017 budget consultative meeting. The submission focused on increasing budgetary allocation towards the education sector(1).
Zimbabwe (6): ActionAid brought together the Publish What You Pay Zimbabwe Chapter members and six local CBOs. The capacity of the CBOs were strengthened by the PWYP network on how to do research on financial tax and spending policies. The CBOs and the PWYP network jointly conducted organisation led research on the ’Zimbabwe 2018 National Budget and its implication on mining’. This increased the research skills of the CBOs and increased the capacity of the PWYP members as the research results improve their capacity to lobby and advocate with result-based evidence. This resulted in four CBOs advocating for localized company taxation policies that will increases the local councils budget to improve service delivery as well as advocating for publication of revenue collected from mining companies. (4) ActionAid and its partner organisation organized trainings for the Women Forums in three districts on tax justice and gender sensitive service delivery. The training was aimed at promoting education on women’s participation and demanding government’s accountability in the management of public funds for improved provision of gender sensitive service delivery as well as establishing grassroots tax justice campaigns. One young woman from the forum was supported to participate at the SADC People’s Summit where she shared about the advocacy work of their women’s forums anchored at data extraction on mining revenues by the diamond mining companies (1). Further, members of the Women’s Forums attended the national budget consultation meeting. The women seized the opportunity to influence decision-making of public funds towards improved service delivery. A key recommendation made by the women was the need to ensure equitable distribution of revenue between the national government and local government. (1) Zambia (6): ActionAid facilitated a training of 20 HRDs in three communities on Business and Human Rights, Paralegal training, protection mechanisms for HRDs. This resulted in the HRDs to engage the Ministry of mines and the local government on the Revenue Sharing Mechanism where a proposal has been pushed to allow for retention of 15% by the local community to be used for local development projects as part of progressive utilisation of resources. This is also in line with our approach to promote the Gender Responsive Public Services and this is what we are promoting in the utilisation of revenue. ActionAid organised trainings for three partner organisations on investment policies and the government budget. This resulted in ActionAid together with its partners engaging with the Parliamentary Expanded Committee on Estimates. At this platform ActionAid has been advocating for revised incentives for MNCs which were retrogressive and not giving maximum benefits to the government and local people. Proposals were made and policy papers developed to advocate for revised incentives. In the 2018 budget, the Minister of Finance in his Budget speech echoed the same sentiments and responded positively by reviewing some investment policies to ensure maximization of tax collection especially from mining companies. Uganda (2): In the effort to enhance citizen and stakeholder’s capacity to demand for fair and inclusive fiscal policies and laws and practices through media engagement, ActionAid and its partner in collaboration with African Centre for Media Excellence (ACME) organized a three day training workshop for journalists from various media houses titled “Strengthening Media Oversight and Reporting on tax Policies and practices” from 3rd to 5th October 2017. As a result of the training, there is more interest among journalists in reporting and investigating on issues of trade and taxation. This is seen through the expression of interest and information requests that they file to ActionAid's partner organisations (1). The Tax Justice Alliance meets regularly to discuss emerging taxation issues in the country including Bills that affect revenue collection. The network is also in the process of developing its own governance documents to enable it become institutionally strong as it continues to conduct its advocacy work (1). Netherlands (3) - ActionAid Netherlands has continued to support partners working on Addax case in Sierra Leone by facilitating dialogue and network, as well as share knowledge and suggestions for strategies on resolving the case and opportunities for grievance. This has allowed for the CSOs to engage directly and strengthen their advocacy efforts on the ground and internationally. (1) - ActionAid Netherlands and ActionAid Uganda started to work on the to be renegotiated tax treaty, Uganda has produced a detailed policy brief building our knowledge in the NL to engage on the topic (1). -AA coorganised and cofinanced an international meeting of Eurodad with other Dutch Eurodad Members ( Both End, SOMO and Oxfam) and Eurodad that has helped to build the knowledge of many NGO’s on a wide range of development orient financial issues among which on Tax Justice. Government representatives also attended this meeting which made it possible for the CSO's to advocate towards them about the above issues (1)
Zambia (6): ActionAid will train its partners and communities in mineral revenue tracking and tax justice. As a result, the partners and the communities will be able to discuss with government for improved tax and spending policies. Zimbabwe (14): ActionAid will strengthen the capacity of 14 organizations on improved financial, tax and spending policies, knowledge and build a network through training, and dialogue meetings that will help them to analyse and monitor tax investments, public financial management laws regulating the mining and land sectors for purposes of ensuring public funding of the private sector in the country. Uganda (12): ActionAid will support 12 organisations in strengthening their capacity to continue to influence progressive tax and spending policies. Netherlands (3): -ActionAid will aim to influence tax treaties together with other ActionAid countries resulting in mutual capacity strengthening. -ActionAid will work together with other ActionAid countries on tax and mining research resulting in better understanding of the nexus and greater capacity to campaign on this topic.
NL (2): ActionAid Netherlands joined a Tax Working Group meeting in Entebbe, Uganda , in order to promote fair tax treaties. Together with ActionAid Uganda (1) and partner organization SEATINI-Uganda (1) we met with the Ugandan Ministry of Finance, as well as the Dutch Embassy to focus on the upcoming renegotiation of the Dutch Ugandan tax treaty which gave useful insights into the Dutch tax negotaitors strategies and the need for stronger investement in tax negotiation capacity in Uganda. We provided the Ugandan government with input on how to get a better deal (2). Uganda (12): 12 organizations are now members of the Tax Justice Alliance and their capacity has been strengthened to continue influencing progressive tax policies. With the technical, financial and logistical support of the project, the members of the Tax Justice Alliance have conducted a series of joint activities including developing and presenting the CSO position on the tax bills for FY2018/19 to parliament, and widespread media engagement. Members of the Tax Justice Alliance also held a joint campaign against the taxes on Mobile Money and Over the Top Services. ActionAid Uganda funds SEATINI, which hosts the Tax Justice Alliance and therewith conducts the coordination, preparation of meetings, logistics, etc. ActionAid Uganda also supports capacity development of the Alliance as well as its advocacy activities and campaigns (12). Zambia (6): ActionAid Zambia trained its three partners on mineral revenue tracking. Then the partners further trained three communities in their respective districts on practical revenue expenditure. As a result of their increased capacity, the partners together with the communities carried out practical expenditure tracking and analysed the local authorities’ strategic plans and budgets, especially the money that came from the mining companies and how that is being spent on service provision. The partners and communities made recommendations to the local authorities based on their analysis, to include the local needs and priorities in the plans. In addition, ActionAid Zambia trained one of its partners to carry out action research on mineral revenue collection and spending on social service delivery. As a result, the partner carried out action research, involving key targets informants such as District Heads, mining companies, community leaders, women, youth and children. The research will result in a report that can be used for lobby and advocacy for improved tax and spending policies (6). Zimbabwe (12): ActionAid Zimbabwe strengthened the capacity of 12 member organizations of Publish What You Pay Zimbabwe on improved financial, tax and spending policies, knowledge, and supported them in building a network through training, and dialogue meetings that helped them to analyse and monitor tax investments, public financial management laws regulating the mining and land sectors for purposes of ensuring public funding of the private sector in the country. These civil society organisations lobbied for the implementation of the recommendations of the 2017 Auditor General Report for state owned mining parastatals to parliament, Ministry of Mines and Ministry of Finance (12).
ActionAid will engage and support 33 CSOs in five countries in LLMIC to build knowledge on bilateral and international tax treaties, tax incentives and tax avoidance issues and develop (joint) lobby and advocate strategies and actions. In one other country ActionAid will support CSOs to reasses the impacts of a development bank’s investment and to develop lobby strategies and actions.
Netherlands (7): ActionAid Netherlands will continue to work with ActionAid partners on influencing tax treaties and policies, and on tax and mining research. Also, it will support other ActionAid officies with knowledge and networks around IFI cases where needed. As a result, these partners will be better able to lobby and advocate for improved financial, tax and spending policies (7). Uganda (3): • ActionAid Uganda will continue to support its partner with trainings, exchange visits and networking. As a result of this, the partner will be better able to lobby and advocate for improved taxation policies towards the government (1). • ActionAid Uganda will build the capacity of investigative journalists and their networks through trainings and networking. As a result of this, the journalists will lobby and advocate in their articles for improved financial, tax and spending policies (1). • ActionAid Uganda’s partner will build the capacity of youth groups in the departments of Economics of several major universities through trainings and networking. As a result of this, the youth groups will be better able to advocate for tax for a just society (1). Zambia (3): ActionAid Zambia will strengthen the capacity of its three partner organisations on the topics of gender responsive public services and public expenditure tracking. As a result, these partners will be better able to lobby and advocate for tax justice and to hold duty bearers accountable for financial spending policies (3). Zimbabwe (5): ActionAid Zimbabwe and its partner will assist five CSOs in the collection of data for a documentary about the operations of mining companies and the link to social service delivery. The five CSOs will then use this documentary to lobby and advocate for improved financial, tax and spending policies themselves (5).
The Netherlands (2): As a result of calls and information exchange, ActionAid Netherlands, ActionAid Uganda and partner SEATINI were better able to lobby to influence the tax treaty negotiations between the Netherlands and Uganda (2). Uganda (16): 16 organizations are now members of the Tax Justice Alliance and their capacity has been strengthened to continue influencing progressive tax policies. With the technical, financial and logistical support of the project, the members of the Tax Justice Alliance have conducted a series of joint activities including developing and presenting the CSO position on the tax bills for FY2019/20 to parliament, and widespread media engagement (16). Zambia (4): ActionAid Zambia strengthened the knowledge and lobby skills of three partners in gender-response public services and how it relates to progressive taxation through several trainings. As a result, the partners have been undertaking processes such as public expenditure tracking and the results are used for engagement with duty bearers through interface meetings (3). ActionAid Zambia and its three partners trained communities in mineral revenue tracking, with a focus on women and youth. As a result, the communities conducted a practical mineral revenue tracking on the local government budget. They found out that the money from the mining companies is going directly to the central government at the expense of local authorities where the communities affected by mining live. The communities developed resolutions and lobbied to the local government to fix this (1). Zimbabwe (3): As a result of guidance, technical and financial support of ActionAid Zimbabwe, the Mutoko Youth Initiatives for Community Development and the Mutoko North Development Trust engaged their local authorities on the unfair practices happening in the black granite mining sector, and advocated for fair and adequate taxes for mining companies to contribute to community development (2). Women from the Mutoko community have advocated for participation of women in the local council budget consultations. They have also advocated for fairer taxation and better service delivery to local government officials during the budget consultation meetings. This was the result of a workshop they attended, organized by ActionAid Zimbabwe’s partner ZELA, on civic participation and tax justice issues in the mining sector (1).
Netherlands (7): ActionAid Netherlands will continue to work with ActionAid partners on influencing tax treaties and policies, for example through joint research or joint articles. As a result, at least three of these partners will be better able to lobby and advocate for improved financial, tax and spending policies in their respective countries. For instance, ActionAid Zimbabwe will use the joint research with ActionAid Netherlands on the bilateral tax treaty to lobby the government (3). In 2020 ActionAid will publish its Mining Tax Gaps report, a joint document of a number of ActionAid offices. For the publication, ActionAid Netherlands will provide knowledge on the international component of tax avoidance. At least four countries, including for example Uganda and Zambia, will use the report and the specific knowledge from ActionAid Netherlands to challenge their governments on international fiscal linkages, including tax treaties (4). Uganda (3): ActionAid Uganda will continue its financial and political support to SEATINI and the Tax Justice Alliance for research, investigation and advocacy work (1). ActionAid Uganda will continue to support the Tax Justice Alliance with trainings, exchange visits and networking (1). AA Uganda will strengthen the capacity of investigative journalists and their networks through trainings and networking. As a result of this, the journalists will lobby and advocate for improved financial, tax and spending policies through their publications (1). Zimbabwe (5): ActionAid Zimbabwe and partner organization ZELA will continue to strengthen the capacity of the community forums on tax justice and service delivery set up in 2018 through trainings and skills development. At least four of the community forums will use their increased knowledge and skills to lobby towards their Rural District Councils for improved public finance management, improved tax collection policies and improved spending to achieve better and gender sensitive service delivery (4). ActionAid Zimbabwe and partner organisation ZELA will facilitate a National Tax Justice Campaign, focusing on the extractives sector. The campaign will target policymakers to improve the collection of tax from mining companies and improve the spending policies for better service delivery. Other CSOs and communities from mining areas can join the campaign, and exchange knowledge and networks contacts with ActionAid and ZELA. As a result, at least one of these CSOs will use the increased knowledge to lobby for improved financial, tax and spending policies to local companies or government (1).
Malawi (2)
(1) ActionAid Malawi trained a group of community journalists on tax justice for gender-responsive public services financing. As a result of the training, some of the journalists used their increased knowledge on the topic to set up critical radio shows aimed at improving government policies, and one journalist wrote a series of newspaper articles on the potential revenue loss from tax incentives, Double Taxation Agreement and corporate taxes.
(1) ActionAid Malawi trained a group of young women and men on tax justice. These youth subsequently held community meetings for over 1,500 people in different areas of Malawi to raise awareness on how to hold governments accountable through budget tracking. They also organized meetings with the government on the negative effects of Double Taxation Agreements on revenues available for gender-responsive public services.
Netherlands (4)
(2) Due to calls and information exchange, ActionAid Netherlands, ActionAid Uganda (1) and partner SEATINI (1) were better able to lobby to influence the tax treaty negotiations between the Netherlands and Uganda.
(1) ActionAid Netherlands, based on experiences with multiple southern ActionAid offices and with input from ActionAid Global Secretariat(1), launched the ‘Tax in Times of Corona report’ detailing the Dutch impact on the global South via tax treaties. This report has enabled AA southern offices and partners, mainly with AA Uganda and SEATINI, to more successfully engage with their governments to influence policies with the Netherlands.
(1) ActionAid NL invited AA Uganda and the Tax Justice Network Africa (1) to participate in the IOB evaluation of the Dutch International Tax Policies. Together we have strategized, shared perspectives and experiences, and informed the process.
Uganda (1)
(1) The members of the Tax Justice Alliance Uganda (1) have mutually strengthened their capacities in 2020, as a result of FGG support to the alliance, and put these strengthened skills to use in various advocacy and lobby activities throughout the year. For example, they represented various tax proposals before the tax committee of parliament. Here they defended the feedback from citizens and tax justice alliance. FGG funded this process.
Zimbabwe (7)
(1) As a result of training on tax justice by ActionAid Zimbabwe and partner ZELA, young people in Mutoko approached their Rural District Council and requested transparent information and the disclosure of public expenditures, especially devolution funds.
(4) ActionAid Zimbabwe and partner organization ZELA continued to strengthen the capacity of the Community Forums on Tax Justice and Service Delivery set up in 2018 through trainings and skills development. Four of the community forums used their increased knowledge and skills during local and national budget consultations to lobby for improved public finance management, improved tax collection policies and improved spending to achieve better and gender sensitive service delivery.
(1) ActionAid Zimbabwe and partner ZELA strengthened the knowledge and skills of two youth groups on tax justice and corporate accountability in the mining sector. As a result, these groups organized meetings with their local authorities to discuss the unfair circumstances in the Mutoko black granite mining sector and to advocate for fair and adequate taxes for companies that can benefit community development.
3.B
# CSOs and communities in LLMICs that lobby and advocate for improved financial, tax and spending policies, based on increased skills, knowledge or network contacts.
All baselines are set at 0
AA NL (5): - AA NL facilitated meetings with e.g. NGOs, FMO, Ministry and shared knowledge and advice on IFI mechanisms, FPIC, Food security, and investments with a CSO in Sierra Leone (in relation to a specific bio-fuels investment), resulting in increased L&A capacity of the network to influence IFIs related to the investment (1) -AA NL worked with SOMO, AA Nigeria, AAUK, AA International, and AA France in the development of the Leaking revenue report detailing the impact for Nigeria of a 10 year of tax holiday granted to 3 oil companies. This report enabled AA Nigeria and other society members in extractive rich developing countries to more powerfully challenge harmful tax incentives. (1) - AA NL worked with AA Malawi and AA Zambia and AAI in challenging the ratification through meetings, a policy brief, and parliamentarian questions) of unfair tax treaties between the Netherlands Malawi, Zambia and Kenya. Through knowledge exchange and simultaneous lobby in north and south AA NL has improved capacity to work on this.(0 because not a LLMIC) - AA NL developed the Mistreated report, an analysis of 500 international tax treaties of low and lower-middle income countries signed from 1970 until 2014. It analyses the negative impacts of tax treaties and presented clear guidance on how to improve them to make them more fair for developing countries. This information on tax treaty impacts, treaty trends, and recommendations for improvements has been instrumental in raising the capacity of developing countries work to lobby and advocate on the technical topic of tax treaties. The report is used by many AA offices, including AA NL (1). - AA NL supported AA Haiti in formulating strategies and linking up to InterAmerican Development Bank regarding alleged land rights issues of the development of an industrial park, resulting in enhanced capacity of AA Haiti and its partner organization to access grievance mechanisms of the IADB. (2) Uganda (12): On the basis of 2 capacity development sessions on knowledge and tactics on non-violent activism and creative campaigns for the 15 tax justice alliance members, the Alliance enhanced its advocacy work for improved tax revenue raising and spending. Zambia (2):ActionAid trained 3 locally based organizations in advocacy and research skills. To this effect, 1 of the partners engaged their Municipal Council to advocate for effective utilization of the Environment tax paid by the Mining company in the area. It has been observed that the environmental fees paid by the mines have not been utilized effectively in the community to address environmental related problems caused as a result of mining(1). The other partner organization attended the provincial consultative meeting on the 2017 budget submission preparations. Consequently, the partner made a submission during the 2017 budget consultative meeting. The submission focused on increasing budgetary allocation towards the education sector(1).
Zimbabwe (6): ActionAid brought together the Publish What You Pay Zimbabwe Chapter members and six local CBOs. The capacity of the CBOs were strengthened by the PWYP network on how to do research on financial tax and spending policies. The CBOs and the PWYP network jointly conducted organisation led research on the ’Zimbabwe 2018 National Budget and its implication on mining’. This increased the research skills of the CBOs and increased the capacity of the PWYP members as the research results improve their capacity to lobby and advocate with result-based evidence. This resulted in four CBOs advocating for localized company taxation policies that will increases the local councils budget to improve service delivery as well as advocating for publication of revenue collected from mining companies. (4) ActionAid and its partner organisation organized trainings for the Women Forums in three districts on tax justice and gender sensitive service delivery. The training was aimed at promoting education on women’s participation and demanding government’s accountability in the management of public funds for improved provision of gender sensitive service delivery as well as establishing grassroots tax justice campaigns. One young woman from the forum was supported to participate at the SADC People’s Summit where she shared about the advocacy work of their women’s forums anchored at data extraction on mining revenues by the diamond mining companies (1). Further, members of the Women’s Forums attended the national budget consultation meeting. The women seized the opportunity to influence decision-making of public funds towards improved service delivery. A key recommendation made by the women was the need to ensure equitable distribution of revenue between the national government and local government. (1) Zambia (6): ActionAid facilitated a training of 20 HRDs in three communities on Business and Human Rights, Paralegal training, protection mechanisms for HRDs. This resulted in the HRDs to engage the Ministry of mines and the local government on the Revenue Sharing Mechanism where a proposal has been pushed to allow for retention of 15% by the local community to be used for local development projects as part of progressive utilisation of resources. This is also in line with our approach to promote the Gender Responsive Public Services and this is what we are promoting in the utilisation of revenue. ActionAid organised trainings for three partner organisations on investment policies and the government budget. This resulted in ActionAid together with its partners engaging with the Parliamentary Expanded Committee on Estimates. At this platform ActionAid has been advocating for revised incentives for MNCs which were retrogressive and not giving maximum benefits to the government and local people. Proposals were made and policy papers developed to advocate for revised incentives. In the 2018 budget, the Minister of Finance in his Budget speech echoed the same sentiments and responded positively by reviewing some investment policies to ensure maximization of tax collection especially from mining companies. Uganda (2): In the effort to enhance citizen and stakeholder’s capacity to demand for fair and inclusive fiscal policies and laws and practices through media engagement, ActionAid and its partner in collaboration with African Centre for Media Excellence (ACME) organized a three day training workshop for journalists from various media houses titled “Strengthening Media Oversight and Reporting on tax Policies and practices” from 3rd to 5th October 2017. As a result of the training, there is more interest among journalists in reporting and investigating on issues of trade and taxation. This is seen through the expression of interest and information requests that they file to ActionAid's partner organisations (1). The Tax Justice Alliance meets regularly to discuss emerging taxation issues in the country including Bills that affect revenue collection. The network is also in the process of developing its own governance documents to enable it become institutionally strong as it continues to conduct its advocacy work (1). Netherlands (3) - ActionAid Netherlands has continued to support partners working on Addax case in Sierra Leone by facilitating dialogue and network, as well as share knowledge and suggestions for strategies on resolving the case and opportunities for grievance. This has allowed for the CSOs to engage directly and strengthen their advocacy efforts on the ground and internationally. (1) - ActionAid Netherlands and ActionAid Uganda started to work on the to be renegotiated tax treaty, Uganda has produced a detailed policy brief building our knowledge in the NL to engage on the topic (1). -AA coorganised and cofinanced an international meeting of Eurodad with other Dutch Eurodad Members ( Both End, SOMO and Oxfam) and Eurodad that has helped to build the knowledge of many NGO’s on a wide range of development orient financial issues among which on Tax Justice. Government representatives also attended this meeting which made it possible for the CSO's to advocate towards them about the above issues (1)
Zambia (6): ActionAid will train its partners and communities in mineral revenue tracking and tax justice. As a result, the partners and the communities will be able to discuss with government for improved tax and spending policies. Zimbabwe (14): ActionAid will strengthen the capacity of 14 organizations on improved financial, tax and spending policies, knowledge and build a network through training, and dialogue meetings that will help them to analyse and monitor tax investments, public financial management laws regulating the mining and land sectors for purposes of ensuring public funding of the private sector in the country. Uganda (12): ActionAid will support 12 organisations in strengthening their capacity to continue to influence progressive tax and spending policies. Netherlands (3): -ActionAid will aim to influence tax treaties together with other ActionAid countries resulting in mutual capacity strengthening. -ActionAid will work together with other ActionAid countries on tax and mining research resulting in better understanding of the nexus and greater capacity to campaign on this topic.
NL (2): ActionAid Netherlands joined a Tax Working Group meeting in Entebbe, Uganda , in order to promote fair tax treaties. Together with ActionAid Uganda (1) and partner organization SEATINI-Uganda (1) we met with the Ugandan Ministry of Finance, as well as the Dutch Embassy to focus on the upcoming renegotiation of the Dutch Ugandan tax treaty which gave useful insights into the Dutch tax negotaitors strategies and the need for stronger investement in tax negotiation capacity in Uganda. We provided the Ugandan government with input on how to get a better deal (2). Uganda (12): 12 organizations are now members of the Tax Justice Alliance and their capacity has been strengthened to continue influencing progressive tax policies. With the technical, financial and logistical support of the project, the members of the Tax Justice Alliance have conducted a series of joint activities including developing and presenting the CSO position on the tax bills for FY2018/19 to parliament, and widespread media engagement. Members of the Tax Justice Alliance also held a joint campaign against the taxes on Mobile Money and Over the Top Services. ActionAid Uganda funds SEATINI, which hosts the Tax Justice Alliance and therewith conducts the coordination, preparation of meetings, logistics, etc. ActionAid Uganda also supports capacity development of the Alliance as well as its advocacy activities and campaigns (12). Zambia (6): ActionAid Zambia trained its three partners on mineral revenue tracking. Then the partners further trained three communities in their respective districts on practical revenue expenditure. As a result of their increased capacity, the partners together with the communities carried out practical expenditure tracking and analysed the local authorities’ strategic plans and budgets, especially the money that came from the mining companies and how that is being spent on service provision. The partners and communities made recommendations to the local authorities based on their analysis, to include the local needs and priorities in the plans. In addition, ActionAid Zambia trained one of its partners to carry out action research on mineral revenue collection and spending on social service delivery. As a result, the partner carried out action research, involving key targets informants such as District Heads, mining companies, community leaders, women, youth and children. The research will result in a report that can be used for lobby and advocacy for improved tax and spending policies (6). Zimbabwe (12): ActionAid Zimbabwe strengthened the capacity of 12 member organizations of Publish What You Pay Zimbabwe on improved financial, tax and spending policies, knowledge, and supported them in building a network through training, and dialogue meetings that helped them to analyse and monitor tax investments, public financial management laws regulating the mining and land sectors for purposes of ensuring public funding of the private sector in the country. These civil society organisations lobbied for the implementation of the recommendations of the 2017 Auditor General Report for state owned mining parastatals to parliament, Ministry of Mines and Ministry of Finance (12).
ActionAid will engage and support 33 CSOs in five countries in LLMIC to build knowledge on bilateral and international tax treaties, tax incentives and tax avoidance issues and develop (joint) lobby and advocate strategies and actions. In one other country ActionAid will support CSOs to reasses the impacts of a development bank’s investment and to develop lobby strategies and actions.
Netherlands (7): ActionAid Netherlands will continue to work with ActionAid partners on influencing tax treaties and policies, and on tax and mining research. Also, it will support other ActionAid officies with knowledge and networks around IFI cases where needed. As a result, these partners will be better able to lobby and advocate for improved financial, tax and spending policies (7). Uganda (3): • ActionAid Uganda will continue to support its partner with trainings, exchange visits and networking. As a result of this, the partner will be better able to lobby and advocate for improved taxation policies towards the government (1). • ActionAid Uganda will build the capacity of investigative journalists and their networks through trainings and networking. As a result of this, the journalists will lobby and advocate in their articles for improved financial, tax and spending policies (1). • ActionAid Uganda’s partner will build the capacity of youth groups in the departments of Economics of several major universities through trainings and networking. As a result of this, the youth groups will be better able to advocate for tax for a just society (1). Zambia (3): ActionAid Zambia will strengthen the capacity of its three partner organisations on the topics of gender responsive public services and public expenditure tracking. As a result, these partners will be better able to lobby and advocate for tax justice and to hold duty bearers accountable for financial spending policies (3). Zimbabwe (5): ActionAid Zimbabwe and its partner will assist five CSOs in the collection of data for a documentary about the operations of mining companies and the link to social service delivery. The five CSOs will then use this documentary to lobby and advocate for improved financial, tax and spending policies themselves (5).
The Netherlands (2): As a result of calls and information exchange, ActionAid Netherlands, ActionAid Uganda and partner SEATINI were better able to lobby to influence the tax treaty negotiations between the Netherlands and Uganda (2). Uganda (16): 16 organizations are now members of the Tax Justice Alliance and their capacity has been strengthened to continue influencing progressive tax policies. With the technical, financial and logistical support of the project, the members of the Tax Justice Alliance have conducted a series of joint activities including developing and presenting the CSO position on the tax bills for FY2019/20 to parliament, and widespread media engagement (16). Zambia (4): ActionAid Zambia strengthened the knowledge and lobby skills of three partners in gender-response public services and how it relates to progressive taxation through several trainings. As a result, the partners have been undertaking processes such as public expenditure tracking and the results are used for engagement with duty bearers through interface meetings (3). ActionAid Zambia and its three partners trained communities in mineral revenue tracking, with a focus on women and youth. As a result, the communities conducted a practical mineral revenue tracking on the local government budget. They found out that the money from the mining companies is going directly to the central government at the expense of local authorities where the communities affected by mining live. The communities developed resolutions and lobbied to the local government to fix this (1). Zimbabwe (3): As a result of guidance, technical and financial support of ActionAid Zimbabwe, the Mutoko Youth Initiatives for Community Development and the Mutoko North Development Trust engaged their local authorities on the unfair practices happening in the black granite mining sector, and advocated for fair and adequate taxes for mining companies to contribute to community development (2). Women from the Mutoko community have advocated for participation of women in the local council budget consultations. They have also advocated for fairer taxation and better service delivery to local government officials during the budget consultation meetings. This was the result of a workshop they attended, organized by ActionAid Zimbabwe’s partner ZELA, on civic participation and tax justice issues in the mining sector (1).
Netherlands (7): ActionAid Netherlands will continue to work with ActionAid partners on influencing tax treaties and policies, for example through joint research or joint articles. As a result, at least three of these partners will be better able to lobby and advocate for improved financial, tax and spending policies in their respective countries. For instance, ActionAid Zimbabwe will use the joint research with ActionAid Netherlands on the bilateral tax treaty to lobby the government (3). In 2020 ActionAid will publish its Mining Tax Gaps report, a joint document of a number of ActionAid offices. For the publication, ActionAid Netherlands will provide knowledge on the international component of tax avoidance. At least four countries, including for example Uganda and Zambia, will use the report and the specific knowledge from ActionAid Netherlands to challenge their governments on international fiscal linkages, including tax treaties (4). Uganda (3): ActionAid Uganda will continue its financial and political support to SEATINI and the Tax Justice Alliance for research, investigation and advocacy work (1). ActionAid Uganda will continue to support the Tax Justice Alliance with trainings, exchange visits and networking (1). AA Uganda will strengthen the capacity of investigative journalists and their networks through trainings and networking. As a result of this, the journalists will lobby and advocate for improved financial, tax and spending policies through their publications (1). Zimbabwe (5): ActionAid Zimbabwe and partner organization ZELA will continue to strengthen the capacity of the community forums on tax justice and service delivery set up in 2018 through trainings and skills development. At least four of the community forums will use their increased knowledge and skills to lobby towards their Rural District Councils for improved public finance management, improved tax collection policies and improved spending to achieve better and gender sensitive service delivery (4). ActionAid Zimbabwe and partner organisation ZELA will facilitate a National Tax Justice Campaign, focusing on the extractives sector. The campaign will target policymakers to improve the collection of tax from mining companies and improve the spending policies for better service delivery. Other CSOs and communities from mining areas can join the campaign, and exchange knowledge and networks contacts with ActionAid and ZELA. As a result, at least one of these CSOs will use the increased knowledge to lobby for improved financial, tax and spending policies to local companies or government (1).
Malawi (2)
(1) ActionAid Malawi trained a group of community journalists on tax justice for gender-responsive public services financing. As a result of the training, some of the journalists used their increased knowledge on the topic to set up critical radio shows aimed at improving government policies, and one journalist wrote a series of newspaper articles on the potential revenue loss from tax incentives, Double Taxation Agreement and corporate taxes.
(1) ActionAid Malawi trained a group of young women and men on tax justice. These youth subsequently held community meetings for over 1,500 people in different areas of Malawi to raise awareness on how to hold governments accountable through budget tracking. They also organized meetings with the government on the negative effects of Double Taxation Agreements on revenues available for gender-responsive public services.
Netherlands (4)
(2) Due to calls and information exchange, ActionAid Netherlands, ActionAid Uganda (1) and partner SEATINI (1) were better able to lobby to influence the tax treaty negotiations between the Netherlands and Uganda.
(1) ActionAid Netherlands, based on experiences with multiple southern ActionAid offices and with input from ActionAid Global Secretariat(1), launched the ‘Tax in Times of Corona report’ detailing the Dutch impact on the global South via tax treaties. This report has enabled AA southern offices and partners, mainly with AA Uganda and SEATINI, to more successfully engage with their governments to influence policies with the Netherlands.
(1) ActionAid NL invited AA Uganda and the Tax Justice Network Africa (1) to participate in the IOB evaluation of the Dutch International Tax Policies. Together we have strategized, shared perspectives and experiences, and informed the process.
Uganda (1)
(1) The members of the Tax Justice Alliance Uganda (1) have mutually strengthened their capacities in 2020, as a result of FGG support to the alliance, and put these strengthened skills to use in various advocacy and lobby activities throughout the year. For example, they represented various tax proposals before the tax committee of parliament. Here they defended the feedback from citizens and tax justice alliance. FGG funded this process.
Zimbabwe (7)
(1) As a result of training on tax justice by ActionAid Zimbabwe and partner ZELA, young people in Mutoko approached their Rural District Council and requested transparent information and the disclosure of public expenditures, especially devolution funds.
(4) ActionAid Zimbabwe and partner organization ZELA continued to strengthen the capacity of the Community Forums on Tax Justice and Service Delivery set up in 2018 through trainings and skills development. Four of the community forums used their increased knowledge and skills during local and national budget consultations to lobby for improved public finance management, improved tax collection policies and improved spending to achieve better and gender sensitive service delivery.
(1) ActionAid Zimbabwe and partner ZELA strengthened the knowledge and skills of two youth groups on tax justice and corporate accountability in the mining sector. As a result, these groups organized meetings with their local authorities to discuss the unfair circumstances in the Mutoko black granite mining sector and to advocate for fair and adequate taxes for companies that can benefit community development.
Outcome D: Agendas Set
Decision makers prioritise improvement measures due to support from influential civil society actors, critical media attention, increased public awareness and effective scrutiny of financial and tax policies.
3.D
# proposals for improvement of financial, tax and spending policies discussed by private and public policy makers, and/or in academia, public agenda, media and social movements.
All baselines are set at 0
AA NL (8): - AA NL proposed improvements to FMO’s sustainability policy (particularly on land, gender and HRDs) through live and online consultation, that were discussed. (1) - AA NL provided policy recommendations (in earlier years and recent Partos Ready for Change report and parliamentary input) for strengthening land criteria in RVO investments (private sector instruments), which were discussed in different meetings and resulted in a commitment from government to safeguard policy coherence with the development goals and SDGs (1). - AA NL discussed public country by country (P-CBCR) regulations (focused on public fiscal transparency) with civil servants of the ministry of finance and foreign affairs (1). - AA NL engaged with FMO and the Ministry of FA on the importance of ensuring also communities affected by investments that they pulled out of have access to justice and liabilities are improved, as this is not covered by the current grievance mechanism of FMO and other development banks. It is not yet sure whether and how they will improve their mechanism (1) - AA NL influenced the tax treaty policy recommendation process between the Netherlands, Malawi, Kenya and Zambia. AA NL had meetings on this with the Greens and the Socialist on tax treaties, including southern partner visits. In addition AA NL worked with the Greens to raise parliamentary questions to the State Secretary of Finance and the Minister of International Trade and Development Cooperation. The questions focussed on the problems related to the impact of developing countries. (1) - Together with Southern partners AA NL discussed the Mistreated report and related policy recommendations on redistribution of Taxation rights with the ministries of Finance and foreign Affairs.(1) -AA NL worked with the socialist party in raising questions on AA's report on the tax incentive that 3 oil companies have enjoyed in Nigeria including questions on possible involvement of the Dutch government. This builds on the findings and the policy recommendations of the report.(1) - Together with other Tax Justice members, AA NL made policy recommendations to promote a progressive position of the Dutch government for the EU Anti-Tax Avoidance Directive negotiations positions that were discussed with 2 ministries and several political parties (1). Zambia (2): Background info: ActionAid Zambia engaged 10 politicians who were advisors from three (3) major political parties participating in 2016 general elections and did an orientation on taxation and mining. The purpose of the meeting was to orient the political parties on issues of mining and taxation in order for them to consider adopting progressive tax policies in the mining sector once they form government after the General elections. The political parties committed to adopt progressive tax policies in the mining sector once they form government. 1. Furthermore, ActionAid Zambia developed the Elections Asks Brochure which highlighted how political parties can raise sufficient tax revenue by adopting progressive tax policies in the mining sector. This brochure was launched and during the launch, 28 reporters and news editors were present. The brochure was circulated to all the major media houses in order to enhance tax discussions during the election campaigns in the media. The Election Asks Brochure received a lot of media coverage. In addition, ActionAid working together with other organizations jointly hosted the Presidential Debate dubbed ”Zambia Decides”. This debate was attended by six (6) aspiring presidential candidates. 2. Communique that was drafted during the Zambia Alternative Mining Indaba that influenced the enactment of legislation that requires companies to report country by country and disclose ownership information and tax information. Government used this communique in their monitoring project.
Zimbabwe (6): The report by the Office of the Auditor General on State owned enterprises highlights adverse reports of a mining company based on failure on providing timely reports, failure to provide share certificates of the diamond mining joint ventures and general poor governance of revenues collected by government institutions. ActionAid's partner developed its own report on the gaps of the Auditor General’s report to provide recommendations to ensure that the revenues realised in these entities are used for sustainable development. These reports were discussed at a meeting held at the Office of the Auditor General on State which was attended by ActionAid's partner and other CSO’s. (1) ActionAid's research on budget tracking, looking at local and central budgets, identified gaps in the 2018 Budget for the ASM sector and proposed to the Ministry on Land and Mministry of Mines and Minerals Development to revisit the following areas: unclear legislative support for Artisanal Small-Scale Mining (ASM), recessive incentives for larg-escale mining (LSM), review of Indigenisation quota and Minerals revenue transparency. The report was discussed by Publish What You Pay members and presented to two government institutions. (3) ActionAid's partner's research publication on public financing within the mining sector was disseminated to Parliament and government. In the publication the organisation recommended direct funding of the community share ownership trust from mining levies to ensure communities affected by mining directly benefit from the mining companies working in their areas. This recommendation was made to and discussed by the ministry of finance and ministry of mines and mining development. The recommendations will be measured or assessed against the 2017 National Budget Statement by the Ministry of Finance. (2) Zambia (3): ActionAid participated in the advocacy for sound mechanisms to ensure effective transfers of mining royalty payments to local governments. A proposal was made to government to consider coming up with a formal distribution of revenues to local governments such as the Environmental Protection Fund. This was presented at the Parliamentary Committee who wrote a report to the Ministry of Mines based on the proposal. ActionAid is also part of the movement led by another CSO. This is a National Social Movement which has created a platform for engagement with duty bearers. This movement developed proposals to improve transparency and accountability in government procurements and prioritization of investments. The proposals have been discussed in a public debate by government. ActionAid's proposals for improved Tax policies was discussed by the Parliamentary Committee. ActionAid was requested by the Parliamentary Committee on Legal Affairs, Governance, Human Rights, Gender Matters and Child Affairs to train Parliamentarians on the Implications of Double Taxation Agreements (DTA’s) or Tax Treaties on the progressive realization of Human rights. This training was held on 3rd and 4th May 2017. The training focused on highlighting the weaknesses in some of Zambia’s tax treaties such as the lower withholding taxes on dividends and interest payments and how this leads to loss of tax revenue that could fund public services such as education, water and health. Further, specific example was given pertaining to revenue loss as a result of the old tax treaty between Zambia and Ireland. Uganda (2) ActionAid's partner and other CSOs under the Tax Justice Alliance developed alternative revenue proposals for FY 2017/18. A paper highlighting alternative revenue measures was developed. The proposals were aimed at contributing to increase and equitable domestic revenue mobilisation. One proposal was adopted by Parliament in the tax bills for 2017/18 (1) CSOs including AA developed CSO recommendations for the DTA framework, which were subsequently discussed at various levels including by public policy makers (including the ministry of Finance, Planning and economic development, Uganda revenue authority, members of parliament) and in the media (newspapers and radio); part of the recommendations were incorporated in a revised framework by the government (1). Netherlands (5): FMO has discussed the AA (and other CSO) recommendations on integrating land rights, VGGT, FPIC, gender and human rights more strongly into their policies and practice in meetings and in written feedback. They also discussed the request of AA to be careful on shrinking space and scrutinize the context ahead of making and disclosing new investments, including in the Uganda case (1). FMO has discussed the proposals of ActionAid, its partner organisation and others on addressing the concerns of communities in Sierra Leone around the (former) addax investment, as well as the fact that formally a grievance is difficult due to time limits. Th feedback so far is limited, but the issue of responsible exit is on the agenda and FMO has asked ActionAid's partner to provide further proposals on actions for them to support. (1) IADB is discussing directly and with Haitian government proposals and demands on compensation from a partner of AA Haiti and co-supported by AA NL over the past years to strategize on this, in relation to the Caracol investment in Haiti. (1) -ActionAid actively participated in the development and distribution as well as face to face discussion with parliamentarians of a Tax Justice Network Manifest to influence in particular the political parties that were engaged in formation talks after the Dutch General Elections in an attempt to have tax justice measures included in the coalition agreement (1). -ActionAid produced a detailed policy brief that advised members of parliament to vote against the ratification of the tax treaty with Zambia that was discussed in parliament and resulted in many questions to the minister of finance by 2 political parties. All motions during the debate where based on the policy brief and AA assisted in the development of many of the motions (1).
Zambia (2): 1. ActionAid will develop proposals to improve tax policies, which will discussed by government. 2. ActionAid and the 3 partners will develop proposals for more transparency in tax revenues and discuss this with government. Zimbabwe (3): ActionAid's partner organisation will develop a concept note with recommendations for progressive tax realization and management in the mining sector which will be discussed with government. ActionAid together with partner organisations will make recommendations through a concept note that can be used by executives in government to track the implementations of the recommendations made by the Auditor General. ActionAid's partner will engage government to more effectively use the resources coming from the mining sector. Uganda (7): ActionAid and partners will develop and promote recommendations for improvement tax policies which will be discussed by government Netherlands (6): • ActionAid will engage in discussion with representatives of the ministries of finance and foreign affairs on the need for fairer tax treaties • ActionAid will engage with politicians and ministries of finance and foreign affairs on the need to support the creation of a Global Tax Body. • ActionAid will co-develop and share suggestions on FPIC and land rights safeguards, as well as on access to justice/ grievance mechanisms, for IFIs. It is expected that this will be discussed by government. • We will together with southern partners develop and promote policy proposals for improved Tax treaty with Uganda • We will develop and share proposals that advise significant changes to new repressive Dutch tax treaties with Malawi and Kenya before ratification. • We will develop proposals for improved more development centred Tax treaty negotiation policies.
NL (16): As a result of ActionAid Netherlands’ new report on tax treaties, 1 MP submitted parliamentary questions to the Secretary of State of Finance (1). ActionAid Netherlands engaged with various MPs to discuss the shortcomings and potential fixes of the current tax system that still allows for tax avoidance practices. As a result, 4 MPs (4) posed critical questions to the Secretary of State (1) and our criticism was a huge focus of the debate (5). On two occasions ActionAid Netherlands was able to raise questions via one MP on tax treaties: once regarding Malawi, once regarding Mongolia. The questions were directed to both the Minister of Foreign Affairs and the State Secretary of Finance confronting them with the need for additional actions to improve treaties with developing countries (4; 2 separate questions put on the agenda of 2 Ministers). Thanks to input of ActionAid Netherlands, one MP posed written questions to the State Secretary of Finance on the impact of the Multilateral Instrument on developing countries (2). Partly as a result of continued lobby of ActionAid Netherlands over the years, the Dutch Ministry of Finance as well as Foreign Affairs are becoming more progressive towards tax treaties and developing countries since they consider adoption of progressive UN Model (global tax body) tax treaty clauses and they launched a consultation (1) to get expert opinions. At EU level, ActionAid Netherlands participated in the annual interaction of the EIB with civil society in Luxembourg. AA, Oxfam and ActAlliance EU coordinated a follow-up meeting between the Bank and NGOs active on land rights (June) to go into more depth in our demands. As a result, the EIB commissioned a consultancy firm to map existing standards and best practices on inclusion of land tenure rights in Development Finance Institutions (DFIs) work. The outcome of the work will be to recommend amendments in the EIB Standards. This will be done with a gender lens, as per the EIB new Gender Strategy (1). At EU level, ActionAid Netherlands held a public hearing in the European Parliament in late September, which influenced the draft report of the special committee on financial crimes, tax avoidance and tax evasion and includes references to ActionAid research on the imbalance of taxing rights between developing countries and EU countries in double taxation treaties. Our advocacy with MEPs around the draft report also saw various amendments tabled by the Socialists and the Greens expanding on the development dimension of the report and the role that the EU should play in this, including by calling for the EU and Member States to conduct spillover analyses of their tax policies, and to support progressive taxation in developing countries. We put progressive taxation (with a focus on development) on the agenda of the EU Platform for Tax Good Governance, which is the advisory body to the European Commission in relation to tax, as well as on the agenda of our European allies in Tax Justice Europe (1). ActionAid provided input to MPs on policy coherence and tax. 1 MP put the issue on the agenda during the debate on the annual international trade & development budget. As a result, minister Kaag (ministry of international trade & development) pledged to research how revenues developing countries lose due to tax avoidance facilitated by the Netherlands weigh up against aid they receive (1). Uganda (1): Following their Double Taxation Agreements (DTA) analysis in 2017, SEATINI and ActionAid Uganda were able to share a matrix of issues on the Uganda-Netherlands Double Taxation Treaty with Members of Parliament under the committee on Finance, Planning and Economic Development, Officials from the Tax Policy Department at Ministry of Finance, Planning and Economic Development and Uganda Revenue Authority. Out of the 10 issues pointed out in the matrix, 4 were accepted to be included in the government proposals [Ministry of Finance] for the renegotiation of the Uganda-Netherlands DTA (1). Zambia (4): ActionAid Zambia, together with other stakeholders, engaged with the Ministry of Finance in various platforms, resulting in the enactment of the Planning and Budgeting Bill. If this Bill becomes Law, it will increase transparency and accountability in public finance, and will give mandate to the government to consult communities in budget processes and engage CSOs on quarterly basis for feedback on budget performance. ActionAid Zambia also presented the budget expenditure tracking report for the first quarter budget performance of 2018 to the Parliamentary Budget Committee. As a result of these engagements, the government has assured the CSOs that it is committed to introduce the Planning and Budgeting Bill in Parliament for implementation in 2019 (1). ActionAid Zambia and its partners participated in Alternative Mining Indabas at the national and provincial level, together with the Zambia Revenue Authority, the Ministry of Finance, media and several CSOs. The Alternative Mining Indabas created spaces for alternative proposal engagement with the government. ActionAid Zambia and other CSOs put forward proposals for more transparent, effective and progressive taxation in Zambia, for example to mobilise resources to realise development aspirations and tackle poverty and inequality in the mining communities, and for the government to promote strategies that ensure the interests of the citizens are not compromised. Proposals also emphasized that the government must continue to review tax incentives and treaties. As a result of these engagements, the government discussed several of the proposals, and one proposal to increase the Mineral Royalty Tax was even accepted (1). ActionAid Zambia engaged with the government during the budget consultative meetings and presented a proposal to the Parliamentary Budget Committee to ensure that the government allocates 10 percent of its budget towards agriculture, in line with the Maputo and Malabo Declarations. Quarterly engagements with the Minister of Mines and the Alternative Mining Indabas provided spaces for advocacy around Mineral Revenue Sharing Mechanisms. ActionAid Zambia and other CSOs implored the government to enforce the Mineral Value Chain Monitoring Project of the Zambia Revenue Authority, to ensure that by-products are well accounted for. Also, there should be disclosures of mining contracts by government to the communities where mines are located, and communities should be included in budget tracking of local authorities. As a result of these engagements, the Government agreed to consider Mineral Revenue Sharing to be a law. Also, the Ministry of Mines agreed to consider making it mandatory to disclose all mining contracts between government and mining companies (2). Zimbabwe (6): Partner organisation ZELA held a National Caucus Meeting with the 1. Zimbabwe Miners Federation (ZMF), 2. A publicly owned printing and refining company, and 3. National Indigenisation, Economic and Empowerment Board (NIEEB). After the meeting, the ZMF together with ZELA decided to upscale their push for regularisation of Artisanal and Small-scale Mining (ASM), after realising that ASM was making more returns than the big corporates especially in the gold sector. Further, the company was tasked with pushing for policies that ensure proper gold taxes were in place as they had a cordial working relationship with the Minerals Marketing Corporation of Zimbabwe (3). Partner organisation ZELA representative, as the chair of the CSOs coalition, in his opening speech advocated that the Kimberly process (a multilateral trade regime established in 2003 with the goal of preventing the flow of conflict diamonds) should not be a secretive process but rather an open and transparent one. Adding on to that ZELA suggested that the Zimbabwean government should join the Extractives Industries Transparency Initiative (EITI) to advance transparency in the overall mineral resources sector. In his budgetary statement, the Minister of Finance suggested and quoted ZELA’s recommendation of joining the EITI so as to attract investments in the extractives sector and to adopt international best practices (1). Partner organisation ZELA challenged the office of the Auditor General (AG) on their report on a government-owned mining company, stating that the report lacked in transparency as it did not include proper financial audits and no ethical audits on the sourcing of the diamonds. As a result, the office of the AG invited ZELA to further discuss these recommendations (1). Following ZELA’s meeting with the Parliament and the Finance Ministry on the recommendations of the Auditor General, a government-owned mining company agreed to come to the negotiating table on how they could improve on transparency (1).
ActionAid will develop one proposal that aims to improve the taxation rights of developing countries and promote it with relevant governmental stakeholders. We will also advice governments in two countries through proposals on how to improve their financing policies to protect land and environmental rights. Furthermore, ActionAid and partners will develop two proposals for transparency in corporations’ revenue and government spending.
Netherlands (8): • Representatives of the Ministries of Finance and Foreign Affairs as well as politicians will discuss options for fairer tax treaties with at least three African countries as a result of ActionAid Netherlands' engagement with them (3). • Following discussions of ActionAid Netherlands with politicians and the Ministries of Finance and Foreign Affairs, at least one of these actors will further discuss the creation of a Global Tax Body (1). • Dutch Ministries and politicians will increasingly pay attention to the disproportionate impact of tax avoidance on women’s rights as a result of ActionAid’s awareness raising activities. At least one of these actors will discuss the topic further (1). • ActionAid Netherlands will co-develop and share suggestions on land rights, gender and human rights due diligence, as well as on access to justice/grievance mechanisms, for IFIs. For land we will build on the ActionAid FPIC briefing and VGGT scorecard work and where possible we will work with other CSOs (especially FGG members) to share proposals with Dutch parliament, government and agencies and institutions. As a result, we expect that at least one of these proposals will be discussed by at least one of the actors mentioned above (1). • ActionAid Netherlands will share 2 proposals on financial and economic policies and their gender and women’s rights impacts in the context of labour, decent work and public services (including unpaid carework) with the Dutch government and international financial institutions, as well as media and other movements. We expect that both proposals will be discussed by at least one of the actors mentioned above (2). Uganda (3): ActionAid Uganda, together with several other CSOs, will put forward proposals for alternative tax policies. These proposals will be discussed by at least two government bodies and academia (3). Zambia (3): • The Zambian government will pay increasing attention to the improvement of financial, tax and spending policies, as a result of the lobby and advocacy activities of ActionAid Zambia and partners, together with other CSOs and relevant stakeholders (1). • ActionAid Zambia and its partners will conduct public expenditure tracking to advocate for gender-responsive public service provision to mining companies in the project areas. As a result of this advocacy, at least one mining company will discuss this issue further (1). • The Zambian government will increasingly pay attention to fair and gender-just public expenditure as a result of the lobby and advocacy activities of ActionAid Zambia, its partners and several other organisations (1). Zimbabwe (3): • In 2019, ActionAid's partner organisation will organise the national Tax Justice Forum with the theme of progressive tax realisation and management in the mining sector. The partner will develop a concept note with their recommendations on this topic, which will be discussed during the Forum. Participants to the Forum will include state-owned mining enterprises and policy-makers from the Ministries of Rural Development, Finance and Mines. It is expected that at least the Ministries of Finance and Mines will further discuss the proposal (2). • The Government will discuss ActionAid's partner organisation's proposal for more effective use of the resources coming from the mining sector (1).
The Netherlands (41): During a roundtable, representatives of the Dutch Ministry of Finance and the Ministry of Foreign Affairs discussed ActionAid Netherlands’ (commissioned by Southern offices) report on the impact of tax treaties on developing countries, and recommendations focused on establishing a better distribution of taxation rights with developing countries (2). Two Members of Parliament (Green party and Socialist party) discussed ActionAid Netherlands’ proposals for mitigating the impact of tax treaties (focused on equitable taxation rights to developing countries and measures to limit the untaxed onflow of momey via the Netherlands) during a workshop at the Africa Day, organized by ActionAid (2). Three Members of Parliament (Green Party, Socialist Party and Labour party) discussed the proposals (to make the conditional withholding tax for financial transactions to tax havens stricter by imposing stricter criteria to determine which countries are a tax haven) of the Tax Justice Network, which ActionAid Netherlands is part of, to influence the 2020 fiscal plan as a result of lobby engagements (3). Newspaper Trouw published the opinion article of Building Change to influence the withholding tax for financial transactions with tax havens. The article pointed at the weak criteria for the determination of a tax haven. ActionAid Netherlands has contributed to the article by providing specific recommendations (1). The Dutch Labour Party put forward a motion initiated by ActionAid Netherlands in Parliament on the need to monitor the effectiveness of anti-abuse clauses in tax treaties. The introduction of such measures has been one of the most important steps of the Dutch government to make treaties with developing countries fairer. But the effectiveness which is strongly dependent on capacity dedicated to its implementation is highly uncertain. Unfortunately the motion was not adopted, but it gained support from three parties (3). The media (online opinion platform Joop!) published ActionAid Netherlands’ opinion article on the shortcomings of the government’s new measures to end tax avoidance. The measures will only affect a part of tax avoidance via the Netherlands. Many companies as a result will still be able to avoid tax in developing countries via the Netherlands (1). The Reformed party used the Building Change Alliance tax input which was written by ActionAid Netherlands for the International Trade and Development Commission annual budget discussion. The input focused on promoting measures that can improve the fiscal policy coherence with development (1). During a bilateral meeting, representatives from the Danish Permanent Representation to the EU discussed ActionAid NL and EU’s proposals for country-by-country reporting. Such transparency which is discussed in the EU can, if adopted, improve tax collection in developing countries tremendously (1). European commission reviewed ActionAid NL and EU’s written submission to the European Commission’s consultation to the evaluation of the EU Directive on Administrative Cooperation on tax (1). European Commission members actively acknowledged the message from ActionAid NL and EU’s press release calling for the need for Public Country by country reporting rather than the focus on tax transparency solely between governments as was included in the European Parliament’s report on Tax Evasion and Tax Avoidance (1). At the EU Platform for Tax Good Governance of the European Taxus Commission, ActionAid NL and EU’s proposals for the EU (about for example improvements in mandatory fiscal transparency and measures to avoid the ongoing tax competition between countries) were actively discussed by representatives of the EU member states (1). Members of the European Parliament discussed and supported ActionAid Brussels’ (financially supported by ActionAid Netherlands) amendments on tax and developing countries in their parliamentary report (1). The European Commission (DEVCO and TAXUD) discussed findings from the ActionAid recommendations on spillover analysis in a meeting with ActionAid (2). The Tax Justice pledge for candidates to the European Parliament on tax justice and transparency, coordinated by Tax Justice Europe and supported by ActionAid, was signed by a large number of candidates (1). During a high-level meeting on the future of EU tax policy, DG TAXUD discussed ActionAid’s proposals for improved tax policies (1). ActionAid’s position on tax transparency was highlighted by the media, in an interview on the Accountancy Europe website (1). ActionAid co-organized a debate at the European Development Days with a representative from ActionAid Bangladesh as a speaker. During the event, they discussed their proposals for progressive taxation with the EU Commission members (2). During bilateral meetings with new European Members of Parliament, ActionAid discussed the Tax Justice pledge (which ActionAid contributed to) and its proposals for tax justice and tax transparency (5). Members of the permanent representations of Finland, Denmark, Poland, Sweden, Croatia, Lithuania, Portugal and Germany discussed their country positions regarding Tax Transparency (Public Country by Country Reporting) and ActionAid’s proposals for increased transparency during bilateral meetings (8). Participants of the Addis Tax Initiative – Tax and Development Conference discussed ActionAid’s ‘EU support for Domestic Resource Mobilization’ briefing document (1). The United Nations viewed ActionAid’s joint written NGO submission on the UN Working Group on Business & Human Rights’ consultation as input for a report to the UN General Assembly on policy coherence (1). Experts discussed ActionAid’s position on progressive taxation as presented by ActionAid at the expert workshop on tax and development that was hosted by academic project Global Tax Governance (1). Uganda (5): Through the analysis of the Multilateral Instrument, ActionAid Uganda and partners set the agenda for discussion of the renegotiation between Uganda & Netherlands as the Uganda government commended the work of CSOs and committed through a meeting with the Tax Justice Alliance not to sign onto the MLI (1). Members of the Tax Justice Alliance, among others AAIU, spearheaded the development of a policy dialogue concerning the Uganda-Netherlands DTA and presented them to the Netherlands negotiating team as well as to the Ministry of Finance Planning and Economic Development (2). The Ugandan Parliamentary Standing Committee on Trade & Investment has discussed the annual inputs received from the Tax Justice Alliance (which the project helped to form and facilitate) to the Financial Tax proposals. AAIU is a member of the alliance (1). ActionAid Uganda and partners, after finding harmful clauses in their policy analyses, have pushed their national government to renegotiate the Double Taxation Agreement between Uganda and the Mauritius (1). Zambia (10): The Government of Zambia and the Parliamentary Committee on Planning and Budgeting are engaging stakeholders to come up with recommendations for optimal tax rates as proposed by CSOs, including ActionAid Zambia, through the Zambia Tax Platform. This process started after the CSOs had shown that the government loses huge sums through tax because of failing to optimize the tax rates (1). As a result of training by ActionAid Zambia in budget tracking and social audits, three communities have undertaken budget tracking in health, education, water and sanitation to evaluate the extent to which the local government is prudently utilizing public finances. Based on the tracking exercises, the communities developed community reports with concrete recommendations for improvements in these areas, that they discussed with local government representatives during interface meetings (1). ActionAid Zambia and its partner demonstrated to a local Council how revenue is lost through leakages in the tax system, and put forward proposed alternatives for revenue collection and spending options to strengthen local resource mobilization for gender-responsive public services. As a result, the Council did a mapping and sensitization exercise together with the Zambia Revenue Authority on established mechanisms of taxation and alternative ways of remitting, which is going to significantly increase income and public service delivery (1). During the three Zambia Alternative Mining Indaba meetings in Lusaka and the Copperbelt and North Western provinces, ActionAid Zambia discussed its proposals for reviewing the Mineral Royalty Tax and for a more transparent, effective and progressive taxation system with government representatives (1). During quarterly engagement meetings, ActionAid Zambia discussed its proposal to reinstate the Mineral Revenue Sharing Mechanism Clause, which was part of the previous Mines and Minerals Act of 2008, with the Minister of Mines. The mechanism is a means to ensure that local communities that host mining companies benefit from the mining activities (1). During quarterly engagement meetings and during the Zambia Alternative Mining Indaba, ActionAid Zambia and other civil society actors discussed their proposal to adopt the Extractive Industries Transparency Initiative as a law and to identify weaknesses in current legislation, with the Ministry of Mines. Through these measures, the government would be forced to improve the natural resource governance in the country (1). During quarterly engagement meetings and during the Zambia Alternative Mining Indaba, ActionAid Zambia and other civil society actors discussed their proposal to enforce the Mineral Value Chain Monitoring Project of the Zambia Revenue Authority, with the Ministry of Mines. Through this project, it will be possible to monitor the mining and mineral value chain from extraction to exportation, and to have a complete overview of revenues (1). During quarterly engagement meetings and during the Zambia Alternative Mining Indaba, ActionAid Zambia and other civil society actors discussed their proposal for disclosure of mining contracts by government to the communities in which extraction activities are taking place, with the Ministry of Mines (1). ActionAid Zambia has submitted proposals on taxation and Double Taxation Agreements (DTAs) to the Parliamentary Committee, to advocate for strengthened DTAs to prevent leakages in taxes. The Parliamentary Committee has taken these proposals along in their current consideration for reviewing some of the DTAs, including the one with the Netherlands (1). During quarterly engagement meetings and during the Zambia Alternative Mining Indaba, ActionAid Zambia and its three partner organisations discussed their proposal on the need for disclosure of beneficial ownership, with the Ministry of Mines. Not disclosing beneficial ownership can facilitate illicit financial flows (1). Zimbabwe (6): ActionAid Zimbabwe, together with two partners, organized a Youth-Led Tax Justice Symposium in Mutoko. During the symposium, ActionAid and its partners discussed their proposals for better capacity strengthening for youth on tax justice issues with local government representatives (1). The media picked up ActionAid Zimbabwe and partners’ proposals on better inclusion of youth in tax justice issues, after a national radio station broadcasted discussions from the Youth-Led Tax Justice Campaign, that was organized by ActionAid (1). During a high-level breakfast meeting that they organized, ActionAid Zimbabwe’s partner ZELA discussed its proposals for fairer taxation in the mining sector with officials from the Ministry of Mines and Mining Development, Parliament, civil society and media (4).
Kenya (1): ActionAid Kenya is a member of the ActionAid Tax Justice Working Group. In this forum, it will promote the concept of Gender Responsive Public Services, which will be discussed by its participants (1). Netherlands (9): The Dutch government (Ministry of Foreign Affairs, Ministry of Finance, political parties) will discuss ActionAid Netherlands’ proposals on closing tax loopholes and stopping tax avoidance issues in the mining sector in parliamentary meetings and events, based on ActionAid’s Mining Tax Gaps report (3). ActionAid Netherlands will set the agenda of Dutch policymakers on the need for feminist alternatives to tax rules through a report which outlines the role tax rules play in a feminist economy. These alternatives will be discussed by Ministry of Foreign Affairs, Ministry of Finance and political parties during parliamentary meetings and public events co-organised by ActionAid Netherlands and the Ministry. It is expected that at least three policy makers will discuss ActionAid’s proposals for feminist alternatives to tax rules (3). European policymakers will discuss ActionAid Netherlands’ proposals for more ambitious European environmental taxes in meetings and events. It is expected that at least one policy maker will discuss the proposals (1). European policymakers will discuss ActionAid proposals for more equity, transparency, fairness and efficiency in the EU Direct Resource Mobilisation Programme in meetings and events as a result of research and lobby activities of ActionAid It is expected that at least one policy maker will bring in or discuss the proposals (1). Through the Building Change CSO group, ActionAid Netherlands will continue to set the agenda of policymakers on issues related to tax. Specifically, ActionAid Netherlands will put forward proposals to decrease tax avoidance through the Netherlands, based on its company case report that will be published in 2020 (1). Roving Advisor (1): During a side event of the multi-stakeholder dialogue meeting on corporate investments and tax in Zambia, Zimbabwe and Uganda, organized by the Roving Advisor, actors from governments, corporates and CSOs will come together to discuss improvements of current tax systems for the benefit of local people. The recommendations coming from this meeting will be used by ActionAid to lobby to regional bodies such as Southern African Development Community, Common Market for Eastern and Southern Africa, African Union and the United Nations. It is expected that at least one of these bodies will discuss the proposal (1). Uganda (5): In 2016 , the Ministry of Finance Planning and Economic Development drafted a policy on renegotiation of Double Taxation Agreements. This was a big push from ActionAid Uganda and its partners. Although it was vetted and approved by cabinet, it has not yet been shared with CSOs. However CSOs continue to have a transparent and good working relationship with the Ministry, especially the department of trade and investments (0). ActionAid Uganda and its partners will study the tax system and the state finances and will reach out to the media on these issues. It is expected that the topic will be discussed in at least one medium/media channel. Because of this, it will be possible to engage the Ministry of Finance through lobby and advocacy work. This will lead to a better exchange of information with the Ministry and to an engagement in decision-making processes (1). The Tax Justice Alliance, of which AA Uganda is a member, will develop alternative policy proposals to the Tax Bills of 2020/2021, which will come out in March 2020, to make them more progressive and fair to citizens. This proposal will be discussed by the Ministry of Finance, members of Parliament, media and academia (4). Zambia (2): ActionAid Zambia and its partners will conduct public expenditure tracking to advocate for gender responsive public service provision to mining companies in the project areas. As a result of this advocacy, at least one mining company will discuss this issue further (1). ActionAid Zambia and its partners will set the agenda of the government and mining companies on the importance of reviewing existing tax laws, policies and exemptions reductions. For example, ActionAid Zambia will put forward proposals on revising the Double Taxation Agreement with the Netherlands, which will be discussed by the government (1). Zimbabwe (8): During the National Tax Justice Forum, organized by ActionAid Zimbabwe and partner ZELA, mining companies and policymakers from the Ministry of Finance, the Ministry of Rural Development and the Ministry of Mines will discuss ZELA’s recommendations for progressive tax realization and management in the mining sector (4). The government will discuss partner organisation ZELA’s arguments on adhering to the recommendations made by the Auditor General, and their proposals on more effective, transparent and accountable use of the resources coming from the mining sector (1). ActionAid Zimbabwe and partner organisation ZELA will facilitate a National Tax Justice Campaign, focusing on the extractives sector. The campaign will target policymakers to improve the collection of tax from mining companies and improve the spending policies for better service delivery. The Parliament of Zimbabwe, the Parliamentary Portfolio Committee on Public Finance and the Parliamentary Portfolio Committee on Mines will discuss the proposals put forward in the campaign (3).
Malawi (3)
(1) During a television show in Malawi, youth groups that were financially and strategically supported by ActionAid Malawi engaged with government officials on the negative effects of Double Taxation Agreements (DTAs) and their proposals for transparency. As a result, the government officials were open about the number of DTAs that are up for negotiation and the status, which is already a great step forward in terms in transparency.
(2) ActionAid Malawi discussed its tax policy analysis and recommendations for progressive taxation with the Ministry of Finance and the Parliamentary Committee on Budget and Finance during several engagement meetings. As a result, the Ministry of Finance, through Parliament, provided an update on measures it is undertaking to transform tax revenue generation.
Netherlands (9)
(1) The ‘Tax in times of Corona’ report, which outlines the negative impact of the Netherlands’ tax behavior and policy on Southern countries, which was produced by ActionAid Netherlands, (based on experiences with multiple southern ActionAid offices and with input from ActionAid Global Secretariat) was discussed with several political parties (GroenLinks (1), Socialistische Partij, Partij voor de Dieren) and resulted in questions raised by GroenLinks in Dutch Parliament.
(4) ActionAid Netherlands based on experience working with Southern partners contributed to the ‘Tax justice Position paper’ which dealt with issues such as: Tax treaties, and measures against tax havens, ActionAid Netherlands organized a meeting and discussed this paper one-on-one with the SP(1), D66(1), GL(1), PVdD(1). They all indicated to discuss this further in a General Meeting (Algemeen Overleg (AO)).
(2) The report on the improving Dutch capacity development initiatives on tax issues, produced by ActionAid Brussels, ActionAid Denmark and ActionAid Netherlands, was discussed in a meeting with the Dutch Ministry of Foreign Affairs (1) and several EU policymakers and the European Commission (1) and ActionAid Netherlands. This report recommends several alternative methods to improve the current methods in terms of inclusion, including women and civil society participation, and democracy in these initiatives.
(1) The European Commission INTPA(1) is supportive of ActionAid EU’s views and used their input, based on experiences from our Southern partners, into the Carbon Border Adjustment Mechanism (CBAM), which sought to integrate the needs and perspectives of the communities in the global south into the CBAM (as impacts on global south countries were lacking in the EU analysis). This input also resulted in the invitation to a round table meeting with the commissioner in 2021 to discuss the further development of the CBAM.
(1) ActionAid Netherlands provided the Who Cares for the Future report to several policymakers and Ministries and discussed it during a meeting at the Ministry of Foreign Affairs (1). The report provides a strong analysis of the weak state of care in Southern Countries and how tax avoidance is part of the underlying problems of the inadequate gender responsive public service provision and dept. We also sent a letter to the Minister of Finance on the need for dept payment pauses and dept cancellation for countries in the global south.
Uganda (4)
(1) In November 2020 the Tax Justice Alliance Uganda steering committee that ActionAid is part of, presented a tax justice proposal FY2020/2021 to the Ministry of Finance, Planning and Economic Development (1). The proposal had several recommendations pertaining to specific laws that should be amended to help collect revenue. For 2020, the Bills for amendment were;
• Income Tax Amendment Bill 2020/21
• Excise Duty (Amendment Bill) 2020/21
• The Value-Added Act (Amendment Bill) 2020/21
• The Tobacco Control (Amendment Bill) 2020/21
(2) The TJA (including AA) held a press conference calling upon the government ) that had delayed responding to the tax bill proposals tabled by the TJAU to allow the tax justice alliance to defend the tax proposals as laid out in a position paper, to make them more progressive and fair to citizens. The issues raised by the CSOs were subsequently discussed in the media (TV, radio Twitter and Facebook) (1). Subsequently, the Ministry of Finance (1) called a few CSOs from the tax justice alliance to make a presentation of the proposals for the FY2021/2022. The TJA shall follow in 2021 on the agreed actions.
(1) The Tax Justice Alliance published a paper about the negative impact of the Covid 19 pandemic on businesses and especially on Small & Medium Enterprises and on the economy in general The paper specifically advocated for rethinking domestic revenue mobilization during the pandemic with a view to providing incentives to SMEs. The president subsequently held a speech in line with the recommendations on SMEs from the TJA (1) and the Uganda Development Bank is currently working with SMEs to provide incentives for them to restart as well as revamp the economy.
Zambia (7)
(1) ActionAid Zambia conducted trainings on public expenditure tracking for women from mining communities, who then took part in budget planning meetings with local government officials of Mufulira to discuss the importance of transparency in public budgets. This has resulted into the local government of Mufulira to start announcing the allocation given by government under the Constituency development fund, including information on the projects that will be implemented in each ward.
(5) During a series of radio and television programmes that they organized, ActionAid Zambia together with mining communities discussed their proposals to improve the current tax regime with the Ministry of Mines, the Chamber of Mines, the Zambia Revenue Authority, the Ministry of Finance and the Secretariat of the Extractive Industries Transparency Initiative. The impact of the Covid-19 pandemic was an important topic, with all participants agreeing that the mining sector has an important role to play in revenue raising in times of crisis.
(1) During a multi-stakeholder meeting, ActionAid Zambia discussed its recommendations for strengthening compliance of the awarding of mining rights and monitoring mechanisms with the Parliamentary Committee on Mines. The representatives of the Committee were well prepared and had a number of questions for ActionAid that showed they had done their research on the topic.
Zimbabwe (5)
(1) During Community Tax Justice Forums, the Rural District Council of Mutoko engaged with communities trained by partner ZELA (with financial and strategic support from ActionAid Zimbabwe) on challenges that they face in terms of domestic resource mobilisations. They also discussed the proposals of youths involved in the Forums on the use of public funds. After the meeting with the youths, the Rural District Council approached ZELA to say that it agrees to share its budget performances for annual analysis, and that this will be shared using a public online platform created by ZELA.
(1) Two youth groups discussed their proposals for fair and adequate taxes for black granite mining companies with their local authorities during several meetings that the youth groups organized. ActionAid Zimbabwe and partner ZELA had strengthened the knowledge and skills of the youth groups on the topic of tax justice. The local authorities were interested in the proposals of the youth and agreed to meet them again to discuss this matter further.
(1) Four Community Forums on Tax Justice discussed their proposals for improved public finance management, improved tax collection policies and improved spending to achieve better and gender-sensitive service delivery with their Rural District Councils during budget consultations. ActionAid Zimbabwe and partner ZELA had strengthened the capacities of the Forums in workshops. The representatives of the Councils agreed on the importance of gender-responsive public services, and committed to keep the Community Forums informed on budget developments.
(1) Women from two wards in Mutoko discussed their proposals for gender-responsive budgeting with their local authorities during budget consultation meetings. ActionAid Zimbabwe’s partner ZELA had strengthened the capacities of the women during workshops on tax justice. During the meeting, the local authorities agreed to keep the women informed on budget developments, so that they can continue to hold the authorities accountable.
(1) With the leadership of the Mutoko North Development Committee together with paralegals, the Mutoko community discussed its proposal for community-owned black granite mining claims with the Mutoko Rural District Council. The Council approved their proposal and the community applied for the claim. They are now waiting for the decision. The community claim will be used to ensure benefits from the black granite mining are fed back into the community. ActionAid Zimbabwe’s partner ZELA strengthened the capacity of the Mutoko North Development Committee on lobby and advocacy, and on tax justice.
3.D
# proposals for improvement of financial, tax and spending policies discussed by private and public policy makers, and/or in academia, public agenda, media and social movements.
All baselines are set at 0
AA NL (8): - AA NL proposed improvements to FMO’s sustainability policy (particularly on land, gender and HRDs) through live and online consultation, that were discussed. (1) - AA NL provided policy recommendations (in earlier years and recent Partos Ready for Change report and parliamentary input) for strengthening land criteria in RVO investments (private sector instruments), which were discussed in different meetings and resulted in a commitment from government to safeguard policy coherence with the development goals and SDGs (1). - AA NL discussed public country by country (P-CBCR) regulations (focused on public fiscal transparency) with civil servants of the ministry of finance and foreign affairs (1). - AA NL engaged with FMO and the Ministry of FA on the importance of ensuring also communities affected by investments that they pulled out of have access to justice and liabilities are improved, as this is not covered by the current grievance mechanism of FMO and other development banks. It is not yet sure whether and how they will improve their mechanism (1) - AA NL influenced the tax treaty policy recommendation process between the Netherlands, Malawi, Kenya and Zambia. AA NL had meetings on this with the Greens and the Socialist on tax treaties, including southern partner visits. In addition AA NL worked with the Greens to raise parliamentary questions to the State Secretary of Finance and the Minister of International Trade and Development Cooperation. The questions focussed on the problems related to the impact of developing countries. (1) - Together with Southern partners AA NL discussed the Mistreated report and related policy recommendations on redistribution of Taxation rights with the ministries of Finance and foreign Affairs.(1) -AA NL worked with the socialist party in raising questions on AA's report on the tax incentive that 3 oil companies have enjoyed in Nigeria including questions on possible involvement of the Dutch government. This builds on the findings and the policy recommendations of the report.(1) - Together with other Tax Justice members, AA NL made policy recommendations to promote a progressive position of the Dutch government for the EU Anti-Tax Avoidance Directive negotiations positions that were discussed with 2 ministries and several political parties (1). Zambia (2): Background info: ActionAid Zambia engaged 10 politicians who were advisors from three (3) major political parties participating in 2016 general elections and did an orientation on taxation and mining. The purpose of the meeting was to orient the political parties on issues of mining and taxation in order for them to consider adopting progressive tax policies in the mining sector once they form government after the General elections. The political parties committed to adopt progressive tax policies in the mining sector once they form government. 1. Furthermore, ActionAid Zambia developed the Elections Asks Brochure which highlighted how political parties can raise sufficient tax revenue by adopting progressive tax policies in the mining sector. This brochure was launched and during the launch, 28 reporters and news editors were present. The brochure was circulated to all the major media houses in order to enhance tax discussions during the election campaigns in the media. The Election Asks Brochure received a lot of media coverage. In addition, ActionAid working together with other organizations jointly hosted the Presidential Debate dubbed ”Zambia Decides”. This debate was attended by six (6) aspiring presidential candidates. 2. Communique that was drafted during the Zambia Alternative Mining Indaba that influenced the enactment of legislation that requires companies to report country by country and disclose ownership information and tax information. Government used this communique in their monitoring project.
Zimbabwe (6): The report by the Office of the Auditor General on State owned enterprises highlights adverse reports of a mining company based on failure on providing timely reports, failure to provide share certificates of the diamond mining joint ventures and general poor governance of revenues collected by government institutions. ActionAid's partner developed its own report on the gaps of the Auditor General’s report to provide recommendations to ensure that the revenues realised in these entities are used for sustainable development. These reports were discussed at a meeting held at the Office of the Auditor General on State which was attended by ActionAid's partner and other CSO’s. (1) ActionAid's research on budget tracking, looking at local and central budgets, identified gaps in the 2018 Budget for the ASM sector and proposed to the Ministry on Land and Mministry of Mines and Minerals Development to revisit the following areas: unclear legislative support for Artisanal Small-Scale Mining (ASM), recessive incentives for larg-escale mining (LSM), review of Indigenisation quota and Minerals revenue transparency. The report was discussed by Publish What You Pay members and presented to two government institutions. (3) ActionAid's partner's research publication on public financing within the mining sector was disseminated to Parliament and government. In the publication the organisation recommended direct funding of the community share ownership trust from mining levies to ensure communities affected by mining directly benefit from the mining companies working in their areas. This recommendation was made to and discussed by the ministry of finance and ministry of mines and mining development. The recommendations will be measured or assessed against the 2017 National Budget Statement by the Ministry of Finance. (2) Zambia (3): ActionAid participated in the advocacy for sound mechanisms to ensure effective transfers of mining royalty payments to local governments. A proposal was made to government to consider coming up with a formal distribution of revenues to local governments such as the Environmental Protection Fund. This was presented at the Parliamentary Committee who wrote a report to the Ministry of Mines based on the proposal. ActionAid is also part of the movement led by another CSO. This is a National Social Movement which has created a platform for engagement with duty bearers. This movement developed proposals to improve transparency and accountability in government procurements and prioritization of investments. The proposals have been discussed in a public debate by government. ActionAid's proposals for improved Tax policies was discussed by the Parliamentary Committee. ActionAid was requested by the Parliamentary Committee on Legal Affairs, Governance, Human Rights, Gender Matters and Child Affairs to train Parliamentarians on the Implications of Double Taxation Agreements (DTA’s) or Tax Treaties on the progressive realization of Human rights. This training was held on 3rd and 4th May 2017. The training focused on highlighting the weaknesses in some of Zambia’s tax treaties such as the lower withholding taxes on dividends and interest payments and how this leads to loss of tax revenue that could fund public services such as education, water and health. Further, specific example was given pertaining to revenue loss as a result of the old tax treaty between Zambia and Ireland. Uganda (2) ActionAid's partner and other CSOs under the Tax Justice Alliance developed alternative revenue proposals for FY 2017/18. A paper highlighting alternative revenue measures was developed. The proposals were aimed at contributing to increase and equitable domestic revenue mobilisation. One proposal was adopted by Parliament in the tax bills for 2017/18 (1) CSOs including AA developed CSO recommendations for the DTA framework, which were subsequently discussed at various levels including by public policy makers (including the ministry of Finance, Planning and economic development, Uganda revenue authority, members of parliament) and in the media (newspapers and radio); part of the recommendations were incorporated in a revised framework by the government (1). Netherlands (5): FMO has discussed the AA (and other CSO) recommendations on integrating land rights, VGGT, FPIC, gender and human rights more strongly into their policies and practice in meetings and in written feedback. They also discussed the request of AA to be careful on shrinking space and scrutinize the context ahead of making and disclosing new investments, including in the Uganda case (1). FMO has discussed the proposals of ActionAid, its partner organisation and others on addressing the concerns of communities in Sierra Leone around the (former) addax investment, as well as the fact that formally a grievance is difficult due to time limits. Th feedback so far is limited, but the issue of responsible exit is on the agenda and FMO has asked ActionAid's partner to provide further proposals on actions for them to support. (1) IADB is discussing directly and with Haitian government proposals and demands on compensation from a partner of AA Haiti and co-supported by AA NL over the past years to strategize on this, in relation to the Caracol investment in Haiti. (1) -ActionAid actively participated in the development and distribution as well as face to face discussion with parliamentarians of a Tax Justice Network Manifest to influence in particular the political parties that were engaged in formation talks after the Dutch General Elections in an attempt to have tax justice measures included in the coalition agreement (1). -ActionAid produced a detailed policy brief that advised members of parliament to vote against the ratification of the tax treaty with Zambia that was discussed in parliament and resulted in many questions to the minister of finance by 2 political parties. All motions during the debate where based on the policy brief and AA assisted in the development of many of the motions (1).
Zambia (2): 1. ActionAid will develop proposals to improve tax policies, which will discussed by government. 2. ActionAid and the 3 partners will develop proposals for more transparency in tax revenues and discuss this with government. Zimbabwe (3): ActionAid's partner organisation will develop a concept note with recommendations for progressive tax realization and management in the mining sector which will be discussed with government. ActionAid together with partner organisations will make recommendations through a concept note that can be used by executives in government to track the implementations of the recommendations made by the Auditor General. ActionAid's partner will engage government to more effectively use the resources coming from the mining sector. Uganda (7): ActionAid and partners will develop and promote recommendations for improvement tax policies which will be discussed by government Netherlands (6): • ActionAid will engage in discussion with representatives of the ministries of finance and foreign affairs on the need for fairer tax treaties • ActionAid will engage with politicians and ministries of finance and foreign affairs on the need to support the creation of a Global Tax Body. • ActionAid will co-develop and share suggestions on FPIC and land rights safeguards, as well as on access to justice/ grievance mechanisms, for IFIs. It is expected that this will be discussed by government. • We will together with southern partners develop and promote policy proposals for improved Tax treaty with Uganda • We will develop and share proposals that advise significant changes to new repressive Dutch tax treaties with Malawi and Kenya before ratification. • We will develop proposals for improved more development centred Tax treaty negotiation policies.
NL (16): As a result of ActionAid Netherlands’ new report on tax treaties, 1 MP submitted parliamentary questions to the Secretary of State of Finance (1). ActionAid Netherlands engaged with various MPs to discuss the shortcomings and potential fixes of the current tax system that still allows for tax avoidance practices. As a result, 4 MPs (4) posed critical questions to the Secretary of State (1) and our criticism was a huge focus of the debate (5). On two occasions ActionAid Netherlands was able to raise questions via one MP on tax treaties: once regarding Malawi, once regarding Mongolia. The questions were directed to both the Minister of Foreign Affairs and the State Secretary of Finance confronting them with the need for additional actions to improve treaties with developing countries (4; 2 separate questions put on the agenda of 2 Ministers). Thanks to input of ActionAid Netherlands, one MP posed written questions to the State Secretary of Finance on the impact of the Multilateral Instrument on developing countries (2). Partly as a result of continued lobby of ActionAid Netherlands over the years, the Dutch Ministry of Finance as well as Foreign Affairs are becoming more progressive towards tax treaties and developing countries since they consider adoption of progressive UN Model (global tax body) tax treaty clauses and they launched a consultation (1) to get expert opinions. At EU level, ActionAid Netherlands participated in the annual interaction of the EIB with civil society in Luxembourg. AA, Oxfam and ActAlliance EU coordinated a follow-up meeting between the Bank and NGOs active on land rights (June) to go into more depth in our demands. As a result, the EIB commissioned a consultancy firm to map existing standards and best practices on inclusion of land tenure rights in Development Finance Institutions (DFIs) work. The outcome of the work will be to recommend amendments in the EIB Standards. This will be done with a gender lens, as per the EIB new Gender Strategy (1). At EU level, ActionAid Netherlands held a public hearing in the European Parliament in late September, which influenced the draft report of the special committee on financial crimes, tax avoidance and tax evasion and includes references to ActionAid research on the imbalance of taxing rights between developing countries and EU countries in double taxation treaties. Our advocacy with MEPs around the draft report also saw various amendments tabled by the Socialists and the Greens expanding on the development dimension of the report and the role that the EU should play in this, including by calling for the EU and Member States to conduct spillover analyses of their tax policies, and to support progressive taxation in developing countries. We put progressive taxation (with a focus on development) on the agenda of the EU Platform for Tax Good Governance, which is the advisory body to the European Commission in relation to tax, as well as on the agenda of our European allies in Tax Justice Europe (1). ActionAid provided input to MPs on policy coherence and tax. 1 MP put the issue on the agenda during the debate on the annual international trade & development budget. As a result, minister Kaag (ministry of international trade & development) pledged to research how revenues developing countries lose due to tax avoidance facilitated by the Netherlands weigh up against aid they receive (1). Uganda (1): Following their Double Taxation Agreements (DTA) analysis in 2017, SEATINI and ActionAid Uganda were able to share a matrix of issues on the Uganda-Netherlands Double Taxation Treaty with Members of Parliament under the committee on Finance, Planning and Economic Development, Officials from the Tax Policy Department at Ministry of Finance, Planning and Economic Development and Uganda Revenue Authority. Out of the 10 issues pointed out in the matrix, 4 were accepted to be included in the government proposals [Ministry of Finance] for the renegotiation of the Uganda-Netherlands DTA (1). Zambia (4): ActionAid Zambia, together with other stakeholders, engaged with the Ministry of Finance in various platforms, resulting in the enactment of the Planning and Budgeting Bill. If this Bill becomes Law, it will increase transparency and accountability in public finance, and will give mandate to the government to consult communities in budget processes and engage CSOs on quarterly basis for feedback on budget performance. ActionAid Zambia also presented the budget expenditure tracking report for the first quarter budget performance of 2018 to the Parliamentary Budget Committee. As a result of these engagements, the government has assured the CSOs that it is committed to introduce the Planning and Budgeting Bill in Parliament for implementation in 2019 (1). ActionAid Zambia and its partners participated in Alternative Mining Indabas at the national and provincial level, together with the Zambia Revenue Authority, the Ministry of Finance, media and several CSOs. The Alternative Mining Indabas created spaces for alternative proposal engagement with the government. ActionAid Zambia and other CSOs put forward proposals for more transparent, effective and progressive taxation in Zambia, for example to mobilise resources to realise development aspirations and tackle poverty and inequality in the mining communities, and for the government to promote strategies that ensure the interests of the citizens are not compromised. Proposals also emphasized that the government must continue to review tax incentives and treaties. As a result of these engagements, the government discussed several of the proposals, and one proposal to increase the Mineral Royalty Tax was even accepted (1). ActionAid Zambia engaged with the government during the budget consultative meetings and presented a proposal to the Parliamentary Budget Committee to ensure that the government allocates 10 percent of its budget towards agriculture, in line with the Maputo and Malabo Declarations. Quarterly engagements with the Minister of Mines and the Alternative Mining Indabas provided spaces for advocacy around Mineral Revenue Sharing Mechanisms. ActionAid Zambia and other CSOs implored the government to enforce the Mineral Value Chain Monitoring Project of the Zambia Revenue Authority, to ensure that by-products are well accounted for. Also, there should be disclosures of mining contracts by government to the communities where mines are located, and communities should be included in budget tracking of local authorities. As a result of these engagements, the Government agreed to consider Mineral Revenue Sharing to be a law. Also, the Ministry of Mines agreed to consider making it mandatory to disclose all mining contracts between government and mining companies (2). Zimbabwe (6): Partner organisation ZELA held a National Caucus Meeting with the 1. Zimbabwe Miners Federation (ZMF), 2. A publicly owned printing and refining company, and 3. National Indigenisation, Economic and Empowerment Board (NIEEB). After the meeting, the ZMF together with ZELA decided to upscale their push for regularisation of Artisanal and Small-scale Mining (ASM), after realising that ASM was making more returns than the big corporates especially in the gold sector. Further, the company was tasked with pushing for policies that ensure proper gold taxes were in place as they had a cordial working relationship with the Minerals Marketing Corporation of Zimbabwe (3). Partner organisation ZELA representative, as the chair of the CSOs coalition, in his opening speech advocated that the Kimberly process (a multilateral trade regime established in 2003 with the goal of preventing the flow of conflict diamonds) should not be a secretive process but rather an open and transparent one. Adding on to that ZELA suggested that the Zimbabwean government should join the Extractives Industries Transparency Initiative (EITI) to advance transparency in the overall mineral resources sector. In his budgetary statement, the Minister of Finance suggested and quoted ZELA’s recommendation of joining the EITI so as to attract investments in the extractives sector and to adopt international best practices (1). Partner organisation ZELA challenged the office of the Auditor General (AG) on their report on a government-owned mining company, stating that the report lacked in transparency as it did not include proper financial audits and no ethical audits on the sourcing of the diamonds. As a result, the office of the AG invited ZELA to further discuss these recommendations (1). Following ZELA’s meeting with the Parliament and the Finance Ministry on the recommendations of the Auditor General, a government-owned mining company agreed to come to the negotiating table on how they could improve on transparency (1).
ActionAid will develop one proposal that aims to improve the taxation rights of developing countries and promote it with relevant governmental stakeholders. We will also advice governments in two countries through proposals on how to improve their financing policies to protect land and environmental rights. Furthermore, ActionAid and partners will develop two proposals for transparency in corporations’ revenue and government spending.
Netherlands (8): • Representatives of the Ministries of Finance and Foreign Affairs as well as politicians will discuss options for fairer tax treaties with at least three African countries as a result of ActionAid Netherlands' engagement with them (3). • Following discussions of ActionAid Netherlands with politicians and the Ministries of Finance and Foreign Affairs, at least one of these actors will further discuss the creation of a Global Tax Body (1). • Dutch Ministries and politicians will increasingly pay attention to the disproportionate impact of tax avoidance on women’s rights as a result of ActionAid’s awareness raising activities. At least one of these actors will discuss the topic further (1). • ActionAid Netherlands will co-develop and share suggestions on land rights, gender and human rights due diligence, as well as on access to justice/grievance mechanisms, for IFIs. For land we will build on the ActionAid FPIC briefing and VGGT scorecard work and where possible we will work with other CSOs (especially FGG members) to share proposals with Dutch parliament, government and agencies and institutions. As a result, we expect that at least one of these proposals will be discussed by at least one of the actors mentioned above (1). • ActionAid Netherlands will share 2 proposals on financial and economic policies and their gender and women’s rights impacts in the context of labour, decent work and public services (including unpaid carework) with the Dutch government and international financial institutions, as well as media and other movements. We expect that both proposals will be discussed by at least one of the actors mentioned above (2). Uganda (3): ActionAid Uganda, together with several other CSOs, will put forward proposals for alternative tax policies. These proposals will be discussed by at least two government bodies and academia (3). Zambia (3): • The Zambian government will pay increasing attention to the improvement of financial, tax and spending policies, as a result of the lobby and advocacy activities of ActionAid Zambia and partners, together with other CSOs and relevant stakeholders (1). • ActionAid Zambia and its partners will conduct public expenditure tracking to advocate for gender-responsive public service provision to mining companies in the project areas. As a result of this advocacy, at least one mining company will discuss this issue further (1). • The Zambian government will increasingly pay attention to fair and gender-just public expenditure as a result of the lobby and advocacy activities of ActionAid Zambia, its partners and several other organisations (1). Zimbabwe (3): • In 2019, ActionAid's partner organisation will organise the national Tax Justice Forum with the theme of progressive tax realisation and management in the mining sector. The partner will develop a concept note with their recommendations on this topic, which will be discussed during the Forum. Participants to the Forum will include state-owned mining enterprises and policy-makers from the Ministries of Rural Development, Finance and Mines. It is expected that at least the Ministries of Finance and Mines will further discuss the proposal (2). • The Government will discuss ActionAid's partner organisation's proposal for more effective use of the resources coming from the mining sector (1).
The Netherlands (41): During a roundtable, representatives of the Dutch Ministry of Finance and the Ministry of Foreign Affairs discussed ActionAid Netherlands’ (commissioned by Southern offices) report on the impact of tax treaties on developing countries, and recommendations focused on establishing a better distribution of taxation rights with developing countries (2). Two Members of Parliament (Green party and Socialist party) discussed ActionAid Netherlands’ proposals for mitigating the impact of tax treaties (focused on equitable taxation rights to developing countries and measures to limit the untaxed onflow of momey via the Netherlands) during a workshop at the Africa Day, organized by ActionAid (2). Three Members of Parliament (Green Party, Socialist Party and Labour party) discussed the proposals (to make the conditional withholding tax for financial transactions to tax havens stricter by imposing stricter criteria to determine which countries are a tax haven) of the Tax Justice Network, which ActionAid Netherlands is part of, to influence the 2020 fiscal plan as a result of lobby engagements (3). Newspaper Trouw published the opinion article of Building Change to influence the withholding tax for financial transactions with tax havens. The article pointed at the weak criteria for the determination of a tax haven. ActionAid Netherlands has contributed to the article by providing specific recommendations (1). The Dutch Labour Party put forward a motion initiated by ActionAid Netherlands in Parliament on the need to monitor the effectiveness of anti-abuse clauses in tax treaties. The introduction of such measures has been one of the most important steps of the Dutch government to make treaties with developing countries fairer. But the effectiveness which is strongly dependent on capacity dedicated to its implementation is highly uncertain. Unfortunately the motion was not adopted, but it gained support from three parties (3). The media (online opinion platform Joop!) published ActionAid Netherlands’ opinion article on the shortcomings of the government’s new measures to end tax avoidance. The measures will only affect a part of tax avoidance via the Netherlands. Many companies as a result will still be able to avoid tax in developing countries via the Netherlands (1). The Reformed party used the Building Change Alliance tax input which was written by ActionAid Netherlands for the International Trade and Development Commission annual budget discussion. The input focused on promoting measures that can improve the fiscal policy coherence with development (1). During a bilateral meeting, representatives from the Danish Permanent Representation to the EU discussed ActionAid NL and EU’s proposals for country-by-country reporting. Such transparency which is discussed in the EU can, if adopted, improve tax collection in developing countries tremendously (1). European commission reviewed ActionAid NL and EU’s written submission to the European Commission’s consultation to the evaluation of the EU Directive on Administrative Cooperation on tax (1). European Commission members actively acknowledged the message from ActionAid NL and EU’s press release calling for the need for Public Country by country reporting rather than the focus on tax transparency solely between governments as was included in the European Parliament’s report on Tax Evasion and Tax Avoidance (1). At the EU Platform for Tax Good Governance of the European Taxus Commission, ActionAid NL and EU’s proposals for the EU (about for example improvements in mandatory fiscal transparency and measures to avoid the ongoing tax competition between countries) were actively discussed by representatives of the EU member states (1). Members of the European Parliament discussed and supported ActionAid Brussels’ (financially supported by ActionAid Netherlands) amendments on tax and developing countries in their parliamentary report (1). The European Commission (DEVCO and TAXUD) discussed findings from the ActionAid recommendations on spillover analysis in a meeting with ActionAid (2). The Tax Justice pledge for candidates to the European Parliament on tax justice and transparency, coordinated by Tax Justice Europe and supported by ActionAid, was signed by a large number of candidates (1). During a high-level meeting on the future of EU tax policy, DG TAXUD discussed ActionAid’s proposals for improved tax policies (1). ActionAid’s position on tax transparency was highlighted by the media, in an interview on the Accountancy Europe website (1). ActionAid co-organized a debate at the European Development Days with a representative from ActionAid Bangladesh as a speaker. During the event, they discussed their proposals for progressive taxation with the EU Commission members (2). During bilateral meetings with new European Members of Parliament, ActionAid discussed the Tax Justice pledge (which ActionAid contributed to) and its proposals for tax justice and tax transparency (5). Members of the permanent representations of Finland, Denmark, Poland, Sweden, Croatia, Lithuania, Portugal and Germany discussed their country positions regarding Tax Transparency (Public Country by Country Reporting) and ActionAid’s proposals for increased transparency during bilateral meetings (8). Participants of the Addis Tax Initiative – Tax and Development Conference discussed ActionAid’s ‘EU support for Domestic Resource Mobilization’ briefing document (1). The United Nations viewed ActionAid’s joint written NGO submission on the UN Working Group on Business & Human Rights’ consultation as input for a report to the UN General Assembly on policy coherence (1). Experts discussed ActionAid’s position on progressive taxation as presented by ActionAid at the expert workshop on tax and development that was hosted by academic project Global Tax Governance (1). Uganda (5): Through the analysis of the Multilateral Instrument, ActionAid Uganda and partners set the agenda for discussion of the renegotiation between Uganda & Netherlands as the Uganda government commended the work of CSOs and committed through a meeting with the Tax Justice Alliance not to sign onto the MLI (1). Members of the Tax Justice Alliance, among others AAIU, spearheaded the development of a policy dialogue concerning the Uganda-Netherlands DTA and presented them to the Netherlands negotiating team as well as to the Ministry of Finance Planning and Economic Development (2). The Ugandan Parliamentary Standing Committee on Trade & Investment has discussed the annual inputs received from the Tax Justice Alliance (which the project helped to form and facilitate) to the Financial Tax proposals. AAIU is a member of the alliance (1). ActionAid Uganda and partners, after finding harmful clauses in their policy analyses, have pushed their national government to renegotiate the Double Taxation Agreement between Uganda and the Mauritius (1). Zambia (10): The Government of Zambia and the Parliamentary Committee on Planning and Budgeting are engaging stakeholders to come up with recommendations for optimal tax rates as proposed by CSOs, including ActionAid Zambia, through the Zambia Tax Platform. This process started after the CSOs had shown that the government loses huge sums through tax because of failing to optimize the tax rates (1). As a result of training by ActionAid Zambia in budget tracking and social audits, three communities have undertaken budget tracking in health, education, water and sanitation to evaluate the extent to which the local government is prudently utilizing public finances. Based on the tracking exercises, the communities developed community reports with concrete recommendations for improvements in these areas, that they discussed with local government representatives during interface meetings (1). ActionAid Zambia and its partner demonstrated to a local Council how revenue is lost through leakages in the tax system, and put forward proposed alternatives for revenue collection and spending options to strengthen local resource mobilization for gender-responsive public services. As a result, the Council did a mapping and sensitization exercise together with the Zambia Revenue Authority on established mechanisms of taxation and alternative ways of remitting, which is going to significantly increase income and public service delivery (1). During the three Zambia Alternative Mining Indaba meetings in Lusaka and the Copperbelt and North Western provinces, ActionAid Zambia discussed its proposals for reviewing the Mineral Royalty Tax and for a more transparent, effective and progressive taxation system with government representatives (1). During quarterly engagement meetings, ActionAid Zambia discussed its proposal to reinstate the Mineral Revenue Sharing Mechanism Clause, which was part of the previous Mines and Minerals Act of 2008, with the Minister of Mines. The mechanism is a means to ensure that local communities that host mining companies benefit from the mining activities (1). During quarterly engagement meetings and during the Zambia Alternative Mining Indaba, ActionAid Zambia and other civil society actors discussed their proposal to adopt the Extractive Industries Transparency Initiative as a law and to identify weaknesses in current legislation, with the Ministry of Mines. Through these measures, the government would be forced to improve the natural resource governance in the country (1). During quarterly engagement meetings and during the Zambia Alternative Mining Indaba, ActionAid Zambia and other civil society actors discussed their proposal to enforce the Mineral Value Chain Monitoring Project of the Zambia Revenue Authority, with the Ministry of Mines. Through this project, it will be possible to monitor the mining and mineral value chain from extraction to exportation, and to have a complete overview of revenues (1). During quarterly engagement meetings and during the Zambia Alternative Mining Indaba, ActionAid Zambia and other civil society actors discussed their proposal for disclosure of mining contracts by government to the communities in which extraction activities are taking place, with the Ministry of Mines (1). ActionAid Zambia has submitted proposals on taxation and Double Taxation Agreements (DTAs) to the Parliamentary Committee, to advocate for strengthened DTAs to prevent leakages in taxes. The Parliamentary Committee has taken these proposals along in their current consideration for reviewing some of the DTAs, including the one with the Netherlands (1). During quarterly engagement meetings and during the Zambia Alternative Mining Indaba, ActionAid Zambia and its three partner organisations discussed their proposal on the need for disclosure of beneficial ownership, with the Ministry of Mines. Not disclosing beneficial ownership can facilitate illicit financial flows (1). Zimbabwe (6): ActionAid Zimbabwe, together with two partners, organized a Youth-Led Tax Justice Symposium in Mutoko. During the symposium, ActionAid and its partners discussed their proposals for better capacity strengthening for youth on tax justice issues with local government representatives (1). The media picked up ActionAid Zimbabwe and partners’ proposals on better inclusion of youth in tax justice issues, after a national radio station broadcasted discussions from the Youth-Led Tax Justice Campaign, that was organized by ActionAid (1). During a high-level breakfast meeting that they organized, ActionAid Zimbabwe’s partner ZELA discussed its proposals for fairer taxation in the mining sector with officials from the Ministry of Mines and Mining Development, Parliament, civil society and media (4).
Kenya (1): ActionAid Kenya is a member of the ActionAid Tax Justice Working Group. In this forum, it will promote the concept of Gender Responsive Public Services, which will be discussed by its participants (1). Netherlands (9): The Dutch government (Ministry of Foreign Affairs, Ministry of Finance, political parties) will discuss ActionAid Netherlands’ proposals on closing tax loopholes and stopping tax avoidance issues in the mining sector in parliamentary meetings and events, based on ActionAid’s Mining Tax Gaps report (3). ActionAid Netherlands will set the agenda of Dutch policymakers on the need for feminist alternatives to tax rules through a report which outlines the role tax rules play in a feminist economy. These alternatives will be discussed by Ministry of Foreign Affairs, Ministry of Finance and political parties during parliamentary meetings and public events co-organised by ActionAid Netherlands and the Ministry. It is expected that at least three policy makers will discuss ActionAid’s proposals for feminist alternatives to tax rules (3). European policymakers will discuss ActionAid Netherlands’ proposals for more ambitious European environmental taxes in meetings and events. It is expected that at least one policy maker will discuss the proposals (1). European policymakers will discuss ActionAid proposals for more equity, transparency, fairness and efficiency in the EU Direct Resource Mobilisation Programme in meetings and events as a result of research and lobby activities of ActionAid It is expected that at least one policy maker will bring in or discuss the proposals (1). Through the Building Change CSO group, ActionAid Netherlands will continue to set the agenda of policymakers on issues related to tax. Specifically, ActionAid Netherlands will put forward proposals to decrease tax avoidance through the Netherlands, based on its company case report that will be published in 2020 (1). Roving Advisor (1): During a side event of the multi-stakeholder dialogue meeting on corporate investments and tax in Zambia, Zimbabwe and Uganda, organized by the Roving Advisor, actors from governments, corporates and CSOs will come together to discuss improvements of current tax systems for the benefit of local people. The recommendations coming from this meeting will be used by ActionAid to lobby to regional bodies such as Southern African Development Community, Common Market for Eastern and Southern Africa, African Union and the United Nations. It is expected that at least one of these bodies will discuss the proposal (1). Uganda (5): In 2016 , the Ministry of Finance Planning and Economic Development drafted a policy on renegotiation of Double Taxation Agreements. This was a big push from ActionAid Uganda and its partners. Although it was vetted and approved by cabinet, it has not yet been shared with CSOs. However CSOs continue to have a transparent and good working relationship with the Ministry, especially the department of trade and investments (0). ActionAid Uganda and its partners will study the tax system and the state finances and will reach out to the media on these issues. It is expected that the topic will be discussed in at least one medium/media channel. Because of this, it will be possible to engage the Ministry of Finance through lobby and advocacy work. This will lead to a better exchange of information with the Ministry and to an engagement in decision-making processes (1). The Tax Justice Alliance, of which AA Uganda is a member, will develop alternative policy proposals to the Tax Bills of 2020/2021, which will come out in March 2020, to make them more progressive and fair to citizens. This proposal will be discussed by the Ministry of Finance, members of Parliament, media and academia (4). Zambia (2): ActionAid Zambia and its partners will conduct public expenditure tracking to advocate for gender responsive public service provision to mining companies in the project areas. As a result of this advocacy, at least one mining company will discuss this issue further (1). ActionAid Zambia and its partners will set the agenda of the government and mining companies on the importance of reviewing existing tax laws, policies and exemptions reductions. For example, ActionAid Zambia will put forward proposals on revising the Double Taxation Agreement with the Netherlands, which will be discussed by the government (1). Zimbabwe (8): During the National Tax Justice Forum, organized by ActionAid Zimbabwe and partner ZELA, mining companies and policymakers from the Ministry of Finance, the Ministry of Rural Development and the Ministry of Mines will discuss ZELA’s recommendations for progressive tax realization and management in the mining sector (4). The government will discuss partner organisation ZELA’s arguments on adhering to the recommendations made by the Auditor General, and their proposals on more effective, transparent and accountable use of the resources coming from the mining sector (1). ActionAid Zimbabwe and partner organisation ZELA will facilitate a National Tax Justice Campaign, focusing on the extractives sector. The campaign will target policymakers to improve the collection of tax from mining companies and improve the spending policies for better service delivery. The Parliament of Zimbabwe, the Parliamentary Portfolio Committee on Public Finance and the Parliamentary Portfolio Committee on Mines will discuss the proposals put forward in the campaign (3).
Malawi (3)
(1) During a television show in Malawi, youth groups that were financially and strategically supported by ActionAid Malawi engaged with government officials on the negative effects of Double Taxation Agreements (DTAs) and their proposals for transparency. As a result, the government officials were open about the number of DTAs that are up for negotiation and the status, which is already a great step forward in terms in transparency.
(2) ActionAid Malawi discussed its tax policy analysis and recommendations for progressive taxation with the Ministry of Finance and the Parliamentary Committee on Budget and Finance during several engagement meetings. As a result, the Ministry of Finance, through Parliament, provided an update on measures it is undertaking to transform tax revenue generation.
Netherlands (9)
(1) The ‘Tax in times of Corona’ report, which outlines the negative impact of the Netherlands’ tax behavior and policy on Southern countries, which was produced by ActionAid Netherlands, (based on experiences with multiple southern ActionAid offices and with input from ActionAid Global Secretariat) was discussed with several political parties (GroenLinks (1), Socialistische Partij, Partij voor de Dieren) and resulted in questions raised by GroenLinks in Dutch Parliament.
(4) ActionAid Netherlands based on experience working with Southern partners contributed to the ‘Tax justice Position paper’ which dealt with issues such as: Tax treaties, and measures against tax havens, ActionAid Netherlands organized a meeting and discussed this paper one-on-one with the SP(1), D66(1), GL(1), PVdD(1). They all indicated to discuss this further in a General Meeting (Algemeen Overleg (AO)).
(2) The report on the improving Dutch capacity development initiatives on tax issues, produced by ActionAid Brussels, ActionAid Denmark and ActionAid Netherlands, was discussed in a meeting with the Dutch Ministry of Foreign Affairs (1) and several EU policymakers and the European Commission (1) and ActionAid Netherlands. This report recommends several alternative methods to improve the current methods in terms of inclusion, including women and civil society participation, and democracy in these initiatives.
(1) The European Commission INTPA(1) is supportive of ActionAid EU’s views and used their input, based on experiences from our Southern partners, into the Carbon Border Adjustment Mechanism (CBAM), which sought to integrate the needs and perspectives of the communities in the global south into the CBAM (as impacts on global south countries were lacking in the EU analysis). This input also resulted in the invitation to a round table meeting with the commissioner in 2021 to discuss the further development of the CBAM.
(1) ActionAid Netherlands provided the Who Cares for the Future report to several policymakers and Ministries and discussed it during a meeting at the Ministry of Foreign Affairs (1). The report provides a strong analysis of the weak state of care in Southern Countries and how tax avoidance is part of the underlying problems of the inadequate gender responsive public service provision and dept. We also sent a letter to the Minister of Finance on the need for dept payment pauses and dept cancellation for countries in the global south.
Uganda (4)
(1) In November 2020 the Tax Justice Alliance Uganda steering committee that ActionAid is part of, presented a tax justice proposal FY2020/2021 to the Ministry of Finance, Planning and Economic Development (1). The proposal had several recommendations pertaining to specific laws that should be amended to help collect revenue. For 2020, the Bills for amendment were;
• Income Tax Amendment Bill 2020/21
• Excise Duty (Amendment Bill) 2020/21
• The Value-Added Act (Amendment Bill) 2020/21
• The Tobacco Control (Amendment Bill) 2020/21
(2) The TJA (including AA) held a press conference calling upon the government ) that had delayed responding to the tax bill proposals tabled by the TJAU to allow the tax justice alliance to defend the tax proposals as laid out in a position paper, to make them more progressive and fair to citizens. The issues raised by the CSOs were subsequently discussed in the media (TV, radio Twitter and Facebook) (1). Subsequently, the Ministry of Finance (1) called a few CSOs from the tax justice alliance to make a presentation of the proposals for the FY2021/2022. The TJA shall follow in 2021 on the agreed actions.
(1) The Tax Justice Alliance published a paper about the negative impact of the Covid 19 pandemic on businesses and especially on Small & Medium Enterprises and on the economy in general The paper specifically advocated for rethinking domestic revenue mobilization during the pandemic with a view to providing incentives to SMEs. The president subsequently held a speech in line with the recommendations on SMEs from the TJA (1) and the Uganda Development Bank is currently working with SMEs to provide incentives for them to restart as well as revamp the economy.
Zambia (7)
(1) ActionAid Zambia conducted trainings on public expenditure tracking for women from mining communities, who then took part in budget planning meetings with local government officials of Mufulira to discuss the importance of transparency in public budgets. This has resulted into the local government of Mufulira to start announcing the allocation given by government under the Constituency development fund, including information on the projects that will be implemented in each ward.
(5) During a series of radio and television programmes that they organized, ActionAid Zambia together with mining communities discussed their proposals to improve the current tax regime with the Ministry of Mines, the Chamber of Mines, the Zambia Revenue Authority, the Ministry of Finance and the Secretariat of the Extractive Industries Transparency Initiative. The impact of the Covid-19 pandemic was an important topic, with all participants agreeing that the mining sector has an important role to play in revenue raising in times of crisis.
(1) During a multi-stakeholder meeting, ActionAid Zambia discussed its recommendations for strengthening compliance of the awarding of mining rights and monitoring mechanisms with the Parliamentary Committee on Mines. The representatives of the Committee were well prepared and had a number of questions for ActionAid that showed they had done their research on the topic.
Zimbabwe (5)
(1) During Community Tax Justice Forums, the Rural District Council of Mutoko engaged with communities trained by partner ZELA (with financial and strategic support from ActionAid Zimbabwe) on challenges that they face in terms of domestic resource mobilisations. They also discussed the proposals of youths involved in the Forums on the use of public funds. After the meeting with the youths, the Rural District Council approached ZELA to say that it agrees to share its budget performances for annual analysis, and that this will be shared using a public online platform created by ZELA.
(1) Two youth groups discussed their proposals for fair and adequate taxes for black granite mining companies with their local authorities during several meetings that the youth groups organized. ActionAid Zimbabwe and partner ZELA had strengthened the knowledge and skills of the youth groups on the topic of tax justice. The local authorities were interested in the proposals of the youth and agreed to meet them again to discuss this matter further.
(1) Four Community Forums on Tax Justice discussed their proposals for improved public finance management, improved tax collection policies and improved spending to achieve better and gender-sensitive service delivery with their Rural District Councils during budget consultations. ActionAid Zimbabwe and partner ZELA had strengthened the capacities of the Forums in workshops. The representatives of the Councils agreed on the importance of gender-responsive public services, and committed to keep the Community Forums informed on budget developments.
(1) Women from two wards in Mutoko discussed their proposals for gender-responsive budgeting with their local authorities during budget consultation meetings. ActionAid Zimbabwe’s partner ZELA had strengthened the capacities of the women during workshops on tax justice. During the meeting, the local authorities agreed to keep the women informed on budget developments, so that they can continue to hold the authorities accountable.
(1) With the leadership of the Mutoko North Development Committee together with paralegals, the Mutoko community discussed its proposal for community-owned black granite mining claims with the Mutoko Rural District Council. The Council approved their proposal and the community applied for the claim. They are now waiting for the decision. The community claim will be used to ensure benefits from the black granite mining are fed back into the community. ActionAid Zimbabwe’s partner ZELA strengthened the capacity of the Mutoko North Development Committee on lobby and advocacy, and on tax justice.
Outcome E: Policies Changed
These include improved financial regulation by governments and improved financial policies in corporations; improved tax regimes and corporate tax practices; and effective accountability, transparency, safeguards and gender aware policies in public financial institutions.
3.E.a
# measures taken by national, regional and international government bodies to ensure financial, tax and spending policies advance socially just and sustainable development in LLMICs.
All baselines are set at 0
AA NL (2): - The Anti Tax Avoidance Directive has been adopted by the EU Member States, a process that was chaired by the Dutch EU council presidency. Via face to face meetings and policy inputs in cooperation in the Tax Justice Network Netherlands, AA NL promoted measures that are effective for developing countries. The directive entails some improvements for tackling tax avoidance. However promising improvements for developing countries such as strong Controlled Foreign Companies rules (aimed against parking profits in tax havens) were not adopted(1). - AA NL has contributed to the Dutch parliament adopting a motion on the "most fair law" (eerlijkste wet), that encourages the government to policy coherence for Development framework (1). Zambia (2): In cooperation with other CSOs, AAZambia (AAZ) held a series of meetings with the ministry. AAZ made multiple proposals for progressive tax measures that government could adopt for the 2017 budget and the economic recovery Programme. -The first proposal was to enhance compliance in the administration of the Value Added Tax (VAT) by monitoring business transactions of VAT registered suppliers. As a result, government has made it mandatory for all VAT registered suppliers to use Electronic Fiscal Devices which will enable real time monitoring of business transactions. This will enhance transparency (1). -To address tax dodging AAZ made a second proposal to build linkages between taxation and banking. This would ease enforcement and compliance for both the revenue authority and taxpayers. As a result, the government has made it mandatory that all financial institutions require bank account holders to obtain a Taxpayer Identification Number and make revenue collection processes automated (1).
Uganda (2) In January 2017, ActionAid's partner and other CSOs under the Tax Justice Alliance developed alternative revenue proposals for FY 2017/18. A paper highlighting alternative revenue measures was developed. The proposals were aimed at contributing to increase and equitable domestic revenue mobilisation. One proposal was adopted by Parliament in the tax bills for 2017/18 namely: To impose excise duty on imported furniture other than local furniture and specialized hospital furniture was taken on and included in the Tax Bills for FY 2017/18. Due to advocacy and numerous engagements with the Ministry of Finance, Planning and Economic Development, a framework for renegotiation and negotiation of old and new treaties was developed and adopted by cabinet. The policy will be used to guide in negotiation processes to minimise revenue loss for the country in the event that DTAs are being negotiated. (1) Netherlands (2): In line with ActionAid's position and shared lobby with the tax justice network the Minister of Finance was forced by the means of two adopted motions in parliament to give up its resistance against the implementation date of the ATAD2 (Anti Tax Avoidance Directive 2) and agree on a swifter addressing of a huge tax loophole that the Netherlands facilitates (1). -The tax treaty between The Netherlands and Zambia signed end of 2017 contains a number of improvements including anti- misuse clauses on interest, royalty and dividends, hereby partially answering to the repeated call of AA (in parliament) to stop treaty abuse (1).
Zambia (3): ActionAid will lobby for improved budgetary allocations by government to social sectors. It is expected that for at least 2 social sector this will be taken up by government. ActionAid will propose towards government to improve transparency in the revenue collected from the mining industry. Netherlands (2): -EU Member states including the Netherlands are currently transpositioning the 5 legally binding anti abuse rules as adopted in the EU Anti- Tax Avoidance Directive. ActionAid has engaged in this process to achieve stronger Controlled Foreign Company (CFC) rules (in 2018) that help developing countries against multinationals shifting profit to tax havens. • As a result of our lobby efforts with the Dutch government we aim for land rights or related safeguards (eg FPIC, VGGT and/or UNGP) for public financing to be included in their new Aid and Trade policies and for them to engage relevant institutions in order to adopt these policies too.
NL (2): Partly as a result of lobby of ActionAid Netherlands and other NGOs, the government cancelled the abolishment of the dividend tax (1). After years of lobbying and campaigning, the Ministry of Finance’s new policy framework finally contained various proposals against tax avoidance (for instance with regards to taxes on profits), aimed to limit profit shifting via the Netherlands (1). Uganda (1): Coordinated by SEATINI and facilitated by ActionAid Uganda through advocacy and campaigns support, members of the Tax Justice Alliance held a campaign against the newly introduced 1% taxes on Mobile Money and Over the Top services, whereby a series of media engagements and meetings with policy makers were held. These were backed by the public outcry against the two taxes. As a result, the government took a step to adjust the taxes on mobile money to 0.5% and impose it only on withdrawals (1). Zambia (2): ActionAid Zambia is part of the Extractive Industries Transparency Initiative (EITI) multi-sectoral group, which consists of 6 government representatives, 6 company representatives and 6 CSO representatives. As part of the multi-sectoral group, ActionAid Zambia reviewed the EITI report and made recommendations. One of the recommendations that the CSOs were pushing for was to turn Mineral Beneficiation Ownership into a law. As a result of the recommendations made by the CSOs, the government made the Mineral Beneficiation Ownership into a law (1). ActionAid Zambia and its partners participated in budget consultative meetings and attended the quarterly meetings with the Ministry of Mines, where they proposed the Mineral Royalty Tax to increase to 10 percent. This proposal was also put forward during the Zambia Alternative Mining Indaba, where ActionAid Zambia also emphasized that the government needs to ensure that the collected Mineral Royalty tax benefits the local communities. As a result of the engagements, the Government decided to increase the Mineral Royalty Tax rate with 1.5 percentage points at all levels, and introduced 10 percent Mineral Royalty tax when copper prices are above US$ 7,500 per metric tonne, starting from 1 January 2019 (1).
ActionAid and its partners will influence government to strengthen anti-tax-avoidance mechanisms and making their own revenue and expenditures transparent to the public. We will also engage with government bodies to promote detailed Public Country by Country reporting that will make company specific data including fiscal data transparent to the general public and enable civil society (organizations) to analyze whether corporations pay a fair share of tax. Further we will advise government bodies in their renegotiations of double taxation treaties.
Netherlands (2): • EU Member states including the Netherlands are implementing the five legally binding anti-abuse rules from the 1st of January 2019 as adopted in the EU Anti-Tax Avoidance Directive. ActionAid has been engaging in this process since 2016 and will continue its efforts to ensure the Netherlands adopts as strong as possible measures (1). • At least one government will commit to gender-just tax and financial policies at the Commission on the Status of Women (CSW) or other international fora and adopt measures to this purpose as a result of ActionAid’s lobby and campaign (1). Uganda (2): • The Ugandan government will revise a bilateral tax agreement to avoid tax avoidance of multinational companies as a result of lobby and advocacy of CSOs, among which ActionAid Uganda (1). • The government and Parliament will change unfair tax policies as a result of lobby and advocacy of CSOs, among which ActionAid Uganda (1). Zambia (1): The Zambian government will review a bilateral tax agreement as a result of ActionAid Zambia’s engagement with government and corporates on changes in tax laws and policies, as well as exemptions reduction (1).
The Netherlands (1): After years of ActionAid Netherlands’ lobby, in collaboration with Tax Justice Netherlands and in line with AAI strategy on tax, the Dutch government adopted a law to end tax avoidance from the Netherlands to low tax jurisdictions (tax havens) by imposing tax on certain transactions (interest and royalty payments) to such tax havens (1). Uganda (1): As a result of lobby and advocacy work by AAU and partners, the Income Tax Bill for FY 2019/20 was amended by Parliament to provide a definition of Beneficial ownership. This move is aimed at limiting tax avoidance/ evasion which arises when 3rd parties benefit from Uganda’s tax treaties with other countries (1).
Netherlands (2): The Dutch government will adopt a policy framework for tax treaties (Fiscaal Verdrags Beleid) which is more development oriented. ActionAid Netherlands has very actively engaged with the Dutch government on the need for a more development-inclusive tax treaty policy through numerous reports, policy briefs and discussions with officials and parliamentarians and through media engagement (1). The Dutch government will adopt a tax law for outgoing interest and royalty payments. ActionAid Netherlands together with the Tax Justice network has actively pushed the Dutch government to stop facilitating double non-taxation. These taxes will deter part of such tax avoidance schemes facilitated by the Netherlands (1). Uganda (1): The ministry of finance planning and economic development will renegotiate at least one Double Taxation Agreement to avoid tax avoidance of multinational companies because of lobby and advocacy by ActionAid Uganda and other CSOs (1). Zambia (1): The Zambian government will introduce and implement a revenue sharing mechanism in the mining sector that allocates 10% of taxes paid by mining firms directly to mining host communities. This will partly be the result of ActionAid Zambia and partners’ lobby (1).
Netherlands (2)
(1) The Dutch government has adopted a new Tax Treaty policy (Notitie Fiscaal Verdragsbeleid 2020) that contains UN model treaty clauses which are improvements for countries in the global South, a process ActionAid has influenced (based on experience with southern ActionAid offices on joint tax treaty analysis) and the government has also presented extra guidance to questions in Parliament that ActionAid helped initiating.
(1) The new conditional withholding tax to deter profit shifting from and via the Netherlands to tax havens is now in effect, deterring profit shifting to a number or preselected tax havens. This is a result of various lobby efforts done by ActionAid Netherlands, based on input from our Southern partners.
Zambia (1)
(1) The Government of Zambia decided to relook at its tax treaty with Mauritius, the latest African nation to cancel an agreement with one of the world’s leading offshore havens. President Edgar Chagwa Lungu’s cabinet in May terminated the 2012 treaty and will soon start to negotiate a new deal. The cabinet highlighted the southern African country’s inability under the current treaty to tax payments from certain operations that happen in Zambia but that are paid to companies in Mauritius. This followed engagement by ActionAid Zambia and other CSOs on the need for government to revisit tax treaties to ensure they are mutually beneficial and are adapted to the changing context.
3.E.b
# policies improved or introduced by public financial institutions and private actors on accountability, transparency and safeguards, and investment policies adopted that advance socially just and sustainable development in LLMICs.
All baselines are set at 0
Netherlands (1): AANL participated in FMO stakeholder consultations on their new sustainability policy. Because of the input by AANL and other CSOs, FMO’s new land governance position statement explicitly refers to the obligation of FMO’s clients to undertake FPIC. The position statement also mentions that FMO uses the VGGT as guidance on land-related issues. (1)
Netherlands (1): As a result of our lobby (see above) towards the Dutch government, parliament and FMO we expect one public financial institution or investment agency (eg RVO) to adopt further measures to protect land and human rights in line with VGGT’s and FPIC for All.
NL (0): ActionAid Netherlands lobbied towards the Dutch government, parliament and FMO to adopt further measures to protect land and human rights in line with VGGTs and FPIC for All. Unfortunately this did not result in any policies improved or introduced in 2018 (0).
Netherlands (0): ActionAid Netherlands will lobby the Dutch government for more explicit land and women’s rights criteria or related safeguards (e.g. FPIC, VGGT, OECD and/or UNGP) for public financing (incl. institutions such as FMO and RVO and the new Invest NL) and for them to engage relevant institutions in order to adopt these policies too. Since earlier attempts for including VGGT in DGGF were reversed, it is not sure this will lead to actual measures (yet).
Netherlands (1)
(1) ActionAid organised talks with various organisations on their Tax standards and how to improve them including the International Ethics Standards Board for Accountants (IESBA), ABP, and PWC. As a result, pension fund ABP improved their policy.
3.E.a
# measures taken by national, regional and international government bodies to ensure financial, tax and spending policies advance socially just and sustainable development in LLMICs.
All baselines are set at 0
AA NL (2): - The Anti Tax Avoidance Directive has been adopted by the EU Member States, a process that was chaired by the Dutch EU council presidency. Via face to face meetings and policy inputs in cooperation in the Tax Justice Network Netherlands, AA NL promoted measures that are effective for developing countries. The directive entails some improvements for tackling tax avoidance. However promising improvements for developing countries such as strong Controlled Foreign Companies rules (aimed against parking profits in tax havens) were not adopted(1). - AA NL has contributed to the Dutch parliament adopting a motion on the "most fair law" (eerlijkste wet), that encourages the government to policy coherence for Development framework (1). Zambia (2): In cooperation with other CSOs, AAZambia (AAZ) held a series of meetings with the ministry. AAZ made multiple proposals for progressive tax measures that government could adopt for the 2017 budget and the economic recovery Programme. -The first proposal was to enhance compliance in the administration of the Value Added Tax (VAT) by monitoring business transactions of VAT registered suppliers. As a result, government has made it mandatory for all VAT registered suppliers to use Electronic Fiscal Devices which will enable real time monitoring of business transactions. This will enhance transparency (1). -To address tax dodging AAZ made a second proposal to build linkages between taxation and banking. This would ease enforcement and compliance for both the revenue authority and taxpayers. As a result, the government has made it mandatory that all financial institutions require bank account holders to obtain a Taxpayer Identification Number and make revenue collection processes automated (1).
Uganda (2) In January 2017, ActionAid's partner and other CSOs under the Tax Justice Alliance developed alternative revenue proposals for FY 2017/18. A paper highlighting alternative revenue measures was developed. The proposals were aimed at contributing to increase and equitable domestic revenue mobilisation. One proposal was adopted by Parliament in the tax bills for 2017/18 namely: To impose excise duty on imported furniture other than local furniture and specialized hospital furniture was taken on and included in the Tax Bills for FY 2017/18. Due to advocacy and numerous engagements with the Ministry of Finance, Planning and Economic Development, a framework for renegotiation and negotiation of old and new treaties was developed and adopted by cabinet. The policy will be used to guide in negotiation processes to minimise revenue loss for the country in the event that DTAs are being negotiated. (1) Netherlands (2): In line with ActionAid's position and shared lobby with the tax justice network the Minister of Finance was forced by the means of two adopted motions in parliament to give up its resistance against the implementation date of the ATAD2 (Anti Tax Avoidance Directive 2) and agree on a swifter addressing of a huge tax loophole that the Netherlands facilitates (1). -The tax treaty between The Netherlands and Zambia signed end of 2017 contains a number of improvements including anti- misuse clauses on interest, royalty and dividends, hereby partially answering to the repeated call of AA (in parliament) to stop treaty abuse (1).
Zambia (3): ActionAid will lobby for improved budgetary allocations by government to social sectors. It is expected that for at least 2 social sector this will be taken up by government. ActionAid will propose towards government to improve transparency in the revenue collected from the mining industry. Netherlands (2): -EU Member states including the Netherlands are currently transpositioning the 5 legally binding anti abuse rules as adopted in the EU Anti- Tax Avoidance Directive. ActionAid has engaged in this process to achieve stronger Controlled Foreign Company (CFC) rules (in 2018) that help developing countries against multinationals shifting profit to tax havens. • As a result of our lobby efforts with the Dutch government we aim for land rights or related safeguards (eg FPIC, VGGT and/or UNGP) for public financing to be included in their new Aid and Trade policies and for them to engage relevant institutions in order to adopt these policies too.
NL (2): Partly as a result of lobby of ActionAid Netherlands and other NGOs, the government cancelled the abolishment of the dividend tax (1). After years of lobbying and campaigning, the Ministry of Finance’s new policy framework finally contained various proposals against tax avoidance (for instance with regards to taxes on profits), aimed to limit profit shifting via the Netherlands (1). Uganda (1): Coordinated by SEATINI and facilitated by ActionAid Uganda through advocacy and campaigns support, members of the Tax Justice Alliance held a campaign against the newly introduced 1% taxes on Mobile Money and Over the Top services, whereby a series of media engagements and meetings with policy makers were held. These were backed by the public outcry against the two taxes. As a result, the government took a step to adjust the taxes on mobile money to 0.5% and impose it only on withdrawals (1). Zambia (2): ActionAid Zambia is part of the Extractive Industries Transparency Initiative (EITI) multi-sectoral group, which consists of 6 government representatives, 6 company representatives and 6 CSO representatives. As part of the multi-sectoral group, ActionAid Zambia reviewed the EITI report and made recommendations. One of the recommendations that the CSOs were pushing for was to turn Mineral Beneficiation Ownership into a law. As a result of the recommendations made by the CSOs, the government made the Mineral Beneficiation Ownership into a law (1). ActionAid Zambia and its partners participated in budget consultative meetings and attended the quarterly meetings with the Ministry of Mines, where they proposed the Mineral Royalty Tax to increase to 10 percent. This proposal was also put forward during the Zambia Alternative Mining Indaba, where ActionAid Zambia also emphasized that the government needs to ensure that the collected Mineral Royalty tax benefits the local communities. As a result of the engagements, the Government decided to increase the Mineral Royalty Tax rate with 1.5 percentage points at all levels, and introduced 10 percent Mineral Royalty tax when copper prices are above US$ 7,500 per metric tonne, starting from 1 January 2019 (1).
ActionAid and its partners will influence government to strengthen anti-tax-avoidance mechanisms and making their own revenue and expenditures transparent to the public. We will also engage with government bodies to promote detailed Public Country by Country reporting that will make company specific data including fiscal data transparent to the general public and enable civil society (organizations) to analyze whether corporations pay a fair share of tax. Further we will advise government bodies in their renegotiations of double taxation treaties.
Netherlands (2): • EU Member states including the Netherlands are implementing the five legally binding anti-abuse rules from the 1st of January 2019 as adopted in the EU Anti-Tax Avoidance Directive. ActionAid has been engaging in this process since 2016 and will continue its efforts to ensure the Netherlands adopts as strong as possible measures (1). • At least one government will commit to gender-just tax and financial policies at the Commission on the Status of Women (CSW) or other international fora and adopt measures to this purpose as a result of ActionAid’s lobby and campaign (1). Uganda (2): • The Ugandan government will revise a bilateral tax agreement to avoid tax avoidance of multinational companies as a result of lobby and advocacy of CSOs, among which ActionAid Uganda (1). • The government and Parliament will change unfair tax policies as a result of lobby and advocacy of CSOs, among which ActionAid Uganda (1). Zambia (1): The Zambian government will review a bilateral tax agreement as a result of ActionAid Zambia’s engagement with government and corporates on changes in tax laws and policies, as well as exemptions reduction (1).
The Netherlands (1): After years of ActionAid Netherlands’ lobby, in collaboration with Tax Justice Netherlands and in line with AAI strategy on tax, the Dutch government adopted a law to end tax avoidance from the Netherlands to low tax jurisdictions (tax havens) by imposing tax on certain transactions (interest and royalty payments) to such tax havens (1). Uganda (1): As a result of lobby and advocacy work by AAU and partners, the Income Tax Bill for FY 2019/20 was amended by Parliament to provide a definition of Beneficial ownership. This move is aimed at limiting tax avoidance/ evasion which arises when 3rd parties benefit from Uganda’s tax treaties with other countries (1).
Netherlands (2): The Dutch government will adopt a policy framework for tax treaties (Fiscaal Verdrags Beleid) which is more development oriented. ActionAid Netherlands has very actively engaged with the Dutch government on the need for a more development-inclusive tax treaty policy through numerous reports, policy briefs and discussions with officials and parliamentarians and through media engagement (1). The Dutch government will adopt a tax law for outgoing interest and royalty payments. ActionAid Netherlands together with the Tax Justice network has actively pushed the Dutch government to stop facilitating double non-taxation. These taxes will deter part of such tax avoidance schemes facilitated by the Netherlands (1). Uganda (1): The ministry of finance planning and economic development will renegotiate at least one Double Taxation Agreement to avoid tax avoidance of multinational companies because of lobby and advocacy by ActionAid Uganda and other CSOs (1). Zambia (1): The Zambian government will introduce and implement a revenue sharing mechanism in the mining sector that allocates 10% of taxes paid by mining firms directly to mining host communities. This will partly be the result of ActionAid Zambia and partners’ lobby (1).
Netherlands (2)
(1) The Dutch government has adopted a new Tax Treaty policy (Notitie Fiscaal Verdragsbeleid 2020) that contains UN model treaty clauses which are improvements for countries in the global South, a process ActionAid has influenced (based on experience with southern ActionAid offices on joint tax treaty analysis) and the government has also presented extra guidance to questions in Parliament that ActionAid helped initiating.
(1) The new conditional withholding tax to deter profit shifting from and via the Netherlands to tax havens is now in effect, deterring profit shifting to a number or preselected tax havens. This is a result of various lobby efforts done by ActionAid Netherlands, based on input from our Southern partners.
Zambia (1)
(1) The Government of Zambia decided to relook at its tax treaty with Mauritius, the latest African nation to cancel an agreement with one of the world’s leading offshore havens. President Edgar Chagwa Lungu’s cabinet in May terminated the 2012 treaty and will soon start to negotiate a new deal. The cabinet highlighted the southern African country’s inability under the current treaty to tax payments from certain operations that happen in Zambia but that are paid to companies in Mauritius. This followed engagement by ActionAid Zambia and other CSOs on the need for government to revisit tax treaties to ensure they are mutually beneficial and are adapted to the changing context.
3.E.b
# policies improved or introduced by public financial institutions and private actors on accountability, transparency and safeguards, and investment policies adopted that advance socially just and sustainable development in LLMICs.
All baselines are set at 0
Netherlands (1): AANL participated in FMO stakeholder consultations on their new sustainability policy. Because of the input by AANL and other CSOs, FMO’s new land governance position statement explicitly refers to the obligation of FMO’s clients to undertake FPIC. The position statement also mentions that FMO uses the VGGT as guidance on land-related issues. (1)
Netherlands (1): As a result of our lobby (see above) towards the Dutch government, parliament and FMO we expect one public financial institution or investment agency (eg RVO) to adopt further measures to protect land and human rights in line with VGGT’s and FPIC for All.
NL (0): ActionAid Netherlands lobbied towards the Dutch government, parliament and FMO to adopt further measures to protect land and human rights in line with VGGTs and FPIC for All. Unfortunately this did not result in any policies improved or introduced in 2018 (0).
Netherlands (0): ActionAid Netherlands will lobby the Dutch government for more explicit land and women’s rights criteria or related safeguards (e.g. FPIC, VGGT, OECD and/or UNGP) for public financing (incl. institutions such as FMO and RVO and the new Invest NL) and for them to engage relevant institutions in order to adopt these policies too. Since earlier attempts for including VGGT in DGGF were reversed, it is not sure this will lead to actual measures (yet).
Netherlands (1)
(1) ActionAid organised talks with various organisations on their Tax standards and how to improve them including the International Ethics Standards Board for Accountants (IESBA), ABP, and PWC. As a result, pension fund ABP improved their policy.
Outcome A: Enabling Environment
Both the rights and the legal and political spaces needed to claim and defend those rights are protected for women and men, communities and civil society actors in LLMICs, enabling them to address misconduct and grievances successfully, and promote improved financial and tax policies.
3.A.a
# mechanisms put in place or improved by governments and/or financial institutions and developments banks that guarantee access for civil society to (democratic) decision-making processes related to finance, tax and spending, including the right to resist developments.
All baselines are set at 0
Uganda (1): AAU as member of the Tax Justice Alliance received an invitation for engagement with government ministries, departments and agencies to engage in the re-negotiations of the existing double taxation agreement. To date this has resulted in a more structural engagement mechanism which enhances the engagement between related CSOs and policy makers. Zambia (1): The Constituency Development Fund (CDF) is a fund from government to support development projects at community level through ward development committees. ActionAid is strengthening the capacity of the local level development committees on budgeting and budget tracking, and the issue of project prioritization which improves the Fund's access for civil society to influence the Fund. Also because of the capacity building in advocacy, lobbying, social accountability, etc. communities and the local CSOs have strengthened their influence in the utilization of the Fund.
Zimbabwe (5): ActionAid's partner conducted a prep schools for CBOs and communities in four Rural Districts to ensure that they could effectively participate and contribute to the platforms introduced by government Rural District Councils. The CBOs as a result advocated towards the councils to organise budget consultation meetings. This resulted in four Rural District Councils carrying out local budget consultations in 2017 for the 2018 budget. These consultation meetings will now be held annually. The women and men in all 4 regions had an opportunity to input into decision-making on the utilisation of public funds for improved service delivery. ActionAid's partner initiated a quarterly community interface meeting between communities, the Rural District Council (RDC) and Business actors such as mining companies. This was adopted by the Rural District Council. During the interface meetings the RDC presented the 2017 Budget Expenditures. This enabled communities to identify and communicate in these meetings which mining companies had outstanding mining tax payments to the RDC, such as the granite mining companies. This resulted in the granite mining companies entered into payment plans with the local authority which saw most of them paying up their debts to the Council. As a result, the local authority was able to improve social service delivery in the District for its residents.(1) Zambia (3): As a result of advocacy of ActionAid and its partner, the local council in one of the mining areas has established a committee, including the partner organisation and the church to develop mechanisms that will enhance public monitoring of the council revenue to ensure it is utilised to address the local needs. ActionAid's partner has been accommodated as one of the key players in providing information on progressive taxation. ActionAid lobbied for an improvement at government level for engagement between CSOs and government on tax. As a result the Zambia Tax Platform (of which ActionAid is a member) became a member of the advisory body to the Ministry of Finance on issues of taxation. The platform is an initiative claimed by the CSOs to provide oversight to the revenue collection process and ensure progressive allocation. ActionAid is a member of the CSO Zambia Tax Platform which engages with IMF and the World Bank to make consolations on development priority areas for investment in Zambia. The platform for CSOs has also been engaging IMF in the process of designing a support package for Zambia amidst a heavy debt situation. Previously IMF and the World Bank organised consultation meetings for both the Zambian government and CSO’s in the same meetings. After worries shared by the CSO’s that these joint meetings did not provide space for CSOs to talk freely with the presence of the government, IMF and the World Bank started organising the consultation meetings separately. Uganda (1): Following numerous lobby engagements between AAU and partners and the Ugandan Ministry of Finance, Planning & Development, the Ministry has developed a framework for negotiation and renegotiation of Double Taxation Agreements (DTAs), for which AAU along with other CSOs had provided recommendations and discussions regarding actual renegotiation of treaties are underway. The analysis of the DTAs is complete and engagements with the Netherlands embassy were made in December as a way of influencing positive discussions regarding the Uganda-Netherlands treaty. Netherlands (1): FMO has included FPIC as a requirement for clients as part of their land governance position paper and emphasis community consultation. Whilst this was already part of the IFC PS they use, it is still an important signal to investors and communities on the importance of the right to say no. This is partly a result of long term inputs from ActionAid and other FGG members such as Both Ends and Somo.(1)
Zambia (1): ActionAid will promote the enactment of the planning and budgeting law that will enable stakeholders including CSOs to participate in the planning and budgeting processes. Zimbabwe (5): ActionAid and its partner organisation will work together with Rural District Councils to organize tax justice trainings for women and youth. In the trainings, communities and local authorities will build their knowledge on tax issues related to mining. This will allow community groups to participate meaningfully in the platforms and promote domestic resource mobilization. (1: councils improved the access for civil society to the platform by providing the trainings and thereby essential knowledge needed to participate) ActionAid, its partner organisation and the Rural District Councils will set up Community Forums on Tax Justice and Service Delivery. These forums will guarantee access for communities and community groups to participate in decision making processes related to tax collection and management in the areas for improved service delivery. (4: each district will set up a community forum). Netherlands (1): We will support other CSO lobby efforts as well as directly engage with financial institutions and the Dutch government to ensure improvement of mechanisms that guarantee access for civil society around IFI or otherwise publically funded investments. (1)
Zimbabwe (1): ZELA conducted Community Forums on Tax Justice and Service and trainings for the Women’s Forum on Tax Justice campaign and gender sensitive service delivery in four areas. After successfully training the CBOs, their representatives attended the Rural District Councils budget meetings and meaningfully participated after being capacitated by ZELA. This engagement was possible because the government in a welcome move opened up the budget consultations in the respective provinces before the budgetary statements. Engaging in the discussions on Tax Justice, Finances and tracking of budgets was a welcomed development by the CBOs who felt it increased their effectiveness in the decision making meetings where they were getting invited to participate (1).
ActionAid and its partners will influence governments in two countries to formalize the role of CSOs and communities in 4 events to discuss a proposed policy and legislation on Double taxation treaties; a mineral value chain project aimed at enhancing transparency and accountability in taxation; and the national budgeting with input on the taxation system.
Uganda (1): The Ministry of Finance will institutionalize the collaboration with CSOs, as a result of lobby and advocacy of ActionAid Uganda and its partners. Through this formal collaboration, CSOs will be better able to exchange information with the Ministry and to engage in decision-making processes (1). Zambia (2): • ActionAid Zambia and its partners will lobby to be included in decision making regarding the use of a large IFI fund for community-development. As a result, an inclusive decision mechanism will be put in place (1). • ActionAid Zambia and its partners will lobby to be included in discussions on the introduction and implementation of a revenue sharing mechanism in the mining sector that allocates 10% of taxes paid by mining firms directly to mining host communities. It is expected that the government will put this mechanism in place and will include affected communities in decision making structures in 2019, partly as the result of ActionAid Zambia’s lobby activities (1). Zimbabwe (4): ActionAid's partner organisation and several Rural District Councils will continue working with and strengthening the Community Forums on Tax Justice and Service Delivery that were set up in 2018. These Forums will continue to guarantee access for communities and community groups to participate in decision-making processes related to tax collection and management in the areas of improved service delivery. Each district will set up a distinct and tailor-made Community Forum (4).
Uganda (2): The Ministry of Finance Planning and Economic Development has formed a new committee on domestic revenue mobilization. ActionAid Uganda and its partner SEATINI have been invited to participate in the work of this committee, representing the Tax Justice Alliance (1). The Tax Justice Alliance has received a new invitation from the Ministry of Finance Planning & Economic Development to provide research and documentation on topical issues to inform the Ministry’s intervention in areas such as the impact of Double Taxation avoidance Treaties on our domestic revenue generation and the implication of signing the Multi-Lateral Instruments (1). Zambia (3): ActionAid Zambia and its partner engaged the local government to ensure that communities are involved in the decision-making around the use of the 13 million USD World Bank fund meant to improve basic services for the Mufulira community. As a result, the local government has made information about this project available to the communities, and they are involved in decision-making around income-generating projects that are being set up in the area (1). Partly as the result of ActionAid Zambia’s lobby activities, two local Councils have set up committees consisting of CSOs, community members affected by mining, representatives of the local Council and the Zambia Environmental Management Agency to act as an oversight body in the use of the Environmental Rehabilitation Fund, which mines contribute to (1). In one of the project regions, ActionAid Zambia and its partner engaged the local Council to develop mechanisms for publishing what the mine pays to the Council and to enable the community to participate in tracking the utilization of these funds and in the planning for expenditures from these funds. As a result, the local Council now uses these mechanisms for publishing the information, which enables communities to be involved in decision-making around the utilization (1).
Zimbabwe (1): Four Rural Districts Councils, together with ActionAid’s partner ZELA, will scale up the Community Forums on Tax Justice and Delivery that were set up in 2018, and they will strengthen the capacities of Forum members through training on for example budget tracking. Through these Forums, communities and community groups gain access to decision-making processes related to tax collection and management, as they are now able to discuss these topics with local government officials on a regular basis (1).
Uganda (1)
(1) On 20th February 2020, the Ministry of Finance, Planning and Economic Development (MoFPED) officially launched the Domestic Revenue Mobilisation Strategy FY 2019/20-2023/24. This happened after sustained advocacy and lobby efforts to raise key tax justice related issues by the Tax Justice Alliance Uganda (TJAU) of which AAU is an active member. Part of this new strategy is that it gives a platform to the TJA to develop and present tax proposals to the ministry henceforth. TJAU is now also officially recognized by MoFPED (as an advisory platform). To illustrate this changed reality: In November 2020 the Ministry of Finance, Planning and Economic Development summoned the Tax Justice Alliance Uganda steering committee where ActionAid is part of to present their tax justice proposal FY2020/2021 that had several recommendations to amend laws to make taxation fairer and more progressive, and to support the collection of revenue. These included the Income Tax Amendment Bill 2020/2021, the Value Added Act (Amendment Bill) 2020/2021, and the Tobacco Control Act (Amendment Bill) 2020/21.
Zimbabwe (1)
(1) The Rural District Councils of Mutoko and Mutare, together with partner ZELA (with financial and strategic support from ActionAid Zimbabwe), scaled up the Community Forums on Tax Justice and Delivery that were set up in 2018. Capacity strengthening workshops were organized with the Forums to strengthen their knowledge and skills on revenue mobilization and budget tracking. As a result of their knowledge and advocacy efforts, government councils initiated a structural civil society consultation which provides communities and community groups with access to decision-making and budget consultations.
3.A.b
# effective legal and other grievance mechanisms adopted or improved by corporations and/or financial institutions and development banks via which CSOs and communities can resolve grievances with governments, financial institutions and companies, and claim their environmental, human and worker rights.
All baselines are set at 0
Zambia (1): ActionAid and its partner organisation had been advocating for the establishment of a platform where the local government, the mining company and ActionAid's partner could be holding interface meetings to discuss and share information on tax. As a result the mining company have set up this platform in 2017 in which information on tax and CSR is being shared and discussed. * Explanation of targets not met: the under-achievement was recorded on this outcome because whilst ActionAid together with the implementing partners did some work around facilitating and advocating for effective legal and other grievance mechanisms, there was a lot of resistance by the mining companies to formalise mechanisms. A number of feedback meetings were initiated with mining companies but these could not be reported as legal mechanisms. On CSR, currently this is not obliged by law and so mining companies still hold on to exclusive power to implement CSR practices. We have started with ZEMA as the key link in this area. So far we have managed to hold meetings with ZEMA, the communities and mining companies and the tripartite approach seems to be working well in terms of strengthening grievance mechanisms. Zimbabwe: * Explanation of targets not met: Zimbabwe Ministry of Mines and the Zimbabwe Revenue Authority are not willing at this moment to adopt provisions of the Extractive Industries Transparency Initiative. ActionAid will advocate for use of Extractive Industries Transparency Initiative guiding standards through the auditor general’s office. Shadow reports such as the PWYP report will be used to promote accountability and pressure for action to be taken. Currently the auditor general report is only read to parliament and the government is not obligated to take action.
As a result of the implementation of EITI, that was adopted in one country’s national policies influenced by ActionAid, at least one corporation will adopt legal and grievances mechanisms its corporate policies. Furthermore, through the pressure of ActionAid, mining corporations in one country will adopt/improve 3 mechanisms such as implementing CSR policies and setting-up multi stakeholder feedback meetings.
Netherlands (0): ActionAid Netherlands will call on FMO and potentially other IFIs to protect communities from being worse off after investments, including after the financier pulls out (disengages), and to ensure grievance mechanisms are accessible for a longer period of time. We will also lobby the Dutch government for upholding this in any (semi-)public financing, partly based on the experience of the case of Addax in Sierra Leone. We do not expect results yet in 2019. Zambia (1): Three mining companies will establish grievance handling structures through the engagements of ActionAid Zambia and its partners. ActionAid Zambia and partners will hold dialogue engagements at national and local level for disclosure to the public of all Development Agreements (DAs), emphasize any clauses of the DAs that are still applicable (working with government and mining companies) and lobby for review of clauses that are no longer applicable to the current development context. This will iron out grievance issues pertaining to mistrust and transparency and will lead to communities claiming their environmental and human rights through the established structures (1).
Zambia (3): After meetings and discussions with ActionAid Zambia and its three partner organisations during Alternative Mining Indabas and interface meetings, three mining companies improved their grievance handling mechanisms by including community representatives with a focus on women and youth (3).
Uganda (0): No national-level grievance mechanism related to corporate activity is expected to be introduced although the relationship between CSOs (Tax Justice Alliance and Ministry of Finance, Planning and Economic Development, Uganda Revenue Authority) is cordial and they listen to each other. This may not result in an actual grievance mechanism being put in place (0).
3.A.a
# mechanisms put in place or improved by governments and/or financial institutions and developments banks that guarantee access for civil society to (democratic) decision-making processes related to finance, tax and spending, including the right to resist developments.
All baselines are set at 0
Uganda (1): AAU as member of the Tax Justice Alliance received an invitation for engagement with government ministries, departments and agencies to engage in the re-negotiations of the existing double taxation agreement. To date this has resulted in a more structural engagement mechanism which enhances the engagement between related CSOs and policy makers. Zambia (1): The Constituency Development Fund (CDF) is a fund from government to support development projects at community level through ward development committees. ActionAid is strengthening the capacity of the local level development committees on budgeting and budget tracking, and the issue of project prioritization which improves the Fund's access for civil society to influence the Fund. Also because of the capacity building in advocacy, lobbying, social accountability, etc. communities and the local CSOs have strengthened their influence in the utilization of the Fund.
Zimbabwe (5): ActionAid's partner conducted a prep schools for CBOs and communities in four Rural Districts to ensure that they could effectively participate and contribute to the platforms introduced by government Rural District Councils. The CBOs as a result advocated towards the councils to organise budget consultation meetings. This resulted in four Rural District Councils carrying out local budget consultations in 2017 for the 2018 budget. These consultation meetings will now be held annually. The women and men in all 4 regions had an opportunity to input into decision-making on the utilisation of public funds for improved service delivery. ActionAid's partner initiated a quarterly community interface meeting between communities, the Rural District Council (RDC) and Business actors such as mining companies. This was adopted by the Rural District Council. During the interface meetings the RDC presented the 2017 Budget Expenditures. This enabled communities to identify and communicate in these meetings which mining companies had outstanding mining tax payments to the RDC, such as the granite mining companies. This resulted in the granite mining companies entered into payment plans with the local authority which saw most of them paying up their debts to the Council. As a result, the local authority was able to improve social service delivery in the District for its residents.(1) Zambia (3): As a result of advocacy of ActionAid and its partner, the local council in one of the mining areas has established a committee, including the partner organisation and the church to develop mechanisms that will enhance public monitoring of the council revenue to ensure it is utilised to address the local needs. ActionAid's partner has been accommodated as one of the key players in providing information on progressive taxation. ActionAid lobbied for an improvement at government level for engagement between CSOs and government on tax. As a result the Zambia Tax Platform (of which ActionAid is a member) became a member of the advisory body to the Ministry of Finance on issues of taxation. The platform is an initiative claimed by the CSOs to provide oversight to the revenue collection process and ensure progressive allocation. ActionAid is a member of the CSO Zambia Tax Platform which engages with IMF and the World Bank to make consolations on development priority areas for investment in Zambia. The platform for CSOs has also been engaging IMF in the process of designing a support package for Zambia amidst a heavy debt situation. Previously IMF and the World Bank organised consultation meetings for both the Zambian government and CSO’s in the same meetings. After worries shared by the CSO’s that these joint meetings did not provide space for CSOs to talk freely with the presence of the government, IMF and the World Bank started organising the consultation meetings separately. Uganda (1): Following numerous lobby engagements between AAU and partners and the Ugandan Ministry of Finance, Planning & Development, the Ministry has developed a framework for negotiation and renegotiation of Double Taxation Agreements (DTAs), for which AAU along with other CSOs had provided recommendations and discussions regarding actual renegotiation of treaties are underway. The analysis of the DTAs is complete and engagements with the Netherlands embassy were made in December as a way of influencing positive discussions regarding the Uganda-Netherlands treaty. Netherlands (1): FMO has included FPIC as a requirement for clients as part of their land governance position paper and emphasis community consultation. Whilst this was already part of the IFC PS they use, it is still an important signal to investors and communities on the importance of the right to say no. This is partly a result of long term inputs from ActionAid and other FGG members such as Both Ends and Somo.(1)
Zambia (1): ActionAid will promote the enactment of the planning and budgeting law that will enable stakeholders including CSOs to participate in the planning and budgeting processes. Zimbabwe (5): ActionAid and its partner organisation will work together with Rural District Councils to organize tax justice trainings for women and youth. In the trainings, communities and local authorities will build their knowledge on tax issues related to mining. This will allow community groups to participate meaningfully in the platforms and promote domestic resource mobilization. (1: councils improved the access for civil society to the platform by providing the trainings and thereby essential knowledge needed to participate) ActionAid, its partner organisation and the Rural District Councils will set up Community Forums on Tax Justice and Service Delivery. These forums will guarantee access for communities and community groups to participate in decision making processes related to tax collection and management in the areas for improved service delivery. (4: each district will set up a community forum). Netherlands (1): We will support other CSO lobby efforts as well as directly engage with financial institutions and the Dutch government to ensure improvement of mechanisms that guarantee access for civil society around IFI or otherwise publically funded investments. (1)
Zimbabwe (1): ZELA conducted Community Forums on Tax Justice and Service and trainings for the Women’s Forum on Tax Justice campaign and gender sensitive service delivery in four areas. After successfully training the CBOs, their representatives attended the Rural District Councils budget meetings and meaningfully participated after being capacitated by ZELA. This engagement was possible because the government in a welcome move opened up the budget consultations in the respective provinces before the budgetary statements. Engaging in the discussions on Tax Justice, Finances and tracking of budgets was a welcomed development by the CBOs who felt it increased their effectiveness in the decision making meetings where they were getting invited to participate (1).
ActionAid and its partners will influence governments in two countries to formalize the role of CSOs and communities in 4 events to discuss a proposed policy and legislation on Double taxation treaties; a mineral value chain project aimed at enhancing transparency and accountability in taxation; and the national budgeting with input on the taxation system.
Uganda (1): The Ministry of Finance will institutionalize the collaboration with CSOs, as a result of lobby and advocacy of ActionAid Uganda and its partners. Through this formal collaboration, CSOs will be better able to exchange information with the Ministry and to engage in decision-making processes (1). Zambia (2): • ActionAid Zambia and its partners will lobby to be included in decision making regarding the use of a large IFI fund for community-development. As a result, an inclusive decision mechanism will be put in place (1). • ActionAid Zambia and its partners will lobby to be included in discussions on the introduction and implementation of a revenue sharing mechanism in the mining sector that allocates 10% of taxes paid by mining firms directly to mining host communities. It is expected that the government will put this mechanism in place and will include affected communities in decision making structures in 2019, partly as the result of ActionAid Zambia’s lobby activities (1). Zimbabwe (4): ActionAid's partner organisation and several Rural District Councils will continue working with and strengthening the Community Forums on Tax Justice and Service Delivery that were set up in 2018. These Forums will continue to guarantee access for communities and community groups to participate in decision-making processes related to tax collection and management in the areas of improved service delivery. Each district will set up a distinct and tailor-made Community Forum (4).
Uganda (2): The Ministry of Finance Planning and Economic Development has formed a new committee on domestic revenue mobilization. ActionAid Uganda and its partner SEATINI have been invited to participate in the work of this committee, representing the Tax Justice Alliance (1). The Tax Justice Alliance has received a new invitation from the Ministry of Finance Planning & Economic Development to provide research and documentation on topical issues to inform the Ministry’s intervention in areas such as the impact of Double Taxation avoidance Treaties on our domestic revenue generation and the implication of signing the Multi-Lateral Instruments (1). Zambia (3): ActionAid Zambia and its partner engaged the local government to ensure that communities are involved in the decision-making around the use of the 13 million USD World Bank fund meant to improve basic services for the Mufulira community. As a result, the local government has made information about this project available to the communities, and they are involved in decision-making around income-generating projects that are being set up in the area (1). Partly as the result of ActionAid Zambia’s lobby activities, two local Councils have set up committees consisting of CSOs, community members affected by mining, representatives of the local Council and the Zambia Environmental Management Agency to act as an oversight body in the use of the Environmental Rehabilitation Fund, which mines contribute to (1). In one of the project regions, ActionAid Zambia and its partner engaged the local Council to develop mechanisms for publishing what the mine pays to the Council and to enable the community to participate in tracking the utilization of these funds and in the planning for expenditures from these funds. As a result, the local Council now uses these mechanisms for publishing the information, which enables communities to be involved in decision-making around the utilization (1).
Zimbabwe (1): Four Rural Districts Councils, together with ActionAid’s partner ZELA, will scale up the Community Forums on Tax Justice and Delivery that were set up in 2018, and they will strengthen the capacities of Forum members through training on for example budget tracking. Through these Forums, communities and community groups gain access to decision-making processes related to tax collection and management, as they are now able to discuss these topics with local government officials on a regular basis (1).
Uganda (1)
(1) On 20th February 2020, the Ministry of Finance, Planning and Economic Development (MoFPED) officially launched the Domestic Revenue Mobilisation Strategy FY 2019/20-2023/24. This happened after sustained advocacy and lobby efforts to raise key tax justice related issues by the Tax Justice Alliance Uganda (TJAU) of which AAU is an active member. Part of this new strategy is that it gives a platform to the TJA to develop and present tax proposals to the ministry henceforth. TJAU is now also officially recognized by MoFPED (as an advisory platform). To illustrate this changed reality: In November 2020 the Ministry of Finance, Planning and Economic Development summoned the Tax Justice Alliance Uganda steering committee where ActionAid is part of to present their tax justice proposal FY2020/2021 that had several recommendations to amend laws to make taxation fairer and more progressive, and to support the collection of revenue. These included the Income Tax Amendment Bill 2020/2021, the Value Added Act (Amendment Bill) 2020/2021, and the Tobacco Control Act (Amendment Bill) 2020/21.
Zimbabwe (1)
(1) The Rural District Councils of Mutoko and Mutare, together with partner ZELA (with financial and strategic support from ActionAid Zimbabwe), scaled up the Community Forums on Tax Justice and Delivery that were set up in 2018. Capacity strengthening workshops were organized with the Forums to strengthen their knowledge and skills on revenue mobilization and budget tracking. As a result of their knowledge and advocacy efforts, government councils initiated a structural civil society consultation which provides communities and community groups with access to decision-making and budget consultations.
3.A.b
# effective legal and other grievance mechanisms adopted or improved by corporations and/or financial institutions and development banks via which CSOs and communities can resolve grievances with governments, financial institutions and companies, and claim their environmental, human and worker rights.
All baselines are set at 0
Zambia (1): ActionAid and its partner organisation had been advocating for the establishment of a platform where the local government, the mining company and ActionAid's partner could be holding interface meetings to discuss and share information on tax. As a result the mining company have set up this platform in 2017 in which information on tax and CSR is being shared and discussed. * Explanation of targets not met: the under-achievement was recorded on this outcome because whilst ActionAid together with the implementing partners did some work around facilitating and advocating for effective legal and other grievance mechanisms, there was a lot of resistance by the mining companies to formalise mechanisms. A number of feedback meetings were initiated with mining companies but these could not be reported as legal mechanisms. On CSR, currently this is not obliged by law and so mining companies still hold on to exclusive power to implement CSR practices. We have started with ZEMA as the key link in this area. So far we have managed to hold meetings with ZEMA, the communities and mining companies and the tripartite approach seems to be working well in terms of strengthening grievance mechanisms. Zimbabwe: * Explanation of targets not met: Zimbabwe Ministry of Mines and the Zimbabwe Revenue Authority are not willing at this moment to adopt provisions of the Extractive Industries Transparency Initiative. ActionAid will advocate for use of Extractive Industries Transparency Initiative guiding standards through the auditor general’s office. Shadow reports such as the PWYP report will be used to promote accountability and pressure for action to be taken. Currently the auditor general report is only read to parliament and the government is not obligated to take action.
As a result of the implementation of EITI, that was adopted in one country’s national policies influenced by ActionAid, at least one corporation will adopt legal and grievances mechanisms its corporate policies. Furthermore, through the pressure of ActionAid, mining corporations in one country will adopt/improve 3 mechanisms such as implementing CSR policies and setting-up multi stakeholder feedback meetings.
Netherlands (0): ActionAid Netherlands will call on FMO and potentially other IFIs to protect communities from being worse off after investments, including after the financier pulls out (disengages), and to ensure grievance mechanisms are accessible for a longer period of time. We will also lobby the Dutch government for upholding this in any (semi-)public financing, partly based on the experience of the case of Addax in Sierra Leone. We do not expect results yet in 2019. Zambia (1): Three mining companies will establish grievance handling structures through the engagements of ActionAid Zambia and its partners. ActionAid Zambia and partners will hold dialogue engagements at national and local level for disclosure to the public of all Development Agreements (DAs), emphasize any clauses of the DAs that are still applicable (working with government and mining companies) and lobby for review of clauses that are no longer applicable to the current development context. This will iron out grievance issues pertaining to mistrust and transparency and will lead to communities claiming their environmental and human rights through the established structures (1).
Zambia (3): After meetings and discussions with ActionAid Zambia and its three partner organisations during Alternative Mining Indabas and interface meetings, three mining companies improved their grievance handling mechanisms by including community representatives with a focus on women and youth (3).
Uganda (0): No national-level grievance mechanism related to corporate activity is expected to be introduced although the relationship between CSOs (Tax Justice Alliance and Ministry of Finance, Planning and Economic Development, Uganda Revenue Authority) is cordial and they listen to each other. This may not result in an actual grievance mechanism being put in place (0).
Outcome F: Practice Changed
There is successful and sustainable implementation of: financial regulation by governments and financial policies in corporations; tax regimes and corporate tax practices; and accountability, transparency, safeguards and gender aware policies in public financial institutions.
3.F.a
# mechanisms for improved financial, tax and spending policies implemented and enforced by national, regional and international government bodies.
All baselines are set at 0
Zambia (2): 1. AAZambia developed a communique during the Zambia Alternative Mining Indaba to influence government to implement the Mineral Value Chain Monitoring project. ActionAid Zambia has also influenced this process through the Zambia Tax Platform. As a result, government has started the implementation of the Mineral Value Chain Monitoring to enhance tax transparency and accountability. 2. Through lobby and advocacy efforts an ActionAid partner put pressure on the local government councils to be transparent about the revenues coming from mining activities. As a result a council declared their revenue from mines and provide details how these resources are distributed.
Zambia (1): The Ministry of Finance and Zambia Revenue Authority on tax policies has recognized the Zambia Tax Platform as a monitoring and advisory body to provide oversight on tax policies. ActionAid is part of this platform and advocated for the platform to play this role.
Zimbabwe (1): ActionAid's partner organisation meetings with government departments will improve tracking mechanisms and thereby also public finance management in the mining sector. Uganda (1) : ActionAid and its partner organisations aim for their proposals to the government around engaging the Uganda Tax Justice Alliance in the negotiation processes of tax treaties to be considered and this will greatly enhance transparency of these processes.
Uganda (0): The Ministry of Finance, Planning and Economic Development is still hesitant on having the Tax Justice Alliance as part of the negotiation/renegotiation of DTTs. However, the ministry is willing to include the Tax Justice Alliance on the Domestic Revenue Mobilisation committee. This is expected to improve the transparency of tax policy processes (0). Zambia (1): ActionAid Zambia’s partners engaged with the local authorities of the project areas to make the resources that are collected from mining companies and the expenditures public. The partners argued that policies at local level must be reviewed to increase transparency, by compelling mining companies to publish what they are paying to the national government and what they are paying to local authorities. As a result of the engagement, local authorities are sharing their plans, budgets, revenue generated and all the expenses during District Development Coordination Committee meetings with the partners, who are also present there (1). Zimbabwe (1): After the meeting convened by partner organisation ZELA on the analysis of the Auditor General report, the Parliamentary Portfolio Committee (PPC) on Mines and the PPC on Finance requested a further meeting for capacitation on tracking public finance, especially funds being produced by state owned enterprises. ZELA convened another meeting, and as a result the 2 PPCs agreed to structurally monitor and track public finance from their respective portfolios, starting from that point (1).
ActionAid and its partners will influence government to engage civil society and private sector in the revision of tax policies and to invest tax revenues in social delivery services.
Zimbabwe (1): Zimbabwean government bodies will implement a tracking mechanism to improve public finance management in the mining sector, as a result of ActionAid's partner's meetings with government and other actors (1).
The Netherlands (1): The Dutch government now implements the EU Anti-Tax Avoidance directive, which are measures aimed at limiting tax avoidance in Europe. ActionAid Netherlands, together with the Tax Justice Network, lobbied for this (1). Zimbabwe (1): The Parliamentary Portfolio Committee on Mines and Mining Development assigned a structural member who will be in charge of monitoring the compliance with the recommendations of the Auditor General related to financial and tax policies. This was the result of ActionAid Zimbabwe’s partner ZELA’s proposal for this during a breakfast meeting that they organized (1).
Netherlands (1): The Dutch government will from 2020 onwards continue to levy a withholding tax on outgoing dividend payments and not solely on payments to low tax jurisdictions as it proposed to do from 2020 onwards. ActionAid Netherlands together with the Tax Justice network successfully fought against the abolishment of the broader withholding tax resulting in a fairer tax contribution from multinationals (1). Zimbabwe (1): Based on the Auditor General’s recommendations and ActionAid and ZELA’s advocacy work, the government will start using a tracking mechanism to improve public finance management in the mining sector, as a result of partner organization ZELA’s meetings with several government departments where they advocated for the importance of such a mechanism for transparency and accountability (1).
Uganda (3)
(3) The government under the leadership of the Ministry of Finance, Planning and Economic Development has started renegotiation of harmful Double Taxation treaties between Uganda & Netherlands, Uganda & Mauritius as well as Uganda & Zambia. This is due to the collaboration in this respect between the government of Uganda and the CSOs under the Tax Justice Alliance, that AA Uganda is an active member of. The Tax Justice Alliance that continually lobbied for the renegotiation of Uganda’s Double Taxation Treaties and developed policy proposals to guide the negotiation/renegotiation process.
3.F.b
# concrete steps taken by public financial institutions and private actors to actively identify, prevent and mitigate adverse social, gender and environmental impacts of their investments, and concrete steps taken that advance socially just and sustainable development in LLMICs.
All baselines are set at 0
Netherlands (1): The IADB is engaging in dialogue with communities and local partners of AA Haiti around the Caracol investment that they financed, as well as Haitian government, on compensation matters. This has never happened before so is a significant step taken by these institutions. ActionAid NL support to research, strategizing and linking to partners has contributed to this work over the past years. (1)
Zambia (3): Resulting from ActionAid's and partner organisations work it is expected that improvements will be made by mining corporations in their sustainable practices through securing dumping pits near the communities,implementing projects and/or systems aimed at improving water quality, and enhancing social service delivery through CSR. Netherlands (1): ActionAid will continue to aim to engage with financial institutions to improve their ongoing due diligence, particularly in relation to land, gender and FPIC. We will support our partners around specific cases where we aim to have both the institutions and the companies to take action to mitigate adverse impacts. We expect at least one of these strategies to result in concrete steps taken.
NL (0): ActionAid Netherlands supported its partners around specific cases, such as in Sierra Leone, but this did not result in concrete steps taken by financial institutions or companies in 2018 (0). Zambia (3): ActionAid Zambia and its partner managed to engage a mining company on sustainable mining practices. As a result, the company started with filling up several of the unused mining pits, especially those closer to the houses. Also, the company has started to engage with the community and the government about relocation of people living close to the pits (1). ActionAid Zambia’s partner engaged a mining company on corporate social responsibility (CSR). As a result, the mining company came up with a consultative CSR strategic plan that involved affected communities, CSOs and government. The mining company initiated a constituency platform where all these stakeholders take part. The company also developed a project to empower women and youth (2).
ActionAid and its partners will influence a development bank to be more transparent about the impact of their investments and mitigate the negative impacts.
Netherlands (0): ActionAid Netherlands will aim for concrete steps regarding specific cases (Addax/Sierra Leone and Caracol/Haiti complaint a.o.) and will continue to support these processes where needed. It is unsure whether this will lead to concrete changes in 2019 (0).
Uganda (1)
(1) Due to the Covid 19 pandemic businesses especially Small & Medium Enterprises were badly affected and as a result the economy is down. Tax Justice Alliance members wrote a paper on rethinking domestic revenue mobilization during the pandemic with a view to providing incentives to SMEs. As a result the Uganda Development Bank (1) is working with SMEs to provide incentives for them to restart as well as revamp the economy.
3.F.a
# mechanisms for improved financial, tax and spending policies implemented and enforced by national, regional and international government bodies.
All baselines are set at 0
Zambia (2): 1. AAZambia developed a communique during the Zambia Alternative Mining Indaba to influence government to implement the Mineral Value Chain Monitoring project. ActionAid Zambia has also influenced this process through the Zambia Tax Platform. As a result, government has started the implementation of the Mineral Value Chain Monitoring to enhance tax transparency and accountability. 2. Through lobby and advocacy efforts an ActionAid partner put pressure on the local government councils to be transparent about the revenues coming from mining activities. As a result a council declared their revenue from mines and provide details how these resources are distributed.
Zambia (1): The Ministry of Finance and Zambia Revenue Authority on tax policies has recognized the Zambia Tax Platform as a monitoring and advisory body to provide oversight on tax policies. ActionAid is part of this platform and advocated for the platform to play this role.
Zimbabwe (1): ActionAid's partner organisation meetings with government departments will improve tracking mechanisms and thereby also public finance management in the mining sector. Uganda (1) : ActionAid and its partner organisations aim for their proposals to the government around engaging the Uganda Tax Justice Alliance in the negotiation processes of tax treaties to be considered and this will greatly enhance transparency of these processes.
Uganda (0): The Ministry of Finance, Planning and Economic Development is still hesitant on having the Tax Justice Alliance as part of the negotiation/renegotiation of DTTs. However, the ministry is willing to include the Tax Justice Alliance on the Domestic Revenue Mobilisation committee. This is expected to improve the transparency of tax policy processes (0). Zambia (1): ActionAid Zambia’s partners engaged with the local authorities of the project areas to make the resources that are collected from mining companies and the expenditures public. The partners argued that policies at local level must be reviewed to increase transparency, by compelling mining companies to publish what they are paying to the national government and what they are paying to local authorities. As a result of the engagement, local authorities are sharing their plans, budgets, revenue generated and all the expenses during District Development Coordination Committee meetings with the partners, who are also present there (1). Zimbabwe (1): After the meeting convened by partner organisation ZELA on the analysis of the Auditor General report, the Parliamentary Portfolio Committee (PPC) on Mines and the PPC on Finance requested a further meeting for capacitation on tracking public finance, especially funds being produced by state owned enterprises. ZELA convened another meeting, and as a result the 2 PPCs agreed to structurally monitor and track public finance from their respective portfolios, starting from that point (1).
ActionAid and its partners will influence government to engage civil society and private sector in the revision of tax policies and to invest tax revenues in social delivery services.
Zimbabwe (1): Zimbabwean government bodies will implement a tracking mechanism to improve public finance management in the mining sector, as a result of ActionAid's partner's meetings with government and other actors (1).
The Netherlands (1): The Dutch government now implements the EU Anti-Tax Avoidance directive, which are measures aimed at limiting tax avoidance in Europe. ActionAid Netherlands, together with the Tax Justice Network, lobbied for this (1). Zimbabwe (1): The Parliamentary Portfolio Committee on Mines and Mining Development assigned a structural member who will be in charge of monitoring the compliance with the recommendations of the Auditor General related to financial and tax policies. This was the result of ActionAid Zimbabwe’s partner ZELA’s proposal for this during a breakfast meeting that they organized (1).
Netherlands (1): The Dutch government will from 2020 onwards continue to levy a withholding tax on outgoing dividend payments and not solely on payments to low tax jurisdictions as it proposed to do from 2020 onwards. ActionAid Netherlands together with the Tax Justice network successfully fought against the abolishment of the broader withholding tax resulting in a fairer tax contribution from multinationals (1). Zimbabwe (1): Based on the Auditor General’s recommendations and ActionAid and ZELA’s advocacy work, the government will start using a tracking mechanism to improve public finance management in the mining sector, as a result of partner organization ZELA’s meetings with several government departments where they advocated for the importance of such a mechanism for transparency and accountability (1).
Uganda (3)
(3) The government under the leadership of the Ministry of Finance, Planning and Economic Development has started renegotiation of harmful Double Taxation treaties between Uganda & Netherlands, Uganda & Mauritius as well as Uganda & Zambia. This is due to the collaboration in this respect between the government of Uganda and the CSOs under the Tax Justice Alliance, that AA Uganda is an active member of. The Tax Justice Alliance that continually lobbied for the renegotiation of Uganda’s Double Taxation Treaties and developed policy proposals to guide the negotiation/renegotiation process.
3.F.b
# concrete steps taken by public financial institutions and private actors to actively identify, prevent and mitigate adverse social, gender and environmental impacts of their investments, and concrete steps taken that advance socially just and sustainable development in LLMICs.
All baselines are set at 0
Netherlands (1): The IADB is engaging in dialogue with communities and local partners of AA Haiti around the Caracol investment that they financed, as well as Haitian government, on compensation matters. This has never happened before so is a significant step taken by these institutions. ActionAid NL support to research, strategizing and linking to partners has contributed to this work over the past years. (1)
Zambia (3): Resulting from ActionAid's and partner organisations work it is expected that improvements will be made by mining corporations in their sustainable practices through securing dumping pits near the communities,implementing projects and/or systems aimed at improving water quality, and enhancing social service delivery through CSR. Netherlands (1): ActionAid will continue to aim to engage with financial institutions to improve their ongoing due diligence, particularly in relation to land, gender and FPIC. We will support our partners around specific cases where we aim to have both the institutions and the companies to take action to mitigate adverse impacts. We expect at least one of these strategies to result in concrete steps taken.
NL (0): ActionAid Netherlands supported its partners around specific cases, such as in Sierra Leone, but this did not result in concrete steps taken by financial institutions or companies in 2018 (0). Zambia (3): ActionAid Zambia and its partner managed to engage a mining company on sustainable mining practices. As a result, the company started with filling up several of the unused mining pits, especially those closer to the houses. Also, the company has started to engage with the community and the government about relocation of people living close to the pits (1). ActionAid Zambia’s partner engaged a mining company on corporate social responsibility (CSR). As a result, the mining company came up with a consultative CSR strategic plan that involved affected communities, CSOs and government. The mining company initiated a constituency platform where all these stakeholders take part. The company also developed a project to empower women and youth (2).
ActionAid and its partners will influence a development bank to be more transparent about the impact of their investments and mitigate the negative impacts.
Netherlands (0): ActionAid Netherlands will aim for concrete steps regarding specific cases (Addax/Sierra Leone and Caracol/Haiti complaint a.o.) and will continue to support these processes where needed. It is unsure whether this will lead to concrete changes in 2019 (0).
Uganda (1)
(1) Due to the Covid 19 pandemic businesses especially Small & Medium Enterprises were badly affected and as a result the economy is down. Tax Justice Alliance members wrote a paper on rethinking domestic revenue mobilization during the pandemic with a view to providing incentives to SMEs. As a result the Uganda Development Bank (1) is working with SMEs to provide incentives for them to restart as well as revamp the economy.
Outcome C: Alternatives Developed
A range of alternative, people-driven, inclusive and sustainable approaches to the current financial and tax regime have been developed and advanced by civil society actors.
3.C
# alternative proposals to financial and tax and spending policies developed, piloted, and promoted with CSOs in LLMICs.
All baselines are set at 0
AA NL (2): - AA NL launched the ‘Mistreated Report’ in February 2016. The report provides and promotes an alternative process for tax treaty (re)negotiations to make them more fair for developing countries, including the minimum standards tax treaties should comply with. The alternative approach includes: all governments should subject treaty negotiation, ratification and impact assessments to greater public scrutiny; All governments should consider the development implications of their tax treaties; A pro-development approach to the negotiation of tax treaties would treat suggested rates and provisions in the UN model as minimum standards, not upper limits; and multinationals should be transparent about their interactions with developing country lawmakers and officials regarding treaty terms (1).- Together with other members of the Tax Justice Network AA NL developed a detailed vision paper on the status quo regarding tax policy and how it should change. The paper is broad in subjects ranging from tax transparency, tax competition all the way to ending the Dutch status of tax haven.(1) Uganda (1): Due to the capacity building sessions organized by AAU and its partners for members of the Tax Justice Alliance, members were able to analyze the Uganda-Netherlands treaty and provide recommendations to a number of clauses that were thought of as not fair. The ministry has accepted two of the recommendations to inform their own policy analysis. Zambia (1): At the Zambia Alternative Mining Indaba (ZAMI), ActionAid Zambia together with partners, have developed a proposal for an alternative use of mineral revenues. With this proposal they have been advocating for the development of a mineral revenue sharing mechanism that increases the investments of mineral revenue at community level. As a result the Ministry of Mines has requested CSO’s to input into the development of a mineral revenue sharing policy.
Zambia (2): ActionAid's partner has developed tools for conducting social auditing to monitor tax and spending policies and practices to be able to hold a mining company and the local council accountable. The tools have been developed with support from ActionAid. The local government showed their support for the social auditing by organising periodic interface meetings in which actionaid's partner presents their findings. The Zambian Tax Platform of CSOs, facilitated by ActionAid and its partner organisation, has agreed with the district administration to have representation of the local people in the board for approving projects to be funded. The board is also a platform that allows for monitoring of revenue collection and allocation from government and the mining companies including levies from the public. At National level, the Zambian Tax Platform has become an alternative platform for monitoring government policies on taxation. This is a platform of CSOs including Think Tanks from the research institutions. Uganda (2): An analysis of the DTAs that Uganda has signed with different countries titled “Analysis of Uganda’s Double Taxation Treaties” was completed, including recommendations for alternative policies. It went through a peer review on the 24th August 2017 where members of the Tax Justice Alliance made input into the study objectives and reviewed the inception report. A CSO critique of the DTA Framework that was developed by government was also developed for purposes of advocacy in improving the guiding framework for negotiating/renegotiating DTAs (1). ActionAids partner and other CSOs under the Tax Justice Alliance (with support from FGG) developed alternative revenue proposals for FY 2017/18. A paper highlighting alternative revenue measures was developed. The proposals were aimed at contributing to increase and equitable domestic revenue mobilisation.(1) Netherlands (1): ActionAid produced a detailed policy brief that advised members of parliament to vote against the ratification of the tax treaty with Zambia. The policy brief clearly described an alternative approach to tax treaties and what elements are needed to ensure fair redistribution of taxation rights (1)
Zambia (1): ActionAid will during the budget formulation process and quarterly meetings with the Ministry of Finance and Mines propose alternative tax policies. Uganda (1): ActionAid will put forward proposals for alternative tax policies and share with various government bodies. Netherlands (1): ActionAid together with other ActionAid countries will develop and promote policy proposals for improved tax policies. • ActionAid will develop a proposal for the installation of a UN global tax body. • We co-develop and share suggestions on FPIC (for all) and land rights safeguards (incl gender and human rights due diligence) for IFIs with our southern partners. We will build on AA FPIC briefing and VGGT scorecard work to develop alternative proposals, but depending on the context these might be tweaks or real alternatives (tbc).
NL (2): ActionAid Netherlands developed a 2-pager on gender & tax putting forward an alternative vision for a gender-sensitive tax policy, including mechanisms to do gender analysis ahead of signing tax treaties, adopting the UN treaty model with a gender frame and providing technical tax assistance to women. This was presented during the Building Change conference on SDGs where recommendations were formulated for MPs with an ‘adoption’ role for the SDGs (1). ActionAid Netherlands put forward a proposal for the installation of a UN Global Tax Body as an alternative for current national tax legislation and bilateral tax treaties. Recommendations have been shared with MPs ahead of relevant parliamentary debates (1). Uganda (2): Two proposals for progressive taxation that were part of the CSO position on tax revenue measures for FY 2018/19 were taken on by the government and adopted into the tax laws. These include: -Value Added Tax (Amendment) Bill 2018: The Insertion of Section 76(3) to allow the cabinet to ratify and the parliament to approve any tax reliefs that are given to a foreign government or international organisation as a result of an international agreement entered with the Government of Uganda. This proposed amendment seeks to empower parliament to approve tax reliefs given by government through International agreements by giving parliament an oversight role from the beginning, i.e. when tax reliefs are first being negotiated. Previously, parliament could only exercise oversight after money had been spent by an entity by reviewing reports of the Auditor General (1). -Insertion of Section 14B to impose an Environmental Levy on imported motorized vehicles five years or older from manufacturing date, ranging from 20% of the CIF value for vehicles principally designed to carry goods to 35% of the CIF value for motorized vehicles between 5 and 8 years old, and 50% for those over 8 years old (1).
ActionAid and its partners will develop at least three policy proposal for fairer tax treaties and improved private sector financing that will be shared with relevant governmental stakeholders. In another country ActionAid and partners will provide two alternative policy proposals to a policy that will provide guidance in the process of (re)negotiating double taxation treaties. ActionAid and partners will also support three community led initiatives to monitor the extractives value chain and enhance transparency to develop alternatives for redistribution of revenue.
Uganda (1): ActionAid Uganda, together with other CSOs, will put forward proposals for alternative tax policies and share those with various government bodies (1). Zambia (2): • Partners and ActionAid Zambia will lobby the government to quicken the establishment of an inclusive Mining Industry Reform Tax Team to determine optimal tax rates for the sector and other pertinent issues. The team will be one of its kind to offer alternative advisory services on financial and tax spending (1). • ActionAid Zambia and its partners will promote revenue collection alternatives and spending options to the Government, to strengthen local resource mobilisation for gender-responsive public service provision, based on a research that they will conduct (1).
Uganda (1): Due to continued engagement and making policy proposals to parliament and to the Ministry of finance by AAIU and partners; the Income Tax Amendment for FY 2019/20 provided for a definition of Beneficial ownership. This should limit tax avoidance/ evasion which arises when a 3rd of all parties benefit from Uganda’s tax treaties with other countries. Zambia (2): ActionAid Zambia has been part of the CSO alliance that lobbied the Zambian government to quicken the establishment of an inclusive Mining Industry Reform Tax Team. The team will be unique in its kind and will offer alternative, independent advisory services to the government on financial and tax spending. So far, the government is in the process of finalizing the composition of the team (1). ActionAid Zambia and its partner demonstrated to the a local Council how revenue is lost through leakages in the tax system. They also proposed alternatives for revenue collection and spending options to strengthen local resource mobilization for gender-responsive public services. Based on these alternatives, the Council did a mapping and sensitization exercise together with the Zambia Revenue Authority on established mechanisms of taxation and alternative ways of remitting, which is going to significantly increase income and subsequently public service delivery (1).
Netherlands (1): ActionAid Netherlands will launch a company case report that highlights the tax avoidance of a well-known multinational in developing countries via a mailbox company in the Netherlands. The report will also provide recommendations for alternatives to the current tax model that are more beneficial for developing countries. The alternatives focus on fairer Dutch international fiscal policies in particular their tax treaty policies and their policies on source taxation. This alternative will be promoted among CSOs and policymakers (1). ActionAid Netherlands will develop a feminist tax model as part of creating an alternative to the current economy (no count, already included under ToC 1). Uganda (2): The ministry of Finance Planning and Economic Development will receive and incorporate proposals from ActionAid Uganda and other CSOs on the Multilateral instrument (the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting) and the analysis of the Uganda Mauritius Treaty study that was conducted by AAIU and its partners. As a result of this, Uganda will bargain with its international trading partners leading to a better deal that will boost its revenue generation. Uganda has begun renegotiation with Netherlands and Mauritius (1). ActionAid Uganda and the Tax Justice Alliance will develop alternative policy proposals to the Tax Bills of 2020/2021, which will come out in March 2020, to make them more progressive and fair to citizens. They will promote these proposals to Ministry of Finance and the Parliament in bilateral meetings (1).
Netherlands (4)
(1) ActionAid federation Launched the ‘Who cares for the Future Report’ throughout the world countries with AA presence, which clearly describes the links between taxation and women’s rights including clear alternative policy recommendations and how taxes can be transformed for women. We raised political and media attention on the basis of this and linked it to the underfunded state of healthcare in the global South to combat the Covid-19 crisis.
(1) Together with AA Senegal, AA India, AA South Africa, AA Brazil, AA Jordan and AA Guatemala and several feminist networks, ActionAid Netherlands has written reports about feminist economic alternatives which also contain fair taxes and gender responsive public services as a integral part of achieving a feminist economy based on wellbeing and care.
(1) ActionAid Netherlands, based on experiences with multiple southern ActionAid offices and with input from ActionAid Global Secretariat, launched the ‘Tax in Times of Corona’ report that details the growing impact of the Netherlands on the global South, how that negatively influences countries’ ability to combat Covid-19 in the global South, and above all we provided clear recommendations on how alternative extra measures could contribute to a fair a more equal world.
(1) Based on input from southern partners, ActionAid promoted an alternative for tax capacity development activities for governments and CSOs in the global South, at the EU and the Dutch Ministry of Foreign Affairs and the Ministry of Finance. This alternative is an improvement of the current methods in terms of inclusion, including women and civil society participation, and democracy in these initiatives.
NL-KVK-41217595-FGG
Stichting ActionAid
Fair, Green and Global Alliance
All reporting will take place at child-level
Both ENDS
Stichting ActionAid
Stichting ActionAid
1657652
2279271
2279271
2279271
1864858
2173307
FGG II Cumulative disbursement to TOC
2072065
1026032
FGGII First Installement
2011411
FGG II 2017 Cumulative disbursement to TOC
2072065
FGGII Incoming Funds 3rd installment
1737412
2016 Cumulative disbursement to TOC
2072297
1391377
Incoming funds, 2nd installment
Incoming Funds, 2nd installment
Results are not reported here, but under the activities NL-KVK-41217595-FGGAANLTOC1, NL-KVK-41217595-FGGAANLTOC2 and NL-KVK-41217595-FGGAANLTOC3
Results are not reported here, but under the activities NL-KVK-41217595-FGGAANLTOC1, NL-KVK-41217595-FGGAANLTOC2 and NL-KVK-41217595-FGGAANLTOC3
NL-KVK-41217595-FGG3
Stichting ActionAid
Fair, Green and Global Programme
The Fair, Green and Global Alliance (FGG) aims to increase the power and decision-making influence of organised, mobilised and informed civil society, especially women, to advance fair and green trade and value chains. FGG believes that poverty, inequality and exclusion are caused by power asymmetries. We see the unprecedented power of capital over people and planet as the primary obstacle impeding realisation of fair and green trade and value chains. The FGG programme focuses on recalibrating power within the global architecture of trade and value chains by amplifying the voices of targeted rights-holders – small producers and traders, workers, fishers, rural and Indigenous peoples, religious and ethnic minorities, and migrants, especially the women and youth among them – who are practising, claiming or defending human rights and fair and green economic practices, and/or whose rights are being ignored, threatened or violated by corporations and/or governments. We aim to transform social relations so that these rights-holders’ voices are heard and heeded. FGG’s eight members (ActionAid, Both ENDS, Clean Clothes Campaign, IT for Change, Milieudefensie/Friends of the Earth International/Friends of the Earth Europe, Samdhana Institute, SOMO and the Transnational Institute) cooperate with some 1000+ partners and allies in our many worldwide networks to strengthen collective capacities to advance a common vision of fair and green trade and value chains.
Both ENDS
Stichting ActionAid
Stichting ActionAId
Stichting ActionAid
roos.hommes@actionaid.org
https://actionaid.nl/
1915108
2017380
1149065
1st tranche received from BothENDS
Both ENDS
Stichting ActionAId
719436
1372135
1276510
1872567
9575540
766043
473767
A
strengthened capacities
1
# of CSOs included in the FGG programme
A
strengthened capacities
2
# targeted civil society actors with strengthened capacities for lobbying and advocacy
Guatemala (27, 27g)
Result 2.1
(20) ActionAid Guatemala organized community meetings, in which women from the communities in the Northern Lowlands (Guatemala) shared information on their participation in the community and knowledge about the problems they face due to activities of TNCs in the region. Women from 20 communities participated (Caserío Sechaj, Cooperativa Sechaj, Esperancita del Rio, Belén, Yalmachac, Chajmaic, Volcancito, Carolina, San Simón, Santo Tomás Calle 3, Chinacolay, Sisbilha, San Francisco Las Mercedes, El Prado, Tezulutlán, Las Mercedes I, Santa Cruz, Santa Elena, El Chorro, las Muñecas). The meetings also served to broaden the knowledge of women regarding advocacy actions at the local, national and international levels that has been carried out in defense of the rights of indigenous peoples and women. (20g)
Result 2.2
(1) As a result of community meetings, the Territorial Coordinator for Women (CTM) (1) is created. 91 women from 20 communities are elected as representatives in territorial coordination. The communities decided to choose more than two representatives per community to be able to rotate participation in the discussion spaces, so more women get involved in the processes. This is a result of community meetings organized by ActionAid Guatemala, during which the participants were motivated to participate in the elections to become territorial coordinator. (1g)
Result 2.3
(3) Together with the Territorial Coordinator for Women (CTM), the organization Marmá Maquin (1), the women of the Committee of Peasant Unity (CUC) (1) and of the Social and Popular Assembly (ASP) (1) strengthened their and exchanged strategies regarding knowledge on participation in community business, women's rights, organization, advocacy and political participation. This is a result of five workshops and community meetings organized by women of the CTM and AA Guatemala. (3g)
Result 2.4
(3) Together with Feminists for a Binding Treaty (1), Fundación Guillermo Toriello (FGT) (1), CONGCOOP (1) and CTM, ActionAid Guatemala organized joint strategizing meetings to mutually increase their capacity for advocating for a Feminist UNBT. They wrote key, gendered, recommendations on how to improve the treaty text considering women's and indigenous rights. As a result, Feminists for a Binding Treaty (1) and ActionAid Guatemala were invited for a meeting with the Guatemalan delegation in Geneva after they shared their recommendations. Unfortunately, due to a lack of time the meeting was canceled. (3g)
Netherlands (18, 15g)
Result 2.5
(13) In September 2021, ActionAid Netherlands organized a capacity strengthening webinar about the UN Binding Treaty on Business and Human Rights for ActionAid staff and partners. More than 45 persons participated, including representatives from 19 ActionAid offices and CSO partners from Africa, Asia and Latin America (of which we count 13 because of double counting - ActionAid Zambia, ActionAid Zimbabwe, ActionAid Ethiopia, ActionAid Guatemala, ActionAid Ghana, PODER, SISWACHI, OFRANEH, Asociacion de Mujeres Madre Tierra, GAWU, CONDEG, CEHRO, Initiative for Right View). In this meeting, all gained a deeper understanding of a gender-responsive UN Binding Treaty on Business and Human Rights negotiation process, discussed civil society positions on the elaboration of a Binding Treaty and exchanged feminist ways to get engaged in this process at the national, regional and international level (13g).
Result 2.6
(3) In 2021, ActionAid Bangladesh, Uganda, and Kenya improved their understanding of the negative impacts of the Energy Charter Treaty and its potential expansion to the Global South as well as strengthened their constituency/network with CSOs working on this topic. They did this by engaging on a platform on the ECT newly established by AA NL & TNI linking CSOs across the world to facilitate knowledge exchange and joint strategizing on the topic. It was the first time that ActionAid engaged in the topic. Through these initial exchanges, ActionAid in Bangladesh, Kenya, the Netherlands and Uganda are now linked to civil society organisations across the world campaigning on the topic. The current platform includes organisations from inside and outside FGG in Europe, Africa, Asia and Latin America. As a result of knowledge sharing and joint strategizing, organisations in countries including in Bangladesh and Kenya have for the first-time developed action plans to start advocacy work in their countries to generate awareness both with policy makers and in civil society on the risks for their country associated with accession to the Treaty. At the time of writing, research projects as a basis for advocacy and awareness raising work in the first half of 2022 are under way for AA in Bangladesh, Uganda and Kenya (3). This is significant, as so far, the Energy Charter Treaty and its expansion agenda were little known in the countries in the platform. At the same time, the ECT expansion process poses serious risks for candidate countries, including in terms of their ability to address e.g. negative impacts of energy related infrastructure projects or to take climate action in the future. AA’s contribution has been to organize workshops, jointly strategize, share information and provide small scale activity funding for ActionAid’s partners in Bangladesh, Kenya and Uganda (possible double counting TNI).
Result 2.7
(2) ActionAid South Africa and MACUA/WAMUA strengthened their research capacities and knowledge on the manganese supply chain, as well as their access to relevant stakeholders in the supply chain, as a result of joint research conducted with ActionAid Netherlands and SOMO. Specifically, they learned more about the gendered impacts of manganese mining and the need for gender-responsive due diligence (2g).
Kenya (21, 17g, 8x)
Result 2.8
(21) In 2021, 13 CSOs, 7 communities and 1 CBO including women’s groups, spread across five counties, have been able to strengthen their awareness, knowledge and advocacy skills regarding women’s land rights through various AAIK activities and activities of partners incl. training and joint planning and strategizing sessions. Some of these groups were reached for the first time with information on women’s land rights. As a result, women’s and widows’ organisations created networks to support each other, and to collect data on women’s land property rights and customary practices that marginalize them. Organizations benefited also through networking support and linking them to other key organizations and networks in the Kenyan CSOs movement.
Uganda (18, 1g, 15x)
Result 2.9
(1) One community (1) strengthened their access to the legal system while taking further steps in the legal process addressing a massive land grab case from 2001, where the focus is now on completing the legal documents required to finally obtain their financial compensation. The compensation is yet to be obtained from the Government for their land that had been forcefully grabbed by a foreign investor to establish a coffee plantation. The community was supported in the legal process by ActionAid Uganda and a local partner. AAU facilitated for the communities to attend the court sessions and further facilitated the lawyers from the partner organisation to attend the court sessions and represent the community.
Result 2.10 a
(2) One community (1) strengthened their petition writing skills and drafted a petition with key asks from the Government to resolve their sustained problems related to land grab. They were supported by ActionAid and its partner. AAU facilitated the community members to attend the meetings and further got a translator to explain the recommendations from the findings in their own language. In addition, ActionAid supported the partner organisation with activity funding.
In 2021, ActionAid’s partner also trained leaders of a community on non-violent resistance actions as they deal with longstanding land grab issues, both caused historically, as an effect of the Ugandan civil war when they became internally displaced, and more recently, when an investor wrongfully obtained a part of their lands for a hunting reserve. The cultural leaders (1) were also supported to have dialogues between them to address land disputes in relation to this conflict.
Result 2.11
(6x) Three communities, two women’s groups and one group of cultural leaders were also directly supported by AAU and its partner in community based awareness raising and training sessions on land rights, international guidelines for land rights such as the Free Prior and Informed Consent criterium, on how to organize, how to peacefully resist land grab threats on collecting evidence and how to advocate for their rights to be respected by the government and corporations.
Result 2.12
(1x) Sugarcane plantation farmers (1x) were supported by ActionAid's partner through a training on the UN binding treaty on Business and Human rights, in particular the 3 principles of the state duty to protect human rights, corporate responsibility to respect human rights and access remedy for victims of business-related abuses. AA funded the partner to carry out the activity.
Result 2.13
(1x) The Tax Justice Alliance (1x) was supported through activity funding of AA’s partner including for a training on various tax laws and policies which equipped with the tax justice alliance members with knowledge to develop new activities related to Domestic Revenue Mobilisation.
Result 2.14
(4x) A civil society group (1x) took part in the Land Awareness Week where they gained knowledge to provide legal aid to communities and groups affected by land rights violations and further carrying out fact finding missions in relation to such land cases. AAU supported three partners as part of the land actors by funding some of their activities attending the conference as well as by joint strategizing and exchanging information.
Result 2.15
(3x) Three partners of ActionAid Uganda (3x) strengthened various advocacy related skills through their participation in FGG in 2021. These included strategic planning and networking. ActionAid Uganda also provided small-scale activity funding throughout the year.
Zimbabwe (5, 3g)
Result 2.16
(1) ActionAid Zimbabwe and partner ZELA organised trainings and workshops on Business and Human Rights for communities in Mutoko and the Mutoko North Development Trust, who increased their knowledge on for example regulations regarding Environmental Impact Assessments.
Result 2.17
(1) ActionAid Zimbabwe and partner ZELA jointly organised a number of meetings and workshops for a wide range of stakeholders from the gemstone and black granite sectors. Through these meetings, ActionAid and ZELA (1) increased their knowledge and capacity on the issues in both sectors and especially the gendered dimensions (1g).
Result 2.18
(2) ActionAid Zimbabwe and partner ZELA organised meetings and exchanged knowledge with two groups of women ASM miners to increase their knowledge on the benefits and the legal requirements for ASM groups to register as trusts (2g).
Result 2.19
(1) ActionAid Zimbabwe and ZELA increased the knowledge and capacity of the Publish What You Pay Coalition by conducting and sharing a research on illicit financial flows in the gemstones sector.
We aim for 127 civil society actors from countries in Asia Africa and Latin America (including Bangladesh Guatemala Kenya and Uganda) to strengthen their capacities to advocate for among other things gender-sensitive binding regulations for corporates at national level Energy Charter Treaty (in collaboration with TNI) fairer tax treaties and a feminist UN Binding Treaty at international level and against land grabbing and other human rights violations caused by (multinational) companies. To this aim we will engage in mutual capacity development activities such as joint strategizing knowledge exchange networking and trainings.
"South Africa (5)
2.1 (3g) Women branches in Free State (1), Gauteng (1) and North West (1) participated in nine popular education sessions, which were organized by ActionAid South Africa and their partner MACUA/WAMUA. Together they developed Popular Education content, to argue that activist spaces must always be regarded as organizing processes. The aim is to assist women with tools to help to develop critical analyses on issues that are affecting them. A conducive and participatory space is created for women’s voices to engage in e.g. economic policies and lobby against the oppression of working-class women.
(2) The communities of Mokopane (1) and Kuruman (1), South Africa, conducted a social audit guided by AA South Africa and its implementing partner MACUA/WAMUA. This is a process of monitoring the delivery of social and legal commitments by state and private actors, led by marginalised communities. In both communities, a larger group discussed the findings of the audits and the implications of Green Hydrogen developments and climate change (Mokopane), and manganese mining and climate change (Kuruman). In both communities, a core group brainstormed on how the community can move forward with engaging the mines and governments in terms of its associated infringements. They have developed an action plan for 2023. Through this process, the communities strengthened their capacities of strategic analysing and planning, and advocacy towards mining companies and governmental entities.
Guatemala (9)
2.2 (1g) Representatives of the Territorial coordinator of women (1) participated in three workshops. This is a group of women representing 20 communities negatively impacted by mining or large-scale agriculture. Together they analysed and discussed the strategy for defending the rights of women and the territory. AA Guatemala and its partner CONGCOOP organized the meetings.
2.3 (1g) Movement of Communities in Defense of the Water (1) participated in two workshops, during which the participants discussed the role of women in the movement, and exchanged experiences from WHRDS, from the communities and from the movement. This has strengthened the capacities of all participants in light of their daily fight against oppressors. The movement learned about the importance of involving women in their struggle for justice, and about the gendered impacts of criminalization of human rights defenders by corporations. AA Guatemala and its partner CONGCOOP organized the workshops.
2.4 (0) The movement of Communities in Defense of the Water and the Territorial Coordination of Women are, together with AA Guatemala and its partner CONGCOOP, working on a political statement to promote inclusive water management, which considers the needs of the indigenous population and women in water management and decision-making. They strengthened their capacity to strategically create such a political statement and strategize on applying this in future lobby activities. This drafting process is a result of participation in discussions and recommendations on international regulations. (organizations already counted above).
2.5 (3g) Territorial Coordination of Women exchanged experiences with Consejo de Mujeres Indígenas y Biodiversidad (1), Comunidades en Resistencia Contra las Hidroeléctricas de Cahabón (1) and Comunidades en Resistencia contra las hidroeléctricas de San Pedro Carchá (1). They have shared strategies for organizations internally, among communities and companies. They also discussed methods on how to deal with problems encountered by women. This has strengthened their knowledge and capacity to strategically defend women’s rights. ActionAid Guatemala financially supported these exchanges.
2.6 (3g) ActionAid together with partners CONGCOOP (1) and FGT (1) carried out four workshops on WHRDs and gendered impacts. They discussed how to replicate case studies in different communities, in relation to OECD guiding principles on business and human rights, and a UN binding treaty on business and human rights. In total, 45 community leaders, active in Council of Ancestral Lands (1), Territorial Coordination of Women, Movement of Communities in Defense of the Water participated in the process and strengthened their capacities to strategically use the international guiding principles in their lobby activities. They also learned about the value of a UN binding treaty (knowledge building) and how they can advocate for the UN binding treaty towards national delegations (joint strategizing).
2.7 (1) The community of Sonora strengthened its capacities to file a complaint against RSPO. Community members received training on how to collect useful information, and followed-up by collecting the information in order to draft a statement about their right to consultation and free, prior and informed consent (FPIC) to make decisions about their territory in terms of not allowing further expansion of oil palm plantations in their territory. They continue to demand the suspension of RSPO certification to the company Palmas del Ixcán. This will be given to RSPO in 2023. In this process the community was guided by CONGCOOP, partner of ActionAid Guatemala. AA Guatemala also contributed with knowledge on the mechanism, and reviewed the statement towards the RSPO.
The Netherlands (8)
2.8 (4g) The capacity of ActionAid Uganda, Guatemala, Zimbabwe, Kenya and Netherlands to do evidence-based advocacy was strengthened through the development and subsequent advocacy of the joint report on gendered impacts of corporate abuse to push for a Feminist Binding Treaty on Business and Human Rights. x
2.9 (1 - AA Uganda and Kenya already counted in another outcome) ActionAid Netherlands worked together with ActionAid Bangladesh, Kenya and Uganda on projects to stop the expansion of the Energy Charter Treaty (ECT). Through these projects, they strengthened their knowledge on the treaty and on lobby and advocacy strategies. x
2.10 (2) ZELA (Zimbabwe) and LNSP (Bangladesh) strengthened their capacities to advocate and build alliances due to their participation in and activities during the negotiations for a UN Binding Treaty on Business and Human Rights. ActionAid NL facilitated the participation of both partners in the negotiations for the treaty in Geneva and organised several strategy meetings to help them prepare for their participation. x
2.11 (1g) Green and Justice (Zambia) strengthened its capacity to lobby and advocate for gender-responsive due diligence legislation. ActionAid Netherlands supported Green and Justice financially and through preparatory meetings in the run-up to a meeting with the European Commission on protecting and promoting the rights of women and mining communities in the design of a just transition. After the meeting, Green and Justice shared they especially appreciated this process of preparation and direct lobby, as they gained new knowledge and skills. x
Zimbabwe (4)
2.12 (1g) With support of ActionAid Zimbabwe and partner ZELA, a group of sixteen women (1) followed a new course on gemology at the Zimbabwe School of Mines. They strengthened their knowledge on the gemstone sector and relevant rules and policies. After the course the women formed their own group and have plans to register as a value addition and beneficiation of gemstones women association, meaning that they will process the gemstones to add value rather than just focus on extraction. x
2.13 (1g) Blessing Hungwe, a leading woman in the Zimbabwean mining sector, strengthened her knowledge on the gemstone sector rules and regulations during engagements with ActionAid Zimbabwe and partner ZELA as part of the FGG baseline survey. As a result, she led the registration and launch of the Zimbabwe Association of Women in Mining Associations, a platform that brings women miners associations together to further their knowledge and advocate together for better rules and conditions for women in the gemstone sector. x
2.14 (1g) ActionAid Zimbabwe’s partner ZELA conducted an artisanal and small-scale mining academy where women gemstone miners were trained on both the technical aspects of mining and the local and national policies that influence them. The academy sessions managed to address the knowledge and skills gaps regarding the technical aspects of mining as well as the related policy frameworks and how to influence those at different levels. From the training, one gemstone miner indicated that currently she is working on a project proposal for funding as she is lacking modern machineries for gemstone cutting and polishing. x
2.15 (1x) ActionAid Zimbabwe’s partner ZELA’s strengthened the capacity of environmental human rights defenders (EHRDs) and paralegals in Mutoko on business and human rights and responsible sourcing. x
Zambia (1)
2.16 (1) Partner Green and Justice organised a training for a group of 67 Human Rights Defenders from communities affected by copper mining. During the training they increased their knowledge on issues related to international human rights standards and especially women's rights, as well as their skills to effectively lobby and advocate towards the local government. x
Bangladesh (15, 150g, 116x)
2.17 A total of 95 grass-roots Community Land Rights Groups (CLRGs) strengthened their capacities through training on various topics. Among them, 15 recently established CLRGs in the Payra region, 35 CLRGs and 3 youth groups in Rampal, and 40 CLRGs and 2 livelihood trade-based (Salt farmers and fishermen) Community-Based Organizations (CBOs) in the Matarbari project area were included. 90 CLRGs increased their understanding of international human rights instruments and guidelines, 53 CLRGs strengthened their knowledge on protection of the environment, ecology, and climate change, 90 (90g) CLRGs learned about land governance and women's land rights, 53 CLRGs learned about the imperative of transitioning to green energy and the details of fossil energy value chains in Bangladesh. Community organizing was a crucial focus of capacity strengthening for all these groups, with 90 CLRGs participating in courtyard training in this area. The training sessions were facilitated by AAB's partners Initiatives for Right View (IRV), Prantojon, and Songshoptaque, with collaborative efforts in planning and strategizing.
A total of 59 Civil Society Organizations (CSOs) increased skills and knowledge through comprehensive training on a diverse range of subjects. This included various platforms that have emerged through and been facilitated by FGG over the past years: the Life and Nature Safeguard Platform, Bagerhat People's Commission, Khulna People's Commission, Kolapara People's Commission, Barishal People's Commission, Moheshkhali People's Commission, and others with similar objectives. The trainings covered various topics tailored to the specific needs of the CSOs. Corporate accountability and business & human rights were addressed in a training, and international human rights instruments and guidelines in another, for 43 CSOs. 23 CSOs increased their understanding of land governance and women's land rights (23g counted below), and protection of the environment, ecology, and climate change. The training sessions also explored the pressing need for a green energy transition and provided in-depth knowledge on fossil energy value chains in Bangladesh and beyond. All 59 participating CSOs increased their understanding of options for renewable energy, as well as discussions on the Energy Charter Treaty and its expansion. Of the 63 CSO partners, 23 CSOs received training on effective campaigning, lobbying, advocacy, and evidence collection and documentation. These training sessions were carried out by AAB's partners, including CAB, CLEAN, Initiatives for Right View (IRV), Prantojon, and Songshoptaque. AAB played a supportive role by collaborating on joint strategizing and planning.
Gender equality is a cross cutting element in most of the capacity development activities, both for CLRGs and for CSOs. In 2022, a total of 90 CLRGs (mainly composed of women and women-led) and 50 CSOs strengthened their capacity through capacity building training focused on women's rights and gender equality (60g). These training sessions empowered community women as women leaders to amplify their voices, advocate for their rights, and engage in campaigns. The participants increased their knowledge and skills to address gender-related issues, fight for equality, actively participate, as women, in advocacy efforts and contribute to positive change within their communities and beyond. AAB facilitated these training and played a supportive role in planning and strategizing with partners Initiatives for Right View (IRV), Prantojon, and Songshoptaque.
Additionally, AAB and its partners CAB, CLEAN, IRV, Prantojon and Songshoptaque facilitated 11 workshops and 15 meeting with 116 groups ( 53 CLRGs and 63 CSOs e.g., Life and Nature Safeguard Platform, Bagerhat People's Commission, Khulna People's Commission, Kolapara People's Commission, Barishal People's Commission, Moheshkhali People's Commission, Safety and Rights Society (SRS), Chattogram Upokul Samaj Unnayan Sangstha, Nagorik Uddyog and others) to strengthen capacities to defend civic space through advocacy and campaign events on human rights and climate justice for ensuring a just and sustainable energy transition in Bangladesh (116x).
Kenya (17, 5g)
2.17 (5g) 1) Taita Taveta Human Rights Watch (TTHRW), 2) Nyarongi Paralegals, 3) Centre for Human Rights and Civic Education (CHRCE) and 4) SCODA had their capacities enhanced in project management, knowledge of, guiding principles for business and human rights and climate justice including through joint strategizing and in trainings facilitated by AAKE. Also, AAKE held capacity development forums in the Yala Swamp area for 5) Yala Swamp Community Land Management Committee; 6) Yala Swamp Ecosystem Site Support Group (YESSG), 7) Indigenous Community Conservation Area (ICCA) and 8) Integrated Development and Environmental Africa Project (IDEP) on methodologies to engage with the Ministry of Land and Physical Planning and National Land Commission. In Taita Taveta, the 9g) the Widows Group, 10g) Social Justice Ambassadors, 11g) Kenya Anglican Men Association and the 12g) Court Users Committee had their capacities enhanced on advocacy in women’s rights to land and in Kitui, 13) Centre for Sustainable Development, 14) Climate Change Network Kenya, 15) Kitui Economic Front and 16) Kitui Women in Development had their capacities strengthened on climate justice as members of Kitui CSOs Network. In Taita Taveta and Kilifi, 18g) The young people’s movement in Mutitu/Kaliku ward mobilized, organized and got trained on matrimonial, property and succession laws through AAKE’s partner.
17) In Homabay, the small holder farmers from Nyokal formed the Nyokal Farmers Sacco which they will use for leveraging for inclusivity and better service delivery from the state and Sukari Industry, including financial services. AAKE contributed finances and technical guidance to facilitate these meetings and trainings.
Uganda (32)
(12x, 17g) Through knowledge sharing, joint strategizing and hands on support by FGG’s partner in Uganda, the Kaweri Community gained substantive and procedural legal knowledge on acquiring Letters of Administration in respect to the beneficiaries of the estates of the deceased claimants. They also acquired knowledge and skills on how to engage the National Identification Registration Authority (NIRA) and the Administrator General’s Office (AGO) to acquire formal death certificates and Letters of no Objection for the grant of the Letters of Administration. This was all in the context of the long process of obtaining justice for the mass land grab that happened in 2001 when a German coffee company established a coffee plantation in the area. (1)
Alebtong Women’s Network and Friends of Zoka, both groups affected by land grabs, strengthened their capacities on movement building, community organizing and use of direct actions for lobbying and advocacy in trainings and mentorship by FGG’s partner (2).
Madi Cultural Institution, Apaa Community and Adjumani District local government leadership strengthened their capacities on conflict resolution and use of non-violence in settling land conflicts in the Apaa case in trainings by FGG’s partner. (2)
The Mubende women coffee farmers, Mbale women coffee farmers, Mbale women coffee exporters and Bugisu coffee cooperative (4) strengthened their capacities to interpret a harmful trade agreement and advocate against it in knowledge sharing sessions facilitated by AA and partner .
Madudu community (1) strengthened their knowledge on land rights to inform advocacy actions to resolve a land dispute with a foreign investor (FORMOSA). This happened through a training, joint strategizing and hands -on support by FGG’s partner organization.
The Alebtong Women’s Network, Punduru Lazebo Women group against land grabbing, the Bennet women group, Konye-keni old age womens group, and Buliisa Women in Development Association (BUWODA) (4) participated in a learning exchange visit on the diverse land rights issues unique to each community and best practices in peaceful civil resistance (use of songs, sit-down protests, non-violent demonstrations) in addressing the land injustices. They also shared knowledge and best practices on agroecology as an alternative agricultural practice. This helped them to strengthen their capacities to defend their land rights (both community and women’s land rights), through peaceful means and to practice agroecology.
The Kiryandongo community strengthened their capacities in the areas of community organising, the use of civil resistance, and legal avenues to address abuses of land rights, in trainings, knowledge exchange sessions and joint strategizing facilitated by FGG’s two local partner organisations .
At least 12 communities strengthened their awareness of community and women’s land rights during the land awareness week, organized by a group of Ugandan organisations including ActionAid Uganda, united in the Land Actors platform. These communities included: Kabale , Kyanamiira, Kitumba, Kabale Central, Karegere, Muko subcounty, Ruhija, Amura trading centre, Bubaare, Nyamweru, Kashambya, Rwamucucu. The topics on which they strengthened their knowledge included land inheritance, spousal consent during land transactions, land acquisition and registration, and transfer of lands. (12)
AAU’s implementing partners NETPIL and Action Alliance engaged in joint strategising and cooperation, through which they learned from each other about different ways of supporting communities and building movements. (2)
Through a training event organized by AAU and partners, Oxfam Uganda, Water Governance Institute Uganda and Publish What You Pay Uganda (3) strengthened their knowledge of the Energy Charter Treaty and risks for Uganda of acceding to the Treaty."
We aim for 141 civil society actors from countries in Asia, Africa and Latin America (including Bangladesh, Guatemala, Kenya and Uganda) to strengthen their capacities to advocate for among other things gender-sensitive binding regulations for corporates at national level, a halt to the expansion of the Energy Charter Treaty (in collaboration with TNI), and a feminist UN Binding Treaty at international level, and against land grabbing and other human rights violations caused by (multinational) companies. To this aim, we will engage in mutual capacity development activities such as joint strategizing, knowledge exchange, networking and trainings.
A
strengthened capacities
2x
# targeted civil society actors with strengthened capacities contributing to and/or relevant for lobby and advocacy aiming at expanding/defending civic space
Of these 127 civil society actors 65 (from Africa Asia and Latin America) will strengthen their capacities focused on defending and/or expanding civic space. Through mutual capacity development in the form of for example training on non-violent resistance techniques these civil society actors will be better able to gain meaningful access to democratic decision-making spaces such as women artisanal miners gaining access to local government meetings.
Of these 141 civil society actors, 55 (from Africa, Asia and Latin America) will strengthen their capacities focused on defending and/or expanding civic space. Through mutual capacity development in the form of for example training on non-violent resistance techniques, these civil society actors will be better able to gain meaningful access to democratic decision-making spaces, such as women’s forums which contribute to improved community participation in value chains and accountability.
A
strengthened capacities
2g
# targeted civil society actors with strengthened capacities relevant to advance gender justice
Of these 127 civil society actors 94 will strengthen capacities that are specifically contributing to gender justice. These civil society actors from Africa Asia and Latin America will strengthen their knowledge on for example feminist leadership gender-responsive public services and women’s land rights. Also they will improve their skills to collect evidence on the gendered impacts of the operations of multinationals in extractives supply chains.
Of these 141 civil society actors, 66 will strengthen capacities that are specifically contributing to gender justice. These civil society actors, from Africa, Asia and Latin America, will strengthen their knowledge on for example feminist leadership, gender-responsive public services and women’s land rights. Also, they will improve their skills to collect evidence on the gendered impacts of the operations of multinationals in extractive supply chains.
A
strengthened capacities
3
# targeted civil society actors that lobby and advocate for improved policies and practices in trade and value chains and advance fair and green practices based on capacities mutually developed
Guatemala (4, 1g)
Result 3.1
(3) The CTM (a network consisting of women representing 20 communities) (1), Movement of communities in Defence of the Water (1) and CONGCOOP (1) put their strengthened lobby and advocacy capacities into practise by lobbying towards the Ombudsman for Human Rights (specifically, to the Ombudsman for Indigenous Women) and towards the Community Development Council (COCODE / local authority) to raise awareness about the gendered impacts they face as a result of the palm oil plantations in the region, such as contamination of water sources. Their strengthened capacities include the increased knowledge on gendered impacts in the region, how to define and prioritize the problems women face, and how to get in contact with these high level institutions in Guatemala.. The Ombudsman visited the region in April and the Ombudsman’s team visited the region three more times. Before CTM became active, the perspectives of women were not taken into account as local authorities are mainly embodied by men. ActionAid Guatemala, through its implementing and strategic partner CONGCOOP, organized trainings for CTM and Movement of communities in Defence of the Water to make women aware of their rights and promoting their participation at all levels of governance.5
(1) Feminists for a Binding Treaty (1) and ActionAid Guatemala lobbied towards the Guatemalan delegation in Geneva and were invited for a meeting after they shared their gendered recommendations to improve the UNBT text and to integrate women’s and indigenous rights. Unfortunately, due to a lack of time the meeting was canceled. This advocacy was a result of joint strategizing meetings, also together with other Guatemalan CSOs, which improved their knowledge on the UNBT draft text and how this should be improved. Together they wrote down the gendered recommendations which are used for lobby and advocacy (1g)
Netherlands (2)
Result 3.2
(2) ActionAid South Africa and MACUA/WAMUA used their increased knowledge on gendered impacts in the manganese supply chain and their increased access to relevant stakeholders as a result of the joint research with ActionAid Netherlands and SOMO to engage with local duty bearers and with mining companies on the need for gender-responsive due diligence. In addition, they also used the results of the research to advocate for the need of Free, Prior and Informed Consent within the Minerals and Petroleum Resource Development Act in South Africa.
Kenya (13)
Result 3.3
(1) AA Kenya’s partner undertook various actions against an imminent land grab in the area. The organisation wrote to the Ministry of Education to express concerns and request for information about the students at a primary school, which was under threat of demolition as the land it sits on is under threat of grabbing. The ministry responded with a letter providing information on the number of students, the school’s performance, and number of deployed government teachers which the partner has been using for further campaigns against the land grab plans. The partner also lobbied the Environment and Land Committee of the Taita Taveta County Assembly and the local minister in charge of land in Taita Taveta County, which led to these actors visiting for a fact-finding mission in the area. ActionAid supported the partner through joint strategizing and networking and with activity funding, amongst other things.
Result 3.4
(1) AA Kenya’s partner, together with an association representing the communities in the area (1), filed a petition in court against salt firms that had caused various types of injustice in their area of operations. When the salt firms organized community meetings to advocate against the court petition filed, the community members whose capacity had been built by AA Kenya’s partner were able to articulate the real issues and defend the petition, and the salt firms stopped these community meetings. The litigation process seeks to address a variety of injustices due to the operations of the salt companies over the years, such as land grabs, forced eviction, blocking access to beaches, denying fishermen access to landing sites, and environmental violations including air pollution, pollution of fresh water sources, and destroying natural fish breeding sites. The community is supported in this process by the partner through trainings, joint strategizing, and hands-on advice. The community indicated that it is because of their constant engagement with AA Kenya and the partner that they have the knowledge and capacity to speak out against the injustices caused by the salt firms and to defend their rights.
Result 3.5
(2) AA’s partner (1) supported a CSO network in Kitui (1) to start a conversation with the County Government and requested the implementation of the County Climate Fund, which the County Government accepted to do. See the result description under Outcome Indicator 6F. AA Kenya’s support to the partner throughout the year included joint strategizing, knowledge exchange, and activity funding.
Result 3.6
(3) With support from AA Kenya, several local organizations (2) worked with communities in one of the implementing areas (1) to address a threat of a massive land grab through a deal between the county government and a multinational agribusiness company intending to set up a sugarcane plantation in the area. AA Kenya’s support included joint strategizing, knowledge exchange, and activity funding. See the description under outcome indicator 5D.
Result 3.7
(4) In Kilifi, after an interactive radio talk shows with a local radio station, AA Kenya’s partner have been able to assist four communities who had called during the shows to establish their respective community land management committees (CLMCs) after identifying their lands as community land together with an officer from the lands department of the County Government of Kilifi. The CLMCs are structures that help in the management of community lands on behalf of the wider community. They are selected and or elected by the community as guided in the Community Land Act, 2016. The CLMCs will be instrumental in the registration of these community lands and their subsequent management. Registration of community lands is vital for protecting these ‘commons’ against land grab. With the Kenyan Community Land Act 2016, registration of community lands is now possible. The challenge, however, is in the implementation of the law as it requires communities to obtain formal recognition of their land as ‘community land’ in a county register (to be submitted to the Ministry), which the county governments have been slow in preparing. AA Kenya and partners support communities in making use of these legal provisions, that will help safeguard their rights.
Result 3.8
(2) Two communities (2) that were trained by AA Kenya’s partner on their request have formed community land management committees (CLMCs) and have written demand letters to the Ministry of Land and Physical Planning for their lands to be registered as community lands. This happened after AA Kenya’s partner and respective communities identified five unrecognised community lands as a follow up to two successful road shows raising awareness on community land and provisions in Kenyan land law to protect such lands. These five unrecognised community lands might have otherwise been left out of the county community land inventory and thus target for land grabs in future. The CLMCs are structures that help in the management of community lands on behalf of the wider community. They are selected and or elected by the community as guided in the Community Land Act, 2016. A government surveyor has already been sent to site for fact finding and establishment of boundaries to aid this process. One of the other committees formed have petitioned the environment and land committee of the Senate for their land to be included into the county register of community land. They are also under threat of land grab and evictions.
Result 3.9
(0) In Kitui, AA Kenya’s partner conducted an audit on corporate conduct by the iron mining companies in the area and produced a report that will be used to advocate against human rights violations at the mining sites and for better working conditions and legal and policy compliance in their mining operations. The partner trained 45 people and 15 were selected to conduct the social audit. The report pointed at the lack of compensation for landowners displaced and dispossessed by the mine and not filling holes left after extraction. The report also indicated the need for licensing as well as training and capacity building for artisanal miners, including on mining skills, awareness of relevant legal frameworks and on advocacy skills.
Uganda (10)
Result 3.10
(1) In 2021, human rights defenders and community members from an indigenous community (1) used new approaches in advocating for the rights of indigenous communities including pursuing legal aid to get back their land. In a training by ActionAid’s partner, they gained knowledge about protecting the rights of HRDs and land rights of indigenous people. As a result, they were able to participate in barazas (dialogues) with the Local Council Authorities and Uganda Wildlife Authority in pursuit of administrative remedies for the victims of human rights abuses and violations. The community members were violently evicted from their ancestral forest lands on several occasions in the past decades, first by the National Forest Authority and later by the Ugandan Wildlife authority. They are still living in deplorable conditions in ramshackle camps, awaiting justice. ActionAid Uganda brought the HRDs into contact with the partner and provided activity funding to the partner for the training.
Result 3.11
(6) Four communities and two women’s groups supported by AA and partners, took various actions to peacefully resist land grab threats and/or to voice their grievances vis à vis decision makers and corporates with regards to their land rights. The capacities they strengthened included knowledge on rights, community organizing, peaceful resistance tactics, and capacities to engage in legal and bureaucratic procedures addressing their concerns, amongst other things. This is further described under the outcomes C, D and E.
Zimbabwe (4)
Result 3.12
(1) ActionAid Zimbabwe and partner ZELA organised trainings and workshops on Business and Human Rights for communities in Mutoko and the Mutoko North Development Trust, who increased their knowledge on for example regulations regarding Environmental Impact Assessments. The community monitors confronted a mining company in Mutoko on the fact that the company operated without an Environmental Impact Assessment (EIA), which led the company to comply to the Environmental Management Act and conduct a proper EIA.
Result 3.13
(1) ActionAid Zimbabwe and ZELA increased the knowledge and capacity of the Publish What You Pay Coalition by conducting and sharing a research on illicit financial flows in the gemstones sector. As a result, the Coalition used this knowledge to set up a campaign meant to make public and private stakeholders aware of how much potential revenue Zimbabwe is losing through illicit financial flows in this sector.
Result 3.14
(2) ActionAid Zimbabwe and partner ZELA worked together with two groups of women ASM miners to increase their knowledge on the legal requirements for ASM groups to register as trusts. As a result, the two groups used this knowledge to start the registration process, which is a long and extensive process with the government. Formal registration will increase the women’s access to for example marketing and value addition services.
We aim for 85 civil society actors from Asia Africa and Latin America (including Bangladesh Guatemala Kenya and Uganda) to lobby and advocate for among other things gender-sensitive regulation for corporations at national level a feminist UN Binding Treaty at international level fairer tax treaties and improvement and implementation of laws to protect women’s land rights. They will do so with enhanced capacities as described in indicator 2 such as increased knowledge on feminist leadership and gender-responsive public services.
"Guatemala (3)
3.1 (3) Territorial Coordination of Women (1) and Movement of Communities in Defense of Water (1) have developed capacities to analyze the context and spaces for advocacy, through work with CONGCOOP (1) and ActionAid Guatemala. Together they presented their demands to the deputies from the ""Semilla"" bench (“Seed” movement, a centre-left (opposition) political party), with the aim of stopping human rights violations resulting from palm oil plantations, and to hold the Ministries of Environment and Health accountable for their role in the violations. AA Guatemala contributed with financial and strategic support, and participated in the meeting. This result is significant because it is the only way to hold the state to account. These institutions are obliged to respond to the requests for information from the deputies.
3.2 (0) At the local level, the Territorial Coordination of Women have started conversations with the Departmental Directorates for Women (DMM), a dependency of the municipality, to echo their demands regarding women's participation and inclusive water management. As the first encounter between the Territorial Coordinator of Women and DMM-Raxruhá, they organized a forum within the framework of the commemoration of November 25, the international day for the elimination of violence against women. This was co-organized by women with the support of the organization CONGCOOP, a financial and strategic partner from ActionAid. The Territorial Coordination of Women is a group of women representing 20 communities negatively impacted by corporations and large scale agriculture. After community members received training from CONGCOOP and ActionAid in 2021, they got organized in this official structure. Since the start, CONGOOP and AA Guatemala have kept on facilitating trainings for them on human rights, gendered impacts, and in local, national and international structures relevant for their fight to justice.
The Netherlands (8)
3.3 (4) The capacity of ActionAid Uganda, Guatemala, Zimbabwe, Kenya and Netherlands to do evidence-based advocacy was strengthened through the development of and subsequent advocacy with the joint report on gendered impacts of corporate abuse to push for a Feminist Binding Treaty on Business and Human Rights. Examples of advocacy activities include direct lobby to national government delegations in the run-up to the treaty negotiations, add lobby meetings during the negotiations with a wider range of stakeholders. x
3.4 (1, AA Uganda and Kenya already counted in another outcome) ActionAid Netherlands worked together with ActionAid Bangladesh, Kenya and Uganda on projects to stop the expansion of the Energy Charter Treaty (ECT). Through these projects, they strengthened their knowledge on the treaty and on lobby and advocacy strategies. All AA offices used this increased capacity to lobby against the ECT in their countries. x
3.5 (2) ZELA (Zimbabwe) and LNSP (Bangladesh) strengthened their capacities to advocate and build alliances due to their participation in and activities during the negotiations for a UN Binding Treaty on Business and Human Rights, ActionAid NL facilitated the participation of both partners and organised several preparatory strategy meetings. ZELA and LNSP used their increased capacities during the negotiations in Geneva by engaging in direct lobby meetings with government delegations and side events. x
3.6 (1) Green and Justice (Zambia) used their strengthened capacity to lobby and advocate for gender-responsive due diligence legislation to directly share their recommendations in a meeting with the European Commission on protecting and promoting the rights of women and mining communities in the design of a just transition, through the support of ActionAid Netherlands. After the meeting, our partner shared she especially appreciated this process of preparation and direct lobby, as she gained new knowledge and skills. x
Zimbabwe (2)
3.7 (1) Blessing Hungwe, a leading woman in the Zimbabwean mining sector, strengthened her knowledge on the gemstone sector rules and regulations during engagements with ActionAid Zimbabwe and partner ZELA as part of the FGG baseline survey. As a result, she led the registration and launch of the Zimbabwe Association of Women in Mining Associations, a platform that brings women miners associations together to further their knowledge and advocate together for better rules and conditions for women in the gemstone sector. x
3.8 (1) As a result of ActionAid Zimbabwe’s partner ZELA’s capacity development trainings for environmental human rights defenders (EHRDs) and paralegals in Mutoko on business and human rights and responsible sourcing, the EHRDs and paralegals managed to lobby the Environmental Management Agency to act on a big open pit that was left by a granite mining company (Natural Stone Export). x
Zambia (1)
3.9 (1) Partner Green and Justice organised a training for a group of 67 Human Rights Defenders from communities affected by copper mining. During the training they increased their knowledge on issues related to international human rights standards and especially women's rights, as well as their skills to effectively lobby and advocate towards the local government. Several of the trained HRDs used their increased knowledge and skills in subsequent meetings with local government officials, such as the Mufulira District Commissioner. x
Bangladesh (15 )
AAB’s partner IRV and the FGG- supported civil society platforms Poribesh Surokkha (People’s Commission) in Mancha Khulna and Bagerhat (3) had a frontline advocacy role in the Banishanta land rights movement. Banishanta is a remote village in Southwestern Bangladesh close to the Sundarbans mangroves and the Mongla port. The village is on the banks of a channel and Mongla Port authority dredging and earth filling works had covered the agricultural lands, thereby ruining people’s livelihoods and displacing people from the village. After advocacy by CSO groups and the community, the local authorities stopped the dredging and earth filling and the agricultural land was saved. AAB partner IRV and the 2 civil society platforms had mobilized the community, civil society and media around the issue, organised gatherings, demonstrations, conferences and writing of a letter to the authorities. AAB had facilitated the emergence of these 2 civil society platforms (People’s Commissions) through FGG in earlier years (since 2018) and supported them through trainings, workshops, connecting them to other organisations and networks, joint strategizing, and knowledge exchange throughout the years. The civil society platforms now operate independently and address and advocated on issues such as these. In 2022, IRV organised several meetings with the CSOs for knowledge exchange and joint strategizing to support this advocacy trajectory.
AAB and the Life and Nature Safeguard Platform (LNSP) jointly lobbied towards the Bangladesh government and a Japanese cooperation agency for improvement of the national Integrated Energy Power Master Plan (IEPMP), by incorporating social and environmental safeguards into the energy related policy, planning and investment processes (1) . This happened through civil society consultation meetings and LNSP sending written recommendations to the cooperation agency. AAB and LNSP jointly strategized and developed a common position in order to prepare the advocacy.
CAB and other CSOs e.g IRV, UGFA, Songshoptaque, ALRD, and SRS organized a signature campaign and advocated and lobbied with the Ministry and secretary of the Ministry of Power, Energy and Mineral Resources (5) to demand that the Bangladesh government does not accede to the ECT . AAB and partner supported this by facilitating knowledge and information sharing, joint strategizing and planning, including in meetings and ongoing dialogue with the organisations.
AAB and partner Songshoptaque jointly advocated with JICA and the government of Japan through the Japanse CSO JACSES to improve their policies and practices for safeguarding people and the environment in a major power plant area . This happened after knowledge and information sharing between AAB and partner and JACSES, and providing JACSES with first hand information on the social and environmental impacts of the power plants.
3 community land rights groups lobbied and advocated with local government to improve practices of listing landless people in a designated government list. The list is important as it is a condition for people living in poverty to get government support - the government provides them with a house and land based on their registration. This applies particularly to semi urban and rural poor. Partner IRV provided support to the groups through trainings for their capacity building on advocacy with the local government body (Union Parishad) (3).
AAB partners CLEAN, BWGED, Prantojon (3) and Songshoptaque campaigned on the negative impact of LNG in 2022 and eventually the Bangladesh government cancelled plans for a 3.6 GW LNG plant and one LNG terminal in the Payra area the same year. The campaign was led by the Center for Policy Dialogue (CPD). In the background, AAB influenced local and national level CSOs to be part of the movement and campaign, including by sharing information, facilitating knowledge exchange and joint strategizing.
Kenya (5)
1)TTHRW, 2) Malindi Rights Forum, 3) CHRCE actively advocated for community and/or women’s land rights and contributed to the formulation of the Land Control Bill by inputting community views into the Ministry’s draft document. 4) Nyarongi paralegals and CHRCE supported communities to advocate for social, economic and environmental rights including land rights and provided inputs into the Homabay County Climate Change Policy, and Kitui County Climate Change Policy respectively and TTHRW and MRF participated and contributed to the formulation of the Royalties Benefits Regulations policy after guidance from AAKE during a public participation platform set up by the respective ministries of the policies. The Royalties Benefit Regulations flow from the Kenyan Mining Act 2016. The Mining Act 2016 specified that communities will receive royalties from mining activities from their respective areas. This regulation is meant to guide the process of how these royalties should be calculated, its governance and the role of different stakeholders in it. Joint strategizing and planning, facilitated by AA Kenya and partners contributed to the partners’ capacities and possibilities to actively lobby and advocate.
A group of widows in Taita Taveta successfully presented their grievances to the Voi Court in relation to their inability to obtain land titles. This happened upon advice from their court users committee that includes AAKE’s partner TTHRW. As a result, the women were able to start the process of finally obtaining their tenure documents.AAKE’s partner TTHRW mobilized, organized, and trained the widows before their meeting with the Chief Magistrate, TTHRW also provided financial resources to allow the widows to attend the meeting with the Chief Magistrate. (1)
Uganda (11)
In December 2022, the Punduru Lazebo Women group against Land Grabbing staged a protest against the National Forestry Authority (NFA) extending the boundaries of the Logiri Forest Reserve to include community lands. They had strengthened their capacities in campaigning and advocacy in relation to land rights through knowledge exchange, joint strategizing with and training by FGG’s partner (1)On 1st December 2022 The Mubende and Mbale women coffee farmers, together with the Mbale women coffee exporters and Bugisu Coffee Cooperative petitioned Parliament advocating for revisiting the Vinci Coffee deal, to allow for value addition to be done in Uganda. They had strengthened their capacities in campaigning and advocacy as well as their understanding of the trade deal through knowledge exchange and joint strategizing with FGG’s partner (4)
In September 2022, the Paramount Chief of Madi, Mr. Stephen Drani and his Acholi counterpart, the Rwot David Onen Acana II met with the President of Uganda andproposed that going forward, political leaders be excluded from the team taking the lead on the resolving of the long-standing Apaa land conflict. Excluding political leaders would help mitigate the process getting side tracked for selfish interests. The leaders had been supported by FGG’s partner through joint strategizing. AA’s partner had also trained the leaders on using nonviolent actions, how to do lobby and advocacy, and how to be resilient as they work on the Apaa land issue (2) https://www.independent.co.ug/president-museveni-suspends-eviction-of-apaa-residents/In 2022, Madudu community representatives approached the District Local government leadership and demanded for a meeting with an investor (FORMOSA, a tree planting company) to address outstanding land issues affecting the community. The company had fenced off lands and prohibited the community from using it for farming, leading to food insecurity. Moreover, cases of physical violence and assault, allegedly by company actors,emanating from the tensions between the community and the company were also reported. The community representatives had been supported by FGG, including through trainings on how to do lobby and advocacy, and through joint strategizing with FGG’s partner, to enable them to undertake this advocacy. (1)
In June 2022, the Alebtong Women’s Network and Friends of Zoka mobilised themselves and challenged the National Forestry Authority (NFA) to produce proof over a 5 square kms land the NFA were claiming. The NFA then responded by violently putting mark stone on a small portion of the land (200 hectares). The Women’s Network has since continued to protest the 200 hectares with NFA mark stone. They have been supported by FGG’s partner through training sessions through which they gained knowledge of community organizing and peaceful resistance tactics, enabling them to undertake these actions to protect their rights. (2)
In 2022, in Uganda, Kaweri Community members approached and engaged the Ugandan National Identification Registration Authority (NIRA) and the Administrator General’s Office to acquire formal death certificates and letters of no objection for the grant of the Letters of Administration, as part of their long process of finally obtaining remedy for a land grab over 20 years ago for a German owned coffee plantation (see eg. https://www.monitor.co.ug/uganda/news/national/kaweri-coffee-land-row-unresolved-for-20-years-3525090 https://www.fian.de/wp-content/uploads/2021/11/Layout_Uganda_Druckerei.pdf). AA and partners have been supporting the community throughout the process through providing legal support, joint strategizing, sharing of information, translating documents, facilitating meetings and logistics, and counselling, amongst other things. These efforts contributed to the community’s understanding of their position and of their land and succession rights, in light of internationally agreed standards on land rights as well as the Ugandan national laws; of the process to obtain remedy for violation of these rights and their ability to participate in the meeting well prepared. (1)
"
We aim for 77 civil society actors from Asia, Africa and Latin America (including Bangladesh, Guatemala, Kenya and Uganda) to lobby and advocate for among other things gender-sensitive regulation for corporations at national level, a feminist UN Binding Treaty at international level, against countries acceding to the Energy Charter Treaty (together with SOMO and TNI) and improvement and accelerated implementation of laws to protect women’s land rights. They will do so with enhanced capacities as described in the target narrative for indicator 2, such as increased knowledge on feminist leadership and women’s land rights
B
agenda-setting, momentum-building and increased support
4
# key actors (government, private sector, other) who put FGG policy/practice recommendations on their agendas (e.g. meetings, debates, media coverage)
Guatemala (7, 6g)
Result 4.1
(1) In 2021, the business sector’s representative GREPALMA (1), organized a meeting with the Dutch Embassy in Costa Rica to question and delegitimize our report “Women’s rights violations in Dutch palm oil supply chains: The case of Guatemala”. In the opinion of the business sector, the report is harmful for their activities.
Result 4.2
(1) The Feminist for a Binding Treaty and ActionAid Guatemala were invited for a meeting with the Guatemalan delegation (1) in Geneva after they shared their recommendations. These were written down in collaboration with other Guatemalan CSOs and focused on how to improve the treaty considering women's and indigenous rights. Unfortunately, due to a lack of time the meeting was cancelled. The delegation is very interested to hear our perspective. (1g)
Result 4.3
(1) ActionAid Guatemala and ActionAid Netherlands received an invitation from the Dutch Embassy in Costa Rica (1) to present our report “Women’s rights violations in Dutch palm oil supply chains: The case of Guatemala”. Representatives of the Embassy promised to learn more about the differentiated impact on women in the Northern Lowlands (TBN) through a visit to the territory in 2022. (1g)
Result 4.4
(4) Four universities (Rafael Landívar University (URL), National Autonomous University of Mexico (IIS/UNAM), University of San Carlos de Guatemala (USAC), University of Pennsylvania Press) invited ActionAid Guatemala to write and publish their article and speak during webinars and seminars. Through these activities and knowledge products we have started the debate about the differentiated impacts on women in the Northern Lowlands of Guatemala caused by palm oil plantations, among teachers, researchers and academics. (4g)
Netherlands (18, 4g)
Result 4.5
(4) Based on the results of ActionAid Netherlands’ research report on human rights violations in the manganese supply chain, four companies (Tata Steel, Vattenfall, Eneco and Orsted) held internal consultations and engaged in conversation with ActionAid and each other to work together on realizing responsible manganese supply chains.
Result 4.6
(2) Media-coverage about ActionAid Netherlands’ ‘Manganese Matters’ report, linking human/women rights violations to our electrical vehicles, on national radio, in Trouw newspaper, Zembla website and Reformatorisch Dagblad strengthened the agenda setting with Parliamentarians about responsible supply chains for a just transition and the need for gender-responsive due diligence. Particularly, the articles in Trouw prompted one Parliamentarian to ask questions in Parliament based on the report's findings (2g).
Result 4.7
(1) During COP26 in November, ActionAid managed to set the agenda of the media on the need for climate justice and fair climate finance. Media coverage included an interview on France 24 TV, national radio (Radio 1), articles in Telegraaf and Trouw, and an interview for a specialist climate podcast. Several media outlets approached us proactively for these interviews.
Result 4.8
(1) For the first time De Telegraaf addressed the issue of climate finance by interviewing ActionAid Netherlands following their work at COP26. In the article the ActionAid perspectives and views were accurately reflected to an audience we normally don’t reach.
Result 4.9
(1) As a result of two ActionAid reports on the need for fair tax and digital tax policies, ActionAid generated a lot of media attention. We were invited for an interview on national television (RTLZ) and on the radio, and over 20 newspaper articles appeared.
Result 4.10
(1) As a result of intensive lobby over the past years, the Ministry of Finance invited ActionAid Netherlands for regular meetings to discuss our priorities and position on Dutch tax treaty negotiation developments and planning prioritization.
Result 4.11
(1) The Social Economic Council (SER) invited ActionAid, WO=MEN, WomenWin and Partnering for Social Impact to organise a workshop on gender-responsive due diligence (GRDD) as a result of frequent engagements with the SER on GRDD and the relevance of gender. More than 20 employees from the sectoral agreements on Agrofood, Extractives, Textile and Financial Sector participated in the workshop (1g).
Result 4.12
(1) At the initiative of the academics participating, Asser Institute published an academic brief with a legal analysis of the draft UN Binding Treaty on Business and Human Rights as the result of an expert workshop in October 2021, organised by SOMO, ActionAid, IUCN, Milieudefensie, WO=MEN and the Asser Institute together with 17 academics, litigators and civil society representatives to jointly analyse the third draft of the UN Binding Treaty on Business and Human Rights with respect to Prevention, Access to Remedy and Liability (possible double counting SOMO and Milieudefensie).
Result 4.13
(1) Two political parties (GroenLinks and D66) jointly organized the first roundtable on climate finance for the Committee on Foreign Trade and Development following several reports (including 1 by ActionAid Netherlands) and lobby on the failures of climate finance.
Result 4.14
(1) VVD called for a technical briefing from the Planbureau voor de Leefomgeving (PBL) to address questions about the Netherlands approach to climate finance following a conversation with ActionAid raising concerns about the Netherlands not living up to their fair share and a lack of transparency.
Result 4.15
(2) Based on a joint Food4All lobby letter ActionAid Netherlands has been invited by and met three times with the Ministry of Foreign Affairs and the Ministry of Agriculture to discuss our recommendations in relation to the right to food, Agriculture & Food system transition, the Dutch UNFSS agenda and agroecology promotion.
Result 4.16
(1) Mining company South 32 invited ActionAid South Africa and MACUA/WAMUA to discuss their recommendations as outlined in the ‘Manganese Matters’ report, especially to see how the situation for women in mining communities in South Africa can be improved and how they can put in place gender-responsive due diligence measures (1g).
Result 4.17
(1) The United States and other like-minded states intended to derail the UN Binding Treaty on Business and Human Rights process. This was blocked as a result of the joint efforts by the broad CSO movement present including the Treaty Alliance, Feminists for a Binding Treaty and ActionAid's delegation (Bangladesh, Ethiopia, France, Ghana, Guatemala, Kenya, Netherlands, Nigeria, Uganda, and Zimbabwe) supporting several rapid response letters to the US government, the EU and through a broad CSO statement with joint key recommendations on the treaty text.
Kenya (4, 1g, 1x)
Result 4.18
(1) The Ministry of Petroleum and Mining (1g) visited mining sites in Kitui, Kilifi and Taita Taveta from where artisanal miners, most of whom women, had organized a press conference and presented demands in response to new draft regulations affecting their situation. The Ministry had drafted new regulations seeking to give large scale miners (such as multinational firms) more power and much of the mining rights and take away powers of the communities’ and the Community Development Agreement Committees (CDACs).
AA Kenya and partners supported the artisanal miners to jointly analyse the newly drafted regulations, develop their demands, and present them through a press conference and to the Ministry of Lands. Their demands included: to be engaged in the drafting of policies relevant to them, that formal registration for artisanal miners’ associations should be more easily arranged, that the percentage of the mining benefits destined for community development be increased from 1% to 5%, that large scale miners stop exploiting artisanal miners and using them for exploration services then ultimately take over the mining stages, that artisanal miners should be allocated special mining zones with financial stipends as is the case with large scale miners and extractive sectors and that the government should provide gender responsive public services such as separate washrooms for women and dispensaries within the mining sites.
The Community Development Agreement Committees (CDACs) are envisaged as tools to engage mining affected communities in development decisions within their areas and to have these communities receive and manage a percentage of the benefits of mining for community development. In response to the demands formulated by the artisanal miners, the Ministry committed to constructing washrooms and dispensaries as the miners had requested, as ‘quick wins’, while noting that the other demands would require more negotiations to develop consensus. In addition, the partner demanded for the adoption of the Taita Taveta Artisanal Miners Association as members of the County Artisanal Miners Committee as stipulated by the Mining Act. The County Artisanal Miners Committee advises the Director of Mines in the granting, renewal or revocation of artisanal mining permits and is chaired by the respective County Governor (1g).
Result 4.19
(1) The Taita Taveta county government (1) sent a government surveyor to two communities for fact finding and establishment of boundaries of their community lands to aid the process of formal identification of the land as community land. This happened after the two communities had been trained on their request by AA Kenya’s partner and had formed community land management committees (CLMCs). They had written demand letters to the Ministry of Land and Physical Planning for their lands to be registered as community lands. Earlier in 2021, AA Kenya’s partner and respective communities had identified five unrecognised community lands after two successful road shows on community land, supported by FGG. These unrecognised community lands might have otherwise been left out of the county community land inventory and would therefore have remained at risk for land grabs in the future. The CLMCs are structures that help in the management of community lands on behalf of the wider community. They are selected and/or elected by the community as guided in the Kenyan Community Land Act from 2016.
Result 4.20
(1) In 2021, the Kenya National Commission on Human Rights (KNCHR) (1x) sent a delegation for a fact-finding mission to Taita Taveta on mass threats of evictions and land grabs. This happened after appeals by AA Kenya and its partner. It was extremely important that the matter was put on the agenda of the Kenya National Human Rights Commission and that they set up a fact -finding mission because the report will give policy implementors guidelines and indicate who owns the land in contestation. Their report on the mission is yet to be finalized (1x).
Result 4.21
(1) In 2021, the Ministry of Land and Physical Planning (1) sent surveyors to Taita Taveta and Kilifi on fact finding missions aimed at inclusion of unrecognized community lands into their respective county community lands registers. This was an important step for protection of the communities living in those areas against land grabs and evictions, i.e. safeguarding community land rights. The sending of surveyors was a recommendation from AA and partners. This happened after two of AA Kenya’s partners had worked with the respective communities, supported them to organize and to act. AA Kenya supported the initiatives with activity funding and joint strategizing.
We aim for 39 key actors including policymakers politicians and media from Asia Africa Europe and Latin America (including Bangladesh Guatemala Kenya the Netherlands and Uganda) to put FGG recommendations on their agendas. These recommendations will be for example about improved policies related to women’s land rights fairer tax rules and gender-sensitive binding rules for businesses.
"Guatemala (5)
4.1 (2g) The Municipal Directorate for Women (1) and the Municipality of Raxruhá (1), Alta Verapaz, in response to the request of the territorial coordinator of Qana’ Ch’och’ Women, held a municipal forum within the framework of November 25, commemoration of the day of violence. During this forum they addressed as a central issue the role of women in care and access to water. This was co-organized by women with the support of the organization CONGCOOP, a financial and strategic partner from ActionAid Guatemala. These women participated in trainings, organized by CONGCOOP and ActionAid, to strengthen their advocacy capacities to address the gendered impacts of palm oil industries.
4.2 (3g) The Territorial Coordinator of Women influenced the agenda of three deputies (3) (Bancada, Semilla and Winaq) who, based on meetings with these women demanding to defend their rights and the territory, scheduled a summons in 2023 to the Ministers of the Environment, Indigenous Women, and Health to report on the human rights situation of women in the Northern Lowlands. ActionAid Guatemala supported the Territorial Coordinator of Women in strategizing and trainings.
The Netherlands (7)
4.3 (1g) The Dutch Ministry of Foreign Affairs invited ActionAid Netherlands to present its legal research on gender-responsiveness in the EU mandatory due diligence proposal. AANL was invited for its expertise on gender in international responsible business conduct and strong research results. The Ministry received the recommendations and research with great interest. The legal research was based on the inputs of our ActionAid counterparts active in FGG in Bangladesh, Kenya, Uganda and Guatemala.
4.4 (1g) Member of European Parliament Katalin Cseh, vice-chair of the RENEW group in the European Parliament, invited ActionAid, CCC, and ECCJ to co-host an event in the European Parliament on the need for a gender-responsive Corporate Sustainability Due Diligence (CSDDD) to raise awareness on the matter among fellow parliamentarians. This is a result of AANL’s renowned expertise on gender and international responsible business conduct and the launch of a briefing on gender-responsive corporate sustainability legislation with ten recommendations on the CSDDD based on continuous collaboration with and inputs of our ActionAid counterparts active in FGG in Bangladesh, Kenya, Uganda and Guatemala.
4.5 (1g) The Irish government, during the adoption of the EU Council’s general approach on the Corporate Sustainability Due Diligence (CSDDD), called on the EU to address the gender weaknesses in the CSDDD. This is a result of ActionAid’s continued advocacy efforts with the Irish government based on AANL’s briefing on gender-responsive corporate sustainability legislation with ten recommendations on the CSDDD based on continuous collaboration and inputs of our AA counterparts active in FGG in Bangladesh, Kenya, Uganda and Guatemala.
4.6 (1) The Ministry of Foreign Affairs invited ActionAid Netherlands to provide a training for policymakers to strengthen their capacities for the development of a Dutch strategy for the realization of an inclusive just energy transition. ActionAid NL was invited based on its expertise and visibility on a just transition. The training is based on cases provided by ActionAid's Southern counterparts and partners in for example Zimbabwe, Guatemala and Bangladesh.
4.7 (1g) The European Commission invited ActionAid Netherlands to create and execute a webinar on designing an inclusive and just food and energy transition. Partner Green and Justice from Zambia shared its gendered recommendations on the necessity of protecting their land and access to rights.
4.8 (1g) Dutch political party VVD invited ActionAid to discuss our position paper on Feminist Foreign Policy and our recommendations on the new Aid and Trade policy of the Dutch government. During the meeting we discussed various important topics such as feminism, agriculture, climate, corporate accountability and tax. Hereby we conveyed solutions of our Southern partners to this coalition party to influence the parliamentary debate on the new Aid and Trade policy to ensure that the needs of the global South are better included.
4.9 (1) Dutch State Secretary of Fiscal Affairs, van Rijn, invited ActionAid and other Tax Justice organisations to discuss our position on tax issues in preparation of the new Dutch Fiscal Policy. We presented policy recommendations, which we formulated based on input from Southern partners, focussed on promoting a better distribution of taxation rights and better involvement of the global South in global standard settings. This invitation is a result of a letter we have shared when the Secretary of State was appointed, which addressed our analyses of the coalition agreement and policy note.
Zimbabwe (8)
4.10 (1x) The Zimbabwe School of Mines invited ActionAid Zimbabwe’s partner ZELA to present its recommendations on a legal and policy framework for the gemstones sector during the launch of a Gemology Course, where the Minister of Mines and Mining Development was the guest speaker. Based on the recommendations made during the presentation, ZELA was chosen to assist the Ministry of Mines and Mining Development in the development of a national gemstone policy and a value addition strategy.
4.11 (1g) As a result of ActionAid Zimbabwe’s and partner ZELA’s report on illicit financial flows in the gemstones sector and the impacts on women, they were approached by two gemstone buyers working for the Minerals Marketing Corporation of Zimbabwe (MMCZ, 1) who wanted to source gemstones from women miners that were organised through the FGG project.
4.12 (1g) As part of the strategy to create regional and international networks, ActionAid Zimbabwe and partner ZELA were invited by the Association for Women in Energy and Extractives in Kenya (1) to speak as panelists in a session on ‘Sustainable gemstone and gold value chains – What’s in it for women’ at the Gems Africa 2022 conference. This led to interesting exchanges with other organisations on the topic of women’s participation, hopefully leading to further opportunities in 2023.
4.13 (2) The need to improve legislation and regulations in the gemstone sector was put clearly on the government agenda through lobby by ActionAid Zimbabwe and partner ZELA. As a result of multiple engagements, the Minerals Marketing Corporation of Zimbabwe (MMCZ, 1) in collaboration with the Ministry of Mines and Mining Development (1) are developing a database of gemstone miners as part of processes to formalize gemstone artisanal and small-scale mining operations. In addition, MMCZ published a list of its registered sub-agents to improve access to markets for the gemstone miners.
4.14 (1) As a result of ongoing discussions with ActionAid Zimbabwe and partner ZELA, the implementation of a National Action Plan on Business and Human Rights was put again on the agenda of the Zimbabwe Human Rights Commission. The ZHRC indicated that there is a need for broad-based awareness raising on business and human rights concepts in Zimbabwe and recommended a continuous engagement with the private sector and government to continue the process in 2023.
4.15 (2) Parliament (1) supported ActionAid Zimbabwe’s partner ZELA’s recommendations to include two policy processes related to mineral resource governance in the 2023 national budget plans, to ensure time and resources for the processes next year. The amendment of the Precious Stones Act was included. In addition, the Gemstone Policy was also included and discussed by the Parliament Portfolio Committee on Mines and Mining Development (1) during its presentation.
Zambia (1)
4.16 (1) The District Commissioner of Mufulira District, Zambia, acknowledged the need for fair compensation for community members affected by copper mining during a community meeting with women and youth from the area. Partner Green and Justice facilitated the meeting and brought the stakeholders together.
Bangladesh (42)
The Japanese development cooperation agency JICA and the MoPEMR (2) asked FGG for written inputs into the Bangladesh Integrated Energy and Power Master Plan (IEPMP). JICA and the MoPEMR had set up civil society consultation meetings for input into these plans, which AAB and partner the Life and Nature Safeguard Platform (LNSP) attended and contributed to, highlighting the need to include social and environmental safeguards as well as sustainability and climate considerations into energy related plans. After the consultation meetings, JICA approached AAB and AAB’s partner the LNSP to provide inputs in writing.
(20x) 15 media houses, including 10 key national level newspapers and online news platforms published a total of over 20 reports on how the Energy Charter Treaty (ECT) will negatively impact the power and energy sector in Bangladesh and on how CSOs are raising their voice to stop Bangladesh’s accession to the ECT.
(20x) Local and national media outlets published a total of over 20 reports on how communities and the environment are negatively impacted by the Payra, Rampal and Matarbari coal power plants. This included: …. AAB and partners have consistently advocated and raised awareness of the negative social and environmental impacts of the coal power plant projects in these areas. Since 2016, AAB and partners raised attention for these issues in the context of the Rampal and Matarbari coal power plants, Since 2022, AAB and partners work to address such issues in the Payra area too. AAB and partners do this through research, community mobilizing, awareness raising, support to HRDs and networks, training of journalists and national and international level networking amongst other things.
Kenya (7)
The National Land Commission (NLC), Non-State Actors on Land members, the Working Group on Implementation of the Community Land Act (WGICLA), and Ministry of Land and Physical Planning visited Yala Swamp after a series of engagements and social media campaigns with SCODA and AAKE for further fact finding and solidarity with the communities affected by the land grab in Yala Swamp by a sugarcane multinational. These field visits were important as they showed that certain state organs are in solidarity with the community, and able to engage with them in the field, and affirms that the government should listen to the communities’ voices. The field visits also showed that the petitions filed by community members had an effect. AAKE facilitated the initial visit by the NLC, Non-State Actors on Land and the Working Group on Implementation of Community Land Act. (4)
National media also published articles on the land grab, thereby setting the public and political agenda, as a result of sustained advocacy by AA and partners in 2022 (1).
The County Attorney attended for the first time a meeting organized by AAKE partner Nyarongi Paralegals on women’s rights to land and pledged the county government’s support moving forward. The county attorney pledged to make his office more available to assist in relation to widows’ rights and also introduce the AAKE partner Nyarongi Paralegals to their local court structure for legal assistance. AA’s partner contributed by facilitating the meeting (1, 1g).
In relation to the case where a salt firm in Marereni prohibited a community from accessing their grazing lands, national TV and radio covered the story extensively as a result of sustained advocacy by AA and partners in 2022 (1). See for more details on the case under indicator 6D. This was a result of active advocacy and lobby by AA ‘s partner in the course of the year.
Uganda (15)
In August 2022, the Ugandan Parliament through MP Brandon Kintu of Kagoma North Constituency discussed as a matter of national importance the non-standardized weighing scales used by the sugarcane factories, a practice that occasioned unfair pricing on the sugarcane farmers (1). The issue had been brought forward by farmer groups, supported by AAU’s partner NETPIL.
On 23rd November 2022, the Ugandan Parliament through MP David Livingstone Zijjan of Butembe County Constituency considered as a matter of national importance the failure and / or delay of the government to operationalize the Sugar Board as per the Sugar Act of Uganda. Both issues were referred to the Parliamentary Committee of Trade and Industry (1). The issue had been brought forward by community groups affected by sugarcane farming supported by AAU’s partner NETPIL.
The Sugar Act was put in place in 2020 to “provide for the development, regulation and promotion of the sugar industry; to provide for the establishment of the Uganda Sugar Board; and for related matters.” (https://ulii.org/akn/ug/act/2020/13/eng@2020-08-28)
As per this law, a Sugar Board is supposed to be established, mandated to mediate in conflicts, including conflicts between e.g. plantation owners and laborers, plantation owners and factory owners, or between factory owners and government. Any issues around human rights violations would ideally also be brought to the attention of the Board. However, that Board still has not been established.
National Television (NTV) Uganda and 4 other main media outlets (KFM and Ddembe FM radios, Daily Monitor and Chimp Reports) broadcasted TV items or published articles echoing ActionAid and partners’ concerns and recommendations in relation to the Kiryandongo land evictions. ActionAid participated in a press conference and TV talk show about the issue and had prepared a report and media briefings on the Kiryandongo evictions case.
https://www.youtube.com/watch?v=xjtnZhN0B74; https://nilepost.co.ug/2022/02/23/csos-ask-government-to-compensate-people-illegally-evicted-in-kiryandongo/; https://www.monitor.co.ug/uganda/news/national/30-000-evicted-locals-cry-to-govt-for-compensation-3729388; https://chimpreports.com/civil-society-tasks-govt-to-address-forced-evictions-in-kiryandongo-district/ (5)
The President of Uganda (1) invited and discussed the Apaa land conflict with the two main cultural leaders after they had requested his support . He agreed to their proposal of forming a Peace Task force without political leaders. ActionAid and partner had worked with the cultural leaders to support them in advocating for this plan.
The Ugandan Parliament put the Vinci Coffee Deal on their agenda (1), as a result of advocacy and lobby by women’s and other groups involved in coffee farming, supported by AA’s partner.
The Petroleum Authority of Uganda, the Ministry of Finance, the Ministry of environment and natural resources, and members of parliament from the Climate Change Committee, Legal Committee and Natural Resource Committees (6) discussed the implications for Uganda of acceding to the Energy Charter Treaty during an event organized by AAU together with SEATINI.
The Daily Monitor and KFM Radio raised awareness about the Energy Charter Treaty and its implications directly after attending a training event organized by AAU about the ECT (2)
During the land awareness week, the District Leadership of the Kigezi region, the Chief Magistrate and the Ministry of Lands, Housing and Urban Development (3, 3g) included AA’s recommendations on women’s property rights in their activity programme and facilitated focus group discussions for community members in the various sub counties of Kigezi on women’s land and property rights. Agenda items included land ownership by women, women’s inheritance of property, succession, and writing of wills. These sessions helped to fill the knowledge gap and equipped the community members with information regarding property ownership. Also, based on these sessions, 5 Community Development Officers (civil servants) initiated trajectories for continuous education on property rights in their communities. ActionAid, together with other Ugandan CSOs, contributed to this over the past years by advocating to raise awareness of women’s land rights and to promote the safeguarding of women’s land and property rights in Uganda, including in meetings with the government. See also: https://lbs.co.ug/2022/08/20/6th-land-awareness-week-to-be-held-in-south-western-uganda/
The Ministry of Lands (1) agreed for a review of the Land Act cap 227 by the Uganda Land actor’s platform on the latter’s request, with a view of amending the act. The proposed amendment, to be tabled to the ministry and a parliamentary committee in 2023, will strengthen the rights of lawful and bonafide occupants on registered land and curb illegal land evictions. This process was a result of sustained lobby and advocacy by the affected communities, supported by AA and partners, for several years. AAU also contributed to this by providing input in the CSOs proposals to be tabled before the Ministry of lands and the Parliament, and was part of the steering committee that drafted the final document to be shared with the ministry."
We aim for 40 key actors, including policymakers, politicians and media from Asia, Africa, Europe and Latin America (including Bangladesh, Guatemala, Kenya, the Netherlands, Uganda and Zimbabwe) to put FGG recommendations on their agendas. These recommendations will be for example about improved policies related to women’s land rights, fairer tax rules and gender-sensitive binding rules for businesses.
B
agenda-setting, momentum-building and increased support
4x
# of instances in which the recommendation a key actor puts on its agenda aims to contribute to expanding/defending civic space
Of these 39 key actors we aim for 10 (including members of Parliament and policymakers from Africa Asia and Latin America) to put an FGG recommendation on their agenda that directly contributes to defending and/or expanding civic space. These recommendations concern among other things proposals for including civil society actors in round tables and other platforms as well as ensuring the protection of (women) human rights defenders that disclose information about negative impacts of the operations of multinationals.
Of these 40 key actors, we aim for 13 (including members of Parliament and policymakers from Africa, Asia and Latin America) to put an FGG recommendation on their agenda that directly contributes to defending and/or expanding civic space. These recommendations concern among other things proposals for including civil society actors in round tables and other platforms, as well as ensuring the protection of (women) human rights defenders that disclose information about negative impacts of the operations of multinationals.
B
agenda-setting, momentum-building and increased support
4g
# of instances in which the recommendation a key actor puts on its agenda aims to contribute to gender justice
Of these 39 key actors we aim for 28 (including policymakers politicians and media from Asia Africa Europe and Latin America) to put an FGG recommendation on their agenda that contributes directly to gender equality. This agenda setting concerns among other things the need for a strong gender lens in the new draft text of the UN Binding Treaty as well as specific attention for the position of and impacts on women when new policies for the extractives sector are designed (such as a new policy for the gemstones sector in Zimbabwe).
Of these 40 key actors, we aim for 24 (including policymakers, politicians and media from Asia, Africa, Europe and Latin America) to put an FGG recommendation on their agenda that contributes directly to gender equality. This agenda setting concerns, among other things, the need for a strong gender lens in the UN Binding Treaty, as well as specific attention for the position of and impacts on women when new policies for the extractives sector are designed (such as a new policy for the gemstones sector in Zimbabwe).
C
governments increasing democratic decision-making
5C
# key actors who support and/or promote FGG policy/practice recommendations
Netherlands (7, 1x)
Result 5C.1
(1) Four political parties (SP, GroenLinks, PvdA and PvdD) invited ActionAid Netherlands for meetings to discuss the recommendations that we put forward in a position paper ahead of a debate on tax avoidance. The parties raised questions to the Minister of Finance during the debate and put forward our recommendations on additional unilateral measures as well as a more progressive position of the Dutch government in international tax revision processes.
Result 5C.2
(1) The Commissie Doorstroom Vennootschappen, an official commission of external experts and one expert from the Dutch Revenue Services, invited ActionAid Netherlands to compose a discussion paper and present it during a hearing. As a result, the Commission wrote and presented a paper to the government that includes several of ActionAid's recommendations on limiting shell companies in the Netherlands.
Result 5C.3
(1) The evaluation department of the Ministry of Foreign Affairs (IOB) invited ActionAid Netherlands and Southern partners to provide input for their research on the impacts of Dutch tax policies on countries in the global South. The report that IOB sent to the Dutch government reflected a lot of the recommendations made by ActionAid and partners to better reflect the position and needs of countries in the Global South.
Result 5C.4
(1) Seven political parties (PvdA, GL, SP, PvdD, CU, Volt and Piratenpartij) signed the tax manifest of Tax Justice Network, including ActionAid, committing themselves to putting forward progressive measures in the government formation process to curb tax avoidance.
Result 5C.5
(1) Six political parties (GL, PvdA, D66, PvdD, Volt and SP) filed a motion calling on the government to investigate how to adapt the current climate finance systems to maximally benefit the least developed countries. This motion was adopted. This flowed from a series of email exchanges with ActionAid and conversations with some of the filing parties.
Result 5C.6
(1) Following a joint meeting of NGO’s (including ActionAid) addressing the lack of access for civil society and marginalized groups (especially women from the global South), the Dutch delegation at COP lobbied the COP presidency to improve this (1x).
Result 5C.7
(1) Following prolonged efforts by ActionAid and others calling for the need to increase climate finance, the new government has pledged a structural increase of 500 million per year for foreign aid targeting climate change and Covid-19.
Kenya (7, 5g)
Result 5C.8
(1) The Environment and Land Committee of the Taita Taveta County Assembly (1) indicated in a report that the Zunglukani Community should not be evicted and that the land should be given to the community. This was a result of their meeting and factfinding mission with AA Kenya’s partner on the threats of land grab in the county. The partner had requested to meet the committee to share with them a report on the evictions and land grab threats in the county. This report was adopted by the Assembly and the report’s recommendations integrated into its policy plans.
Result 5C.9
(1) The Taita Taveta County Assembly issued a position against evictions in the county (1) when they adopted recommendation made by AA Kenya partner on the issue. This was incorporated into the Assembly’s order paper and debated during the Assembly’s sessions. With local politicians being against land grabs, communities will have their support and protection whenever such matters do happen, and it is a first step to making the county government even allocate resources for communities’ victims of eviction. This happened after AA Kenya’s partner had shared a report on the topic with the Assembly during an awareness raising meeting on evictions with the Environment and Land Committee of the Assembly, who later requested them to share the same report with the entire Assembly.
Result 5C.10
(1) In Nyokal, the local administration (1) supported a process in which a group of women attempted to secure their tenure rights to land. The women had been facing evictions by their in-laws and ultimately disinheritance. The local administration had worked together with the council of elders and AA Kenya’s partner to support the women in so called alternative dispute settlement processes. The fact that the local administration collaborated in this process is significant because those that perpetrate and condone such behaviours will know they risk being arrested and charged (1g).
Result 5C.11
(3) Three land governance structures in the Mui Basin in Kitui accepted to conduct elections aimed at electing more women to leadership positions. They are Katikoni (1) and Malatani (1) Land Survey Committees in Zombe, and Kaliku Land Survey committee (1) in Mutitu/Kaliku ward. This happened after AA Kenya’s partner’s advocacy work and capacity building of 16 women from various land governance structures (including the County land department, National Land Commission, Ministry of Land and Physical Planning, and various community land adjudication committees), with technical support from AA Kenya and the Kenya Land Alliance. Land Survey Committees are community structures set up by the government to assist and work with government surveyors during land adjudication and allocation procedures. It is significant that these governance structures aim to have more women in leadership positions, as this is expected to contribute to safeguarding women’s land rights (3g).
Result 5C.12
(1) The County Government of Kitui, department of land (1) approached AA Kenya’s partner to jointly organize awareness raising fora in communities on women’s property rights. This is a result of the partner’s sustained awareness raising work on this matter over the past years. It is significant that the county government approached the organisation, and this demonstrates their real intention to work for promoting women’s land rights in the county. Three joint forums were held in Kaliku, Kimongo and Mwitika villages (1g).
Uganda (2, 1x, 1g)
Result 5C.13
(1) The Ministry of Lands, Housing and Urban Development and Ministry of Gender, Labour and Social Development on 30th June, 2021 adopted a ‘women land rights agenda’ (1g) that civil society and women’s groups had jointly developed, with 10 demands to safeguard land rights for women. The Women Land Rights Agenda also contains recommendations for the actions the government should take to protect the affected communities. The Minister of Land committed to implement and fund the recommended actions for the next 5 years. ActionAid Uganda provided inputs on issue 3 on Illegal land evictions (Pg20-22) related to land grabs in relation to large scale plantations, as well as information for the demands focusing on corporate accountability, free, prior, and informed consent (FPIC) in land deals, and compensation; funded the launch of the agenda during a Women Land Rights conference that brought together all land actors in Uganda. ActionAid Uganda will work closely with the Ministry to track progress of the demands as formulated in the Agenda (1g).
https://www.newvision.co.ug/articledetails/111867,
Result 5C.14
(1) In 2021, 5 members of parliament in Uganda committed to voting for the passing of the Human Rights Defenders bill (1). This happened after AA Uganda’s partner held a meeting with members of parliament from the sugar cane plantations areas and lobbied for the passing of the Bill. This Bill will help protect civic space and the freedoms of human rights defenders across the country. This is relevant in Uganda’s plantations where various rights violations have been observed, such as grabbing of land and eviction of communities to make way for the plantations, destruction of houses and crops, intimidation and harassment of those trying to protect their assets and stand up against these practices, but also exploitation and harassment of workers in the plantations. After the meeting, It was through the training that the MPs came to appreciate the essence of the Bill. They also requested the partner to train them on the UN binding treaty on Business and Human rights which will help them advocate in parliament for the passing of the HRD bill. This training was undertaken and AA and the partner will follow up with the MPs in 2022. AAU contributed to this activity through funding the partners of the partner organisation (1x).
Guatemala 5C (1g)
Result 5C.15
(1) The office of the Human Rights Ombudsman (1) visited the Northern Lowlands (Guatemala) as a result of the communities, organized in CTM, the Movement in Defense of the Water, and AAGua recommending this visit to discuss the differentiated impacts on women caused by palm oil plantations in the region. In 2022, we expect the launch of the report containing their observations and recommendations to improve the situations. Especially considering land and water rights for women. This result is a major win for women and their communities in the Northern Lowlands. The dynamics of forces and power in this region are very complex, but bring to light how no official institution is interested in (women) human rights violations and negative impacts of (transnational) corporations. The Ombudsman and his team visiting the area show, for the first time, serious interest in the challenges (indigenous) women and their communities face. It also shows support of the work we are doing and are planning to do. (1g)
We aim for 24 key actors including Ministries of Energy Land Finance Environment and Mining in Kenya and Uganda and the Dutch government to support and promote FGG recommendations including support for adherence of existing safeguards to protect (W)HRDs the review of the Community Land Act in Kenya and by committing to stop all Dutch fossil fuel subsidies to protect the environment.
"The Netherlands (7)
5C.1 (1g) The Dutch government has committed to develop and adopt a Feminist Foreign Policy. ActionAid together with other organisations has actively promoted the adoption of such a policy via meetings with policymakers, politicians and via the dissemination of a position paper.
5C.2 (1g) The Ministry of Foreign affairs has invited ActionAid to contribute to the development of the Feminist Foreign Policy. ActionAid as well as our Southern partners (Bangladesh & Zimbabwe) provided input via several physical and online consultations. Several recommendations have been adopted by the Ministry in the first draft of the handbook.
5C.3 (1) The Dutch government as well as the other OECD countries have voted in favour of a United Nations (UN) tax convention, that calls for the UN to take on a leading role in the field of global tax policy. ActionAid has been pushing for Dutch support for more UN leadership in tax policy development for years, in lobby meetings with policymakers, policy papers and media engagements. This step can be seen as a first move in a process towards more democratic decision making on international tax legislation. Together with Southern partners we have been pushing for the UN as a more democratic alternative to the OECD Base Erosion and Profit Shifting process.
5C.4 (1) The Minister of Foreign Trade and Development Cooperation has in the new development policy continued activities against tax avoidance, in line with our recommendations. In addition, the new Dutch Policy Coherence Action Pan does, as ActionAid promoted, continue to focus on tax as a key issue. ActionAid was invited by the Ministry of Foreign Affairs to provide input in an expert panel for the new aid and trade & policy coherence agendas on the topic of illicit financial flows, which include tax avoidance. In addition, ActionAid provided recommendations to politicians and the government to address tax avoidance through the Netherlands in the global South. Our position on tax justice is informed by our Southern partners in the FGG alliance and the ActionAid federation.
5C.5 (2) The Socialist Party has put forward motions requesting the government to use the UN model treaty in current and future tax treaties with countries from the global South, in line with ActionAid's recommendations, as well as a motion calling for measurable indicators to assess the progress in tackling tax avoidance. Together with our Southern partners (for example from Uganda) ActionAid Netherlands has been pushing for fairer tax treaties.
5C.6 (1) In October 2022, Dutch Climate Minister Jetten announced that the Netherlands would withdraw from the Energy Charter Treaty. ActionAid as part of Handel Anders contributed to the lobby urging him to withdraw from the Treaty as it is not in line with the Paris agreement.
Kenya (5, 1g)
The County Government of Kitui agreed to incorporate Kitui CSOs into their Climate Change Technical Working Group towards enhancing climate justice at the county level and through the Climate Change policy, will promote inclusive decision making while protecting communities from environmental violations. ActionAid and partner had advocated for inclusion of the CSOs in the group (1)
The National Environmental Compliance Committee announced they would conduct a public engagement forum in 2023 on limestone mining upon complaints and a demand letter from the Twimwuma community in Mwingi, supported by AA’s partner (1, 1x)
The County Government of Taita Taveta invited AAKE’s partner TTHRW to represent the communities and share their aspirations to be considered for inclusion for the Department of Land, Environment and Natural Resources into the Taita Taveta County Integrated Development Plans (2022-2027). This happened after AA’s partner TTHRW had presented a petition to the county government on budgetary allocation to the 2 departments (1).
In Homabay, the County Attorney held a public forum that allowed disenfranchised women a safe space for speaking out against violations of their rights to land (1, 1g) This happened after advocacy by AA’s partner for support to such women .
The National Gender and Equality Commission, through the Department of Gender and Social Services of the County Government of Taita Taveta implemented AA and partner’s recommendation to set up targeted awareness raising events for widows on matrimonial and succession laws, to enable more women to know about their rights to inheritance, to own land and to safeguard these rights. ActionAid and partners had lobbied for such awareness raising sessions to be held. in order to amplify the campaign and gains on women land rights. AAKE’s partner TTHRW were the facilitators during the joint sensitization forums with the National Gender and Equality Commission. AA’s partner is advocating towards the Commission for making this a structural activity, to be implemented again in 2023 and thereafter (1, g)
Uganda (3)
A representative of the Petroleum Authority of Uganda, as well as the chairperson and the vice chairperson of the Natural Resource Committee of the Ugandan Parliament (3) supported FGG’s recommendations for Uganda not to enter the Energy Charter Treaty. This was clear from statements they made during workshops organized by ActionAid in July and August. During a follow up meeting to validate a research report on the ECT developed by AAU, the PAU official declared that he had engaged with a commissioner from the Ministry of Energy on the ECT and they had said in camera that Uganda will not sign the ECT. The chairperson and vice chairperson of the parliamentary Natural Resource Committee stated that they would use the study to support their arguments [against ECT] in parliament."
We aim for 21 key actors, including the Kenyan Ministries of Land and Energy, the Ugandan Ministry of Gender, Labour and Social Development, the Inter American Commission on Human Rights, the Bangladeshi Ministry of Power, Energy and Mineral Resources and the Dutch Ministry of Foreign Affairs to support and promote FGG recommendations, including support for respectively women’s land rights and community land rights in Kenya, for Free Prior and Informed Consent for women and their communities in Uganda, for a complaint concerning the violations of women’s rights in a mining area, for our alternative energy transition policy, and for gender-responsiveness in climate finance.
C
governments increasing democratic decision-making
5Cx
# of instances in which the supported and/or promoted recommendation by a key actor aims to contribute to expanding/defending civic space
8 of these 24 key actors -policymakers from Kenya - will increase their support for the promotion of accountability and upholding of human rights principles by the state through the promotion of strengthened application of safeguards to protect human and women’s rights defenders. This will allow (W)HRDs and CSOs to be included in democratic decision-making platforms.
10 of these 21 key actors, such as the Ugandan Parliament and Kenyan Ministries of Labour and Land, will increase their support for the promotion of accountability and upholding of human rights principles by the state through the support for a Social Impact Assessment Bill which will provide a platform to negotiate for women and their communities who are impacted by business activities in Uganda, and support for inclusion of a diverse group, especially women and young people, in labour and land decision-making processes in Kenya.
C
governments increasing democratic decision-making
5Cg
# of instances in which the supported and/or promoted recommendation by a partner aims to contribute to gender justice
12 of these 24 key actors -including decision-makers from Bangladesh Kenya and the Netherlands- support recommendations that are aimed at contributing to gender equality such as the recognition of women’s labour and equal treatment of men and women working in the trade and investments value chains and our ask for a feminist foreign policy and gender sensitive climate finance.
14 of these 21 key actors -including Kenyan county governments, the Ugandan Ministry of Land, the Bangladesh Law Commission and the Dutch Ministry of Foreign Affairs- will support recommendations that are aimed at contributing to gender equality, such as promotion of gender-responsive public services, equal land rights for women, support for a women’s land rights framework, and access to climate finance for women in the Global South.
C
governments increasing democratic decision-making
6C
# instances in which key actors adopt and/or implement FGG policy/practice recommendations
Guatemala (1, 1g)
Result 6C.1 (practice change)
(1) The Community Development Council (COCODE / local authority) (1) structurally includes women in their meetings about water and land, as a result of women demanding their participation in these discussions. These meetings about land take place every 2 months, and the meetings about water take place when a problem occurs. ActionAid Guatemala and their implementing partner CONGCOOP contributed with trainings and strategic support. We provided space for the women, to learn how to advocate at the local level. In the communities, information about the situation of the land and other natural resources is usually handled by community authorities, which are mainly men. This is why women and the differentiated impacts they face are not considered. Therefore, it is relevant that women demand their inclusion in discussions and action strategies to resolve the land and water situation in their communities. This is an important first step towards justice and gender equality. Unfortunately, the perspective of women is still not taken into account when making decisions. (1g)
Netherlands (2)
Result 6C.3 (policy change)
(1) The new Dutch tax treaty policy 'Nederlands Fiscaal verdragsbeleid' has been adopted and is being implemented by the Dutch Ministry of Finance. This policy contains improvements for countries in the Global South when it comes to source taxation, derived from the UN model treaty convention. ActionAid Netherlands has advocated for adoption of the UN model treaty as a minimum for years.
Result 6C.4 (policy change)
(1) The European Union has adopted and started implementing the Country-by-Country reporting in 2021. ActionAid Netherlands, together with Tax Justice Network Netherlands and Europe, actively lobbied for public Country-by-Country legislation in the EU. This legislation will improve fiscal transparency of multinational companies, important in the fight against tax avoidance.
Kenya (6, 3g)
Result 6C.5 (practice change)
(1) In Marereni in Kenya, the Kilifi Magistrate court issued a moratorium (1) to salt firms stopping further developments in any lands they had claimed. thereby stopping an eviction threat in Kinyauel village. This happened because community groups together with AA Kenya’s local partner had been successfully undertaking a public interest litigation process against the salt firms, despite attempts by the companies to intimidate the community and HRDs. The litigation process seeks to address a variety of injustices over the years, such as land grabs, forced eviction, denying fishermen access to landing sites and blocking access to the beaches, and environmental violations including air pollution, pollution of fresh water sources, and destruction of natural fish breeding sites due to the operations of the salt companies. The community is supported in this process by the partner through trainings, joint strategizing, and hands-on advice. After the partner had hosted an interactive talk show on the matter in early 2021, 10 community members came forward and wanted to become witnesses in the process and three advocates who come from Marereni showed interest into the matter and requested to be part of the legal team.
The community indicated that it is because of their constant engagement with AA Kenya and the partner that they have the knowledge and capacity to speak out against the injustices caused by the salt firms and to defend their rights. This result is significant in a country where land grabs are rampant and increasing, with devastating impacts on often poor communities, and where corporate impunity for such acts is rife.
Result 6C.6 (practice change)
(2) The Ministry of Education (1), Ministry of Land and Physical Planning and the County Government of Kilifi, land department (1) have changed government bureaucratic practices of withholding information by issuing data as requested by ActionAid Kenya’s partner and sending surveyors for factfinding into the field as requested in Taita Taveta and Kilifi counties. This happened after the partner’s request for information in the context of their anti-land grab campaign. The information concerned a school which would be affected and the partner requesting on behalf of 4 communities that the Ministry and County government send government surveyors to work with the communities on identifying their lands.
Result 6C.7 (practice change)
(3) In 2021, 3 local land governance bodies in Taita Taveta and Kitui (3g) counties actively safeguarded women’s rights to land. The women held women sensitization trainings for a in communities and offered mediation services. In Taita Taveta, women members of these bodies were able to stop land transfers where women had been left out of the sales transaction by their husbands. In Kitui, the bodies assisted to resolve land conflicts where widows were being disinherited by their in-laws. This happened after AA Kenya’s partners had supported and trained the women on women’s land rights. The women said that they had earlier lacked the courage to speak out against injustice to protect women’s land rights but now felt confident. AA Kenya contributed including by jointly strategizing with and providing activity funding to the partner organisations (3g).
Uganda (1)
Result 6C.8 (policy change)
(1) The parliament of the Republic of Uganda adopted a CSO recommendation (1) shared by the tax justice alliance during the process of reviewing the annual Tax Bills for FY 2022/23. The Parliamentary Committee on Finance, Planning and economic Development adopted a CSO recommendation for Government to study the tax exemption proposals with the objective to establish criteria for companies to qualify for tax exemptions. This will help the country to reduce revenue losses due to the many tax exemptions, especially those given to foreign investors. This measure is important as this is expected to contribute to increasing Government revenue and ensuring that revenues that would have been lost through tax exemptions are secured and re-directed to sectors especially health, education, water and sanitation that are critical for the wellbeing of women. This outcome was as a result of the CSOs tax justice alliance retreat to review the annual tax bills for FY 2021/22 which was organized by SEATINI and funded by ActionAid Uganda.
Zimbabwe (1, 1g)
Result 6C.9 (practice change)
(1) The Mutoko Rural District Council (RDC) improved its social service delivery by providing gender-responsive public services as a result of active lobby by ActionAid Zimbabwe, partner ZELA and other CSOs. The RDC requested devolution funds from the national government as part of revenue sharing arrangements put down in the government, which AA and ZELA had brought under the attention of the RDC. The RDC used these funds to construct a clinic for maternal healthcare, among others. The efforts received national media attention and praise from the Deputy Minister of Information (1g).
We aim for 16 instances in which key actors including County Assemblies in Kenya policy makers in Uganda and the Dutch Ministry of Finance change their policies and/or practices e.g. by blocking involvement in the Energy Charter Treaty as a result of FGG’s lobby efforts to emphasize the negative and substantial impacts of private sector actors in the ECT and by including women’s rights in Dutch tax policy.
"The Netherlands (2)
(1pol)6C.1 (1g) The Dutch government published its International Climate Strategy which included multiple recommendations provided by ActionAid and other NGOs, including the commitment to increase climate finance to 1.8 billion, a strong gender lens and the importance of extra funding for adaptation. These recommendations were shared with the government through joint letters and lobby meetings. However, the policy does not provide any concrete measures that the government will take to implement this strategy. The coalition of which ActionAid is a part (which also includes FGG Alliance members Both ENDS and Milieudefensie) will therefore continue its advocacy efforts to ensure proper implementation of this strategy.
(1pol) 6C.2 (1) At COP27 all countries agreed to establish a Loss and Damage Fund to ensure fair compensation for the negative impacts of climate change. ActionAid together with other civil society organisations pushed hard for this before and during the COP. In the Netherlands, ActionAid organized the Climate Justice Summer School. The twenty participants actively lobbied towards the Dutch government to vote in favour of the Fund, resulting in several commitments before the COP.
Bangladesh (3)
(1pol) The government of Bangladesh (1) decided to cancel plans to construct a 3.6 GW LNG-fired power plant and an LNG terminal at Payra, located in the southern district of Patuakhali. The project was being developed by the North West Power Generation Company Limited (NWPGCL), a state-run power company, together with German multinational Siemens AG. In 2020, a multilateral agreement was drafted with US energy giant Excelerate Energy and China National Machinery Import and Export (CMC) to build an LNG terminal for the power plant. ActionAid Bangladesh supported partners and launched a campaign against the government’s decision to set up LNG power plants. In addition to this, ActionAid Bangladesh’s local partners mobilized and strengthened the capacities of affected communities who lost their land and livelihood due to the land acquisition accompanying the project. Furthermore, CSOs created evidence through studies and media reports that LNG will be highly expensive and not feasible for the country energy security. The combined pressure of all these campaigning and lobby actions led to the government cancelling the construction of the plant.
(1prac)A local Union Parishad (government body) adopted an FGG recommendation (1) to formally register families of landless people and provide them with ‘landless certificates’. As a result, the government body enlisted 80 landless families and provided them with landless certificates (1). This is important, because the landless certificate enables these poor households to obtain government khas land. Khas land is government owned fallow land, available for allocation according to government priorities. This happened as a result of FGG’s advocacy with this government body. ActionAid and partners had held a meeting and written letters to the local government.
(1prac)The Mongla Port Authority in the South West of Bangladesh stopped works (1) in an area where a river was dredged and where the agricultural land was being covered with the dredged sand, thereby making the land unusable. As a result, 330 acres of agricultural land were safeguarded for use by the community in the area. This happened as a result of community advocacy led by Khulna Poribesh Surokkha Mancha, a community organization supported by AA Bangladesh through joint strategizing.
Kenya (10, 4g)
• (1prac)GOVERNMENT LAND COMMISSION RECOGNIZES COMMUNITY LAND FOR 800 HOUSEHOLDS
In Kilifi, the National Land Commission (NLC) officially handed over 9,000 acres of land in Marereni for the settlement of approximately 800 households. This was in response to advocacy work by community members supported by AA Kenya’s partner Malindi Rights Forum (MRF). The land had been left out of the Community Land Register, that was set up under the 2016 Community Land Law to formally designate portions of land as community land. The land now being officially designated as community land will provide protection against the rampant land grabs by e.g. agribusinesses in this area and allover Kenya, or e.g. land purchase for speculative purposes. Tenure security now allows the community to productively utilize their land for cultivation, grazing livestock, or for any kind of further development in their interest, without fear of eviction. During an awareness raising session organized by ActionAid’s partner MRF, community members had asked MRF to write to the Country Government of Kilifi, the Ministry of Land and the National Land Commission on the status of this case, and to speed up the procedure and ensure registration of the land as community land, as a ruling was still pending. MRF also facilitated a meeting with the community and adjudication officers from the county. After a few months, the National Land Commission wrote to the county government surrendering the lands back to the community (1).
• (1prac)In Taita Taveta, the Taita Taveta Land Board stopped 4 eviction threats to widowed women where land had been sold unlawfully to corporate investors at the detriment of widows, thus denying them access and control of these lands including for farming activities for livelihoods (1, g). This happened after a training that AA’s partner TTHRW had undertaken with the Land Board.
• (1prac)The Kitui County land board stopped 3 land grabs where land had been sold unlawfully to corporate investors at the detriment of widows, thus denying them access and control of these lands including for farming activities for livelihoods (1, g)
• (1prac)In Homabay County, The Ministry of Land and Physical planning recalled 5 land title deeds of 5 widows that had been issued wrongly to others. They were assisted by a pro-bono lawyer through AAKE’s partner Nyarongi Paralegals. This is significant because many women and especially widows still lack tenure rights for lack of information on succession land and claiming of other assets. This happened after AA Kenya’s partner Nyarongi Paralegals organized 3 trainings on succession rights that was facilitated by the Homabay county attorney, local chiefs (1, g).
• (1prac)Ndhiwa Court awarded land rights to widowed women who had been dispossessed for lack of documentation. They were assisted by a pro-bono lawyer through AAKE’s partner Nyarongi Paralegals (1, g).
• (3prac)In Marereni, the County Government of Kilifi, Coast Water Board and Malindi Water and Sewerage Company (government body) completed for the first time the reticulation of water to Marereni after demands from the community, and now they have access to clean and safe water for domestic use, as part of their campaign against salinized water sources caused by the salt firms in the area. The fresh water provision has assisted in reducing the burden of care for women and children in terms of time taken to fetch water, and accessibility to safe and clean water. In 2021, the community had campaigned for this to be factored into the 2022 county budget, which the county had accepted, making this practice change possible (3). They had been supported by AA’s partner in trainings on budgeting and on advocacy, enabling them to carry out their successful campaign (3).
• (1pol)The Kitui County Executive Committee reviewed and approved the Kitui Climate Change Policy as well as the drafting of the County Climate Bill from this policy. This happened through a collaborative exercise with AA’s partner CHRCE, and as a result of sustained advocacy by AA’s partner to develop and finalize the policy. As an example, Kitui County incorporated FGG’s recommendations on climate change mitigation, including environmental degradation and pollution, and the polluter pays principle into the policy. Climate change requires not only resilient communities but also policies that will assist governments to protect them from further exacerbating impacts, thus counties need to domesticize legislations that will clearly work for the community and allocate public funds to it, by anchoring this into these legislations. AA’s partner offered technical and financial to the review process. There were 4 meetings held between the county’s technical committee and the Kitui CSOs Network. This was upon a request from the County Government of Kitui (1).
• (1pol)The Kenya National Commission on Human Rights undertook a fact finding mission to Kajire community in Taita Taveta, in response to advocacy from the community groups supported by AA’s partner TTHRW, and as a result of the fact finding mission, included the Kajire community into the Community Lands register (1).
Uganda (6, 1x)
(1prac)In February, the president of the Republic of Uganda issued a directive stopping any evictions in the country in cases where the District Security Committee (a local government oversight body) and the Minister of Lands are not involved. This happened in the context of the past and ongoing massive land grabs and forced evictions in the country by e.g. large foreign agribusinesses running plantations. For example, in the Kiryandongo area in Western Uganda, massive land grabs for foreign plantations have taken place since 2017. These plantations grow sugarcane, soy beans, sunflowers, maize and coffee and they have been causing a disaster for over 30,000 families. People were evicted from their homes and farmlands, homes and schools were destroyed, and people were left landless, homeless and facing starvation. ActionAid, as part of the Land Rights Now platform, campaigned on the large-scale evictions, including by raising awareness on this issue on national TV. The official directive by the president was issued against this background (1, x).
(3prac)The Alebtong District Chairperson, the Alebtong Resident District Commisioner (RDC), as well as the representative of the District Land Board (3) (supported the demands of the Alebtong community against the National Forestry Authority (NFA), and ordered the apportioning of land between the two parties in conflict. Following the meeting convened by the Alebtong District Chairperson to address the demands of the Alebtong community against the National Forestry Authority (NFA), NFA was allowed a portion of the land and the rest of the land was left to the District, pending further resolution on who should hold occupancy as the District and Community continue to use the land. This happened after an Alebtong community group, supported by AA’s partner, had requested the local authorities for a solution to the conflict. Their capacities had been strengthened on movement building, community organizing and use of direct actions for lobbying and advocacy by FGG partner (Action Alliance).
(1prac)In May 2022, Parliament (1) directed the government to terminate the contested Vinci Coffee deal, a trade agreement with Vinci Coffee Company Limited. This is an agreement in which the Uganda Vinci Coffee Company Limited would retain exclusive rights to buy all Uganda's coffee, and enjoy various other benefits including tax waivers, electricity subsidies and a constant supply of water, and would have the right to unilaterally determine coffee prices in Uganda. The signing of the agreement in February 2022 led to a public outcry, especially among coffee farmers, cooperatives, dealers, and politicians. With the support of ActionAid, the Mubende women coffee farmers, Mbale women coffee farmers, Mbale women coffee exporters and Bugisu coffee cooperative had strengthened their capacities to interpret this agreement and subsequently advocated and campaigned against it.
(1pol)The President of Uganda (1) invited and discussed the protracted Apaa land conflict with two leaders of communities affected by the conflict. He agreed to the proposal of forming a Peace Task force free of political leaders and this has since been put in place. The communities involved had advocated for this solution, with support from ActionAid and partners.
"
C
governments increasing democratic decision-making
6Cx
# of instances in which the adopted and/or implemented policies/practices by key actors contribute to expanding/defending civic space
In 9 of the 16 instances of policy or practice change government bodies at various levels will implement FPIC and VGGTs – which ensure enhanced involvement of women and their communities in land governance - to expand civic space and protect human and women’s rights in Kenya.
C
governments increasing democratic decision-making
6Cg
# of instances in which the adopted and/or implemented policies/practices by key actors contribute to gender justice
In 14 of the 16 instances of policy or practice change government bodies at various levels will integrate women’s rights and gender inclusive measures in Kenya and the Netherlands. For example we aim for the Dutch government adoptinf a feminist foreign policy and Kenyan government bodies at various levels will implement FPIC and VGGTs – which ensure enhanced involvement of women and their communities in land governance - to protect women’s rights.
D
governments regulating the private sector
5D
# key actors who support and/or promote FGG policy/practice recommendations
Guatemala (1)
Result 5D.1
European Parliamentarians (1) supported and promoted our recommendations in an announcement towards the European Parliament. We recommended to include FPIC in the nickel mines in the Northern Lowlands of Guatemala, owned by corporate FENIX. This is a result of ActionAid Guatemala working together with Protection International (European CSO) and Fundacion Guillermo Torriello (Guatemalan implementing partner). We worked together on the dissemination of information, knowledge, and analysis of what is happening in El Estor community regarding the consultation on the operations of the mining company.
Netherlands (13, 7g)
Result 5D.2
(1) As a result of ActionAid Netherlands’ active involvement and engagement, the Social and Economic Council included our recommendations on gender-responsive due diligence in the official text of the multistakeholder sector agreement on Renewable Energy (1g).
Result 5D.3
(1) In March 2021, four Dutch political parties (ChristenUnie, GroenLinks, SP and PvdA) submitted an initiative legislative proposal on mandatory human rights due diligence in Parliament. This legislative proposal is the result of the long-term joint advocacy efforts of ActionAid Netherlands together with a coalition of CSOs through the MVO Platform. In the last consultation round on the proposal ActionAid made concrete recommendations on the inclusion of the gender dimension in the proposal, leading to the inclusion of differentiated impacts of human rights abuses on women as overarching principle in the guidance note (1g).
Result 5D.4
(1) On the 10th of March 2021, the European Parliament voted in favour of the Due Diligence & Corporate Accountability Legislative own-initiative report. The report recognises the need to include a gender-perspective due diligence. This report is the result of the long-term joint advocacy efforts of ActionAid Netherlands together with a coalition of CSOs in Brussels. ActionAid actively reached out to Dutch MEPs to gain support for the report (1g).
Result 5D.5
(1) The Dutch Minister of Foreign Trade and Development Kaag published her appreciation of the 2nd revised draft of the UN Binding Treaty on Business and Human Rights. In the appreciation Kaag commits to actively push for the EU’s involvement in the treaty process and positively evaluates the gender dimension in the treaty draft text. As a follow-up on this commitment the Minister send a letter to the EC together with 15 like-minded EU member states to request a joint EU negotiation mandate. ActionAid Netherlands together with SOMO, IUCN, Milieudefensie and WO=MEN ensured a request for the appreciation was submitted by Parliament (1g) (possible double counting SOMO and Milieudefensie).
Result 5D.6
(1) The new government's coalition agreement between VVD, D66, CDA and ChristenUnie includes a commitment to develop national due diligence legislation. As a result of ActionAid Netherlands’ continued campaigning and lobbying together with MVO Platform and other CSOs, we generated public pressure by publishing several op-eds to support this ask and a joint petition with more than 40,000 signatures was handed over to parliament (ActionAid contributed over 1,200 signatures from its Manganese campaign to this petition). This led to the Dutch Minister of Foreign Trade and Development publishing progressive Building Blocks for mandatory due diligence legislation, the Minister committing to develop national legislation, culminating in the inclusion of national due diligence legislation in the new government’s coalition agreement (possible double counting SOMO and Milieudefensie).
Result 5D.7
(3) Three government delegations (EU, Palestine, Panama) included Feminists for Binding Treaty's gendered recommendations during the negotiations for a UN Binding Treaty on Business and Human Rights as a result of active advocacy of Feminists for a Binding Treaty, together with 10 ActionAid Offices (Bangladesh, Ethiopia, France, Ghana, Guatemala, Kenya, Netherlands, Nigeria, Uganda, and Zimbabwe) through specific article-by-article recommendations in 11 oral statements.
Result 5D.8
(2) In March 2021, the OECD and the FAO published the guidance “INTEGRATING A GENDER PERSPECTIVE INTO SUPPLY CHAIN DUE DILIGENCE” in relation to the OECD-FAO Guidance for Responsible Agricultural Supply Chains. ActionAid Netherlands in collaboration with OECD Watch actively encouraged the production of this note and provided comments and edits on the integration of a gender lens in due diligence. The note references the ActionAid publication “We Mean Business” for further reading on the topic (2g).
Result 5D.9
(1) The Ministry of Foreign Trade and Development included a strong gender lens within pillar 1 of its draft revised National Action Plan on Business and Human Rights. This was recommended in the National Baseline Assessment after ActionAid Netherlands participated in the consultations on this and stressed again during the Ministry’s consultation round in July by ActionAid together with WO=MEN (1g).
Result 5D.10
(1) FMO, following a consultation with civil society including ActionAid, strongly improved their proposed policy for divesting from fossil fuels. These improvements included aligning their investments with the Paris Agreement and significantly stricter regulations for when gas investments can be labeled as a transition fuel to green energy systems. They also limited the implementation time to 5 years (possible double counting BE and/or others).
Result 5D.11
(1) Interventions led by our partner Both Ends (and supported by ActionAid in public letters and calls) resulted in a commitment by the Dutch government to stop all fossil fuel support by Export Credit Agencies in the Netherlands (double counting BE).
Kenya (2)
Result 5D.12
(1) In Siaya County, the Lake Basin Development Authority (1) requested the Environment and Land court to look into the wrongful allocation of land in the Yala Swamp by the National Land Commission and the County Government of Siaya. This happened after AA Kenya’s partner shared with them a petition against the allocation. Lake Basin Development Authority also wrote to Lake Agro ltd and National Land Commission urging them to resolve historical land injustices issues that had impacted heavily on the Yala Swamp community. Lake Basin Authority is a government organ that identifies agricultural and other investments potentials in the western part of Kenya. The community had given it the Yala Swamp to utilize and manage it on their behalf, in the early 1970s.
In 2021, the community was notified through a gazette notice of 3,700HA of land being awarded to a large-scale investor for a sugar cane plantation, constituting a massive imminent land grab. AA Kenya partner in the area and other local CSOs acted swiftly, and lodged petitions intended to stop the matter. The communities living around the swamp with the technical and financial assistance of AA Kenya petitioned the NLC and CGS demanding that they stop the award and work towards registering the swamp as community land. The petition was also shared with several government entities as interested parties like the Ministry of Agriculture, Ministry of Water, Ministry of Land and Physical Planning and the National Environment Management Authority. The community also filed a case in the environment and land court seeking for an injunction on the notice and award of the land, a prayer which the courts agreed to – The matter commenced full hearings on 31st January 2022. AA Kenya and members of the Land Non-State Actors, (former members of the Friends of Yala) also met with the CSOs at the community level to further understand the underlying issues and develop joint campaign strategies.
Result 5D.13
(1) In Homabay county, the county government held talks with the Sukari Industry sugarcane multinational to address various problems the company had caused for the communities in the area and to urge them to take measures to resolve these. The issues had been raised by AA Kenya’s partner. The partner had conducted a social audit to assess this and ascertain the direct and indirect impacts of the operations of the multinational. Results showed various rights violations like directing wastewater into the nearby River Kuja, open dumping of waste, damaged roads thus hampering communities to commute, a broken bridge due to the traffic by the heavy sugarcane trucks, non-employment of local young people and in relation to the farmers, there were delays on payment, and delays to collect sugar cane after harvesting. The partner produced a report on the audit and shared it with the company and with government representatives including from the National Environmental Management Authority, Ministries of Agriculture, Youth, Roads and local administration departments, and the company. In response to the report findings and advocacy by AA Kenya’s partner, the county government representatives held talks with the company, including on the damage to the bridge, proper waste disposal, and employment of local people. As a result, the company took various measures to address the issues. These are mentioned under outcome E. The measures were all recommendations from the social audit by the partner. The county government also repaired the bridge and this was partly funded by the company as reparation.
Uganda (1)
Result 5D.14
(1) The Ugandan Cabinet approved the social impact assessment and accountability bill (1) which when passed into law will help to address injustices faced by communities as a result of corporate operations. This followed a symposium on Business and Human rights organized on 10th November 2021 by SEATINI Uganda in partnership with and with funding from ActionAid International Uganda. The symposium focused on the UN Guiding principles on Business and Human rights and the National Action Plan on business and human rights.
https://www.mediacentre.go.ug/media/social-impact-assessment-and-accountability-bill
Zimbabwe (7, 3g)
Result 5D.15
(1) Following the Zimbabwe Alternative Mining Indaba (ZAMI) side session engagements on the 6th of October 2021 convened by ZELA and AAZ, policy makers from the Parliament (1) made commitments to push for policy and legal reforms around gemstones in line with the Precious Stones Act. They further linked the two partners with the Zimbabwe Gemstone Miner’s Association, an association that was formed to further improvement of the gemstone industry and this made ZELA and AAZ to be the only CSO incorporated in the association. This shows that policy makers appreciate and recognise the work which is important for the project as this will allow ZELA and AAZ to engage with multiple actors in the gemstone sector.
Result 5D.15
(2) The Parliament of Zimbabwe and Hurungwe Rural District Council committed to putting gemstones and black granite issues raised by ActionAid Zimbabwe and partner ZELA on their agenda in 2021. The Parliamentary Portfolio Committee on Mines and Mining Development (1) committed to conducting an enquiry into the mining, marketing and smuggling of gemstones from Zimbabwe, focusing on the Karoi and Hurungwe districts. The Hurungwe Rural District Council (1, g) committed to offer discounted prices for the registration of women miners in the district to ensure that more miners operate formally for improved transparency and accountability in the mining of the gemstones in the district. Further to that, they committed to set aside land for a gemstones marketing centre in Hurungwe and fight Illicit trade of gemstones which commitments were put on their official website (1g).
Result 5D.16
(2) ActionAid Zimbabwe and partner ZELA were approached by Mutoko Rural District Council (1) and Uzumba Maramba Pfungwe Rural District Council (1), a neighbour local authority who also host some quarrying companies, in September 2021 to assist them in improving their domestic resource mobilization, particularly through taxing and levying of black granite mining companies who are paying close to nothing to the local authorities. AAZ and ZELA organised a two-day engagement meeting to discuss the challenges the local authorities were facing in taxing mining companies and offer technical expertise on the best solutions they can implement. As a result of the meeting and technical support, the Rural District Councils resolved to increase and standardise their tax and levy rates to new tangible and progressive rates that have value so that they can get a fair share from the resource being mined in their area. The new taxes and rates will be reflected in their 2022 annual budget and await confirmation. Mutoko RDC further took the matter to the Minister of Finance who approved the proposals pending certain changes such as the removal of the roads levy.
Result 5D.17
(2) ActionAid Zimbabwe and partner ZELA organised the 2021 Gender and Extractives Symposium, and discussions were continued later in the year during the Zimbabwe Alternative Mining Indaba. During these sessions, they shared recommendations on improving participation of women in the extractives sector. As a result, the government (1) committed to pilot the mining cadastre system recommended by AA and ZELA. The system is set to begin in the first quarter of 2022. The Parliamentary Portfolio Committee on Mines and Mining Development (1) followed the recommendation to conduct field visits to ASM sites to better understand issues related to health and safety, especially for women miners (2g).
We aim for 37 key actors including Bangladesh Energy Regulatory Commission the Human Rights Ombudsman in Guatemala the African Union and the Dutch Ministry of Foreign Affairs to support and promote FGG recommendations including by integrating women’s and communities’ rights in recommendations towards private sector actors by drafting guidelines for various mining laws in Kenya to protect women’s land rights and the environment in trade and value chains and by pushing for a progressive EU negotiation mandate in the negotiations for the UN Binding Treaty by the Dutch Ministry of Foreign Affairs.
"Guatemala (2)
5D.1 (1) Human Rights Ombudsman's Office in Guatemala published a report on the situation of rights of indigenous communities and women, including recommendations in line with ActionAid’s recommendations towards other state institutions. The report requests not to use the law against (W)HRDs and to protect (W)HRDs against local authorities. This report is a result of their visit to and discussions with the Northern Lowlands communities in 2021.
5D.2 (1) The municipality of Raxruhá supported the recommendations of the report Pathway to A Feminist International Corporate Accountability Framework, published by ActionAid among others. The report outlines several recommendations for business and human rights, in light of the UNBT, including improving inclusive water management. The Municipality of Raxruhá supported this one specifically. They made this statement in a meeting with ActionAid in which the Spanish version of the report was presented. The municipality is located in a palm oil area, and the experience of the women is similar to the El Estor case in the report. The statement is significant as most government officials act in favour of companies, which means in line with violations of human and environmental rights.
The Netherlands (7)
5D.3 (1g) Six political parties (CU, PvdA, GL, SP, D66 and VOLT) introduced the revised initiative legislative proposal on mandatory human rights due diligence in Parliament, which was adapted based on the EU mandatory human rights due diligence proposal and the European council’s advice. The new proposal includes a gender perspective in the recitals and received support of two new political parties. ActionAid Netherlands actively lobbied for the initiative proposal, in close collaboration with MVO Platform and WO=MEN. Our lobby is based on the inputs of our AA counterparts active in FGG in among others Bangladesh, Kenya, Uganda and Guatemala.
5D.4 (1g) The Ministry of Foreign Affairs adopted the blueprint for the newly opened support contact point for businesses on International Responsible Business Conduct (IRBC) hosted by RVO. The blueprint includes a gender perspective by advising businesses on gender-responsive due diligence. This is a result of ActionAid Netherlands’ continued efforts to push for a gender-responsive IRBC policy, based on continuous collaboration and inputs of our AA counterparts active in FGG in among others Bangladesh, Kenya, Uganda, Zimbabwe and Guatemala.
5D.5 (1g) Member of European Parliament (EP) Lara Wolters (PvDA), EP main rapporteur on the Corporate Sustainability Due Diligence (CSDDD), included gender-responsive amendments in the JURI committee report on the CSDDD, based on the amendments proposed by the core NGO lobby group of which the gender amendments were formulated by ActionAid Netherlands. These recommendations for amendments on the need to include a gender perspective are based on continuous collaboration and inputs of our AA counterparts active in FGG in among other countries Zimbabwe, Bangladesh, Kenya, Uganda and Guatemala.
5D.6 (1g) Member of European Parliament (EP) Samira Rafaela (D66), rapporteur for the Committee on Social Affairs and Employment of the EP on the Corporate Sustainability Due Diligence (CSDDD), included ActionAid Netherlands’ gender-responsive recommendations in her draft opinion report on the CSDDD. As a result of ActionAid's renowned expertise on gender and International Responsible Business Conduct Samira Rafaela invited us for a meeting to provide these recommendations. These recommendations on the need to include a gender-perspective are based on continuous collaboration and inputs of our AA counterparts active in FGG in among other countries Zimbabwe, Bangladesh, Kenya, Uganda and Guatemala.
5D.7 (1) The Minister for Foreign Trade and Development Cooperation sent a letter to NL4Treaty (ActionAid Netherlands, SOMO, IUCN, Milieudefensie and WO=MEN) confirming the Netherlands support for the UN Binding Treaty process and committing to pushing for an EU negotiation mandate for the process. This letter is a result of ActionAid Netherlands’ continued advocacy efforts with the Dutch Ministry to keep the UN Binding Treaty on the agenda, including by sending a set of recommendations for Dutch involvement in the UN Binding Treaty process to the Minister.
5D.8 (1g) UN Member States doubled their support for a gender perspective in the UN Binding Treaty on Business and Human Rights. Several new states intervened on gender for the first time, such as France, Portugal, India, South-Africa and Peru. This is a result of ActionAid Netherlands’ continued efforts, together with the ActionAid federation and Feminists 4 Binding Treaty, to put gender on the agenda of delegates. During the 8th session ActionAid contributed to this through the launch of the report Feminist Pathway to an International Corporate Accountability Framework, eight advocacy meetings, several oral statements, and raising awareness through communications materials and a social media kit.
5D.9 (1) UN Member States defended the third draft text of the UN Binding Treaty on Business and Human Rights after attempts of the chair to weaken the treaty text by introducing unilateral proposals. This is a result of ActionAid Netherlands’ continued advocacy efforts, in strong coordination with Feminists 4 Binding Treaty network and the Treaty Alliance, to call upon delegates to defend the process including through advocacy meetings with national delegations, two joint CSO statements and two open letters.
Zimbabwe (1)
5D.10 (1) The Ministry of Environment, Water and Climate expressed its support for ActionAid Zimbabwe’s and partner ZELA’s recommendations during a multi-stakeholder meeting regarding the amendment of the Environmental Management Act. These recommendations are about Environmental Impact Assessments (EIAs) being done in a participatory manner, and monitoring compliance to EIAs will be done in collaboration with communities. ActionAid Zimbabwe and ZELA conducted a gap analysis of the current Act, which led to them being invited for further meetings on the topic.
Kenya (1)
In Kitui, the Kitui government through the Kitui County Climate Change Policy, committed to regulating corporate actions towards safeguarding the environment from further violations. The commitment was laid down in a policy document, which was validated by the County Executive (and is in force at the time of writing). This happened in a meeting with AA Kenya’s partner and as a result of the AA partner’s lobby and advocacy through a series of meetings."
We aim for 17 key actors, including the Kenyan National Land Commission, the Zimbabwean Ministry of Mines and Mining Development and the Dutch Ministry of Foreign Affairs, to support and promote FGG recommendations. This includes the recommendations to not allocate land to an investor, to develop a database for gemstone miners to contribute to decent work for women in mining, and to promote the inclusion of gender components and land rights in the OECD Guidelines.
D
governments regulating the private sector
5Dx
# of instances in which the supported and/or promoted recommendation by a key actor aims to contribute to expanding/defending civic space
7 of these 37 key actors -decisionmakers from Guatemala Kenya and the Netherlands- will increase their support for the protection of (Women) Human Right Defenders towards private sector actors in areas of shrinking civic space.
2 of these 17 key actors will increase their support in relation to the expansion of civic space. For example, the Zimbabwe Human Rights Commission will commit to work on a strong National Action Plan on Business and Human rights, and to lobby towards the government for an inclusive and participatory process to develop the plan, in which women from mining communities can voice their demands.
D
governments regulating the private sector
5Dg
# of instances in which the supported and/or promoted recommendation by a partner aims to contribute to gender justice
23 of these 37 key actors - including decision-makers from Guatemala the Netherlands Uganda Kenya and Zimbabwe- support recommendations that are aimed at contributing to gender equality such as the ask for gender-responsive national mandatory Human Rights Due Diligence (mHRDD).
12 of these 17 key actors – including two Committees in the European Parliament and the Zimbabwean Human Rights Commission, support recommendations that are aimed at contributing to gender equality, such as gender-responsive due diligence included in Corporate Sustainability Due Diligence Directive and mechanisms to create decent work for women in the mining sector.
D
governments regulating the private sector
6D
# instances in which key actors adopt and/or implement FGG policy/practice recommendations
Uganda (2)
Result 6D.2 (policy change)
(1) The Ministry of Gender, Labour and Social Development together with the Uganda Human Rights Commission for the first time approved and launched a National Action Plan on Business and Human Rights. The National Action Plan on Business and Human Rights is an important 5-year plan designed to protect citizens against increasing abuse of human rights by investors. (1)
ActionAid and its local partner in Uganda contributed to this process through the Uganda Consortium on Corporate Accountability (UCCA), a platform bringing together several civil society organisations that jointly advocated for the development of the plan. ActionAid’s partner took part in various strategizing and advocacy sessions organized by the Consortium, both within civil society and with the Ministry. https://globalnaps.org/wp-content/uploads/2021/08/uganda_approved-national-action-plan-on-business-and-human-right
Result 6D.3 (practice change)
(1) A foreign investor in central Uganda was stopped from grabbing land for a so-called ‘conservation’ project from a community. In 2012, the investor forcefully took away land from the communities using cruel ad harsh methods including killing of landowners and evicting others.
Various bodies of the Mubende district leadership (1), i.e. the local government’s Natural resource unit, the police, District Local Chairman (IV), district councillors, Local Council chairperson 1, Member of Parliament had summoned the investor to engage in a dialogue with the community threatened by land grab (1). This happened after AA Uganda had presented a draft report to the local leadership based on a fact-finding mission in the community in December 2021. The fact-finding mission had demonstrated that human rights violations, illegal land evictions, destruction of property and crops, illegal arrests, and detentions of the community members and forceful taking of land.
Following the community dialogues which confirmed the above allegations and brought massive evidence of human rights violations and land grab by the investor from the community, the investor was summoned by the district Local Council 5 and Member of parliament of Mubende district to stop the evictions and carry out an environmental impact assessment. In addition, upon further calls by the authorities, the investor agreed to register all the tenants on the land and compensate those that allow; secondly, that they were not to grow any other trees on the land until an environmental assessment was done; thirdly, that in any further plans for lands to be sold, the Local Council Chairman should be engaged in the process; fourthly, hey also agreed to collaborate on an assessment of the exact demarcations and squatters on the land. This matter became a nation concern and was aired on Nationwide television (NBS).
We aim for 10 instances in which key actors including the Zimbabwean Parliament and the Dutch Ministry of Foreign Trade and Development and the Ministry of Finance to change their policies and/or practices e.g. by improving Zimbabwean national policies for curbing international financial flows in the gemstone and granite sectors the Dutch Ministries of Foreign Affairs and Climate by signing the renewable energy sector agreement committing to implement gender responsive due diligence based on the OECD guidelines and by including new measures against fossil fuel companies in the new policy note of the Dutch Ministry of Finance.
"The Netherlands (2)
(1pol)6D.1 (1g) The Dutch Ministry of Foreign Affairs adopted the revised National Action Plan on Business and Human Rights which includes a strong gender perspective, based on our written and oral gender-specific recommendations during four consultation rounds. ActionAid's recommendations are based on continuous collaboration and inputs of our counterparts and partners active in FGG in among other countries Bangladesh, Kenya, Uganda and Guatemala, and collaboration with Dutch CSOs through MVO Platform and WO=MEN.
(1pol)6D.2 (1g) The Dutch Ministry of Foreign Affairs presented its new National Raw Materials Strategy, which includes several of ActionAid's recommendations about the importance of a strong gender lens, the need for stakeholder engagement with communities in the global South affected by mining, and the importance of close cooperation with Embassies on implementing the strategy. ActionAid provided inputs through lobby meetings and consultations.
Zimbabwe (2)
(1pol)6D.3 (1) The Minister of Mines and Mining Development issued an order to ban the export of unprocessed black granite from Zimbabwe, in line with ActionAid Zimbabwe’s and partner ZELA’s recommendations. One of the main issues related to mining is that impacted communities see no benefits from resource extraction. To that end, ActionAid Zimbabwe and ZELA have been lobbying and advocating for value addition and beneficiation of raw granite so that the country can generate revenue through taxes and can fund local development and gender-responsive public services.
(1prac)6D.4 (1x) The Environmental Management Agency acted on the recommendations of a group of Environmental Human Rights Defenders and paralegals, trained by ActionAid Zimbabwe and partner ZELA, to order granite mining company Natural Stone Export to fill up and rehabilitate an open pit that they left. The company complied with the order.
Bangladesh (1)
(1prac)A major Japanese cooperation agency (1) has withdrawn its investment from a planned mega coal power plant project. Since 2016, ActionAid Bangladesh together with local, national and international civil society actors have been campaigning consistently on the negative impact of the project to the people, environment and climate, including direct advocacy to the investors to stop the funding. In addition to withdrawing the investment, the cooperation agency and one of their main contractors have given their commitment not to invest in any other foreign coal projects anymore. This is a considerable win for the communities in the direct vicinity of the power plant areas as well as for the broader fight against climate change.
Kenya (1)
(1pol)In Kilifi, the local Marereni administration demanded that salt firms allow communities to have access to grazing fields which had been blocked by these firms. They were asked to respect the licensing conditions issued by the National Environment Management Authority on the common areas for all to utilize.
This happened after AAKE’s partner, MRF’s media engagement and publicity of the issue.
Uganda (1)
(1pol)The Mubende District Local Government chairperson ordered an investor (FORMOSA, a tree planting company) to provide the Madudu community access again to their community lands, undertake an environmental assessment to assess environmental risks as a result of the company’s operations, and to desist from evicting any tenants without prior and reasonable compensation. The company had fenced off lands and prohibited the community from using it for farming. Madudu community representatives had approached the local government leadership and demanded for a meeting with the investor to address the outstanding land issues. They had been supported by AA’s partner through joint strategizing, and in addition AAIU had conducted a fact finding mission.
"
We aim for 2 instances in which key actors, namely the Kenyan Ministry of Labour and RVO, to change their policies, by adopting our recommendations on improving working conditions in sisal, sugar and salt firms – fair pay and gender-responsive working conditions- and integrating gender-responsive due diligence in the IMVO-Steunpunt for businesses.
D
governments regulating the private sector
6Dx
# of instances in which the adopted and/or implemented policies/practices by key actors contribute to expanding/defending civic space
In 3 of the 10 instances of policy or practice change actors such as the Zimbabwean Parliament and human rights commission will contribute to expanding civic space by including measures to ensure civic (women) participation in future activities in the gemstone and granite sectors in the Precious Stones Act.
1 of the 2 instances of policy change will contribute to expanding civic space: the Kenyan Ministry of Labour will adopt our recommendation to regulate sisal, sugar and salt firms to improve working conditions by among other things respecting the right to form and be part of trade unions.
D
governments regulating the private sector
6Dg
# of instances in which the adopted and/or implemented policies/practices by key actors contribute to gender justice
In 4 of the 10 instances of policy or practice change Zimbabwean and Dutch Ministries will contribute to gender equality such as the Dutch Ministry of Foreign Trade and Development adopts its new policy note including a clear timeline to move towards national mHRDD including a strong gender perspective.
In both instances of policy change, key actors will contribute to gender equality. RVO is expected to integrate gender-responsive due diligence in the IMVO-Steunpunt for businesses; and the Kenyan Ministry of Labour is expected to adopt our recommendation to make working conditions gender responsive.
E
private sector actors respecting human rights and the environment
5E
# key actors who support and/or promote FGG policy/practice recommendations
Zimbabwe (1)
Result 5E.1
(1) As a result of ActionAid Zimbabwe and partner ZELA’s trainings and workshops on Business and Human Rights, communities are now knowledgeable and capacitated to demand and assert their rights. The empowered community of Mutoko through environmental monitors and the paralegal stopped a Quarry Mining Company in Mutoko from operating without an Environmental Impact Assessment (EIA) in March 2021 because it was disrupting people’s livelihoods and causing land degradation close to their homes. The Company then complied to the Environmental Management Act and carried out EIA consultations in the community and properly acquired an EIA addressing the communities’ concerns.
We aim for 14 key actors including salt firms plantation investors and miners associations to support and promote FGG recommendations including the improvement of women working conditions in Kenya Bangladesh and Uganda and the promotion of the adoption of grievance mechanisms in Zimbabwe.
"The Netherlands (2)
5E.1 (1g) The final text of the multi-stakeholder sector agreement on Renewable Energy, of which the government, companies and civil society are part, includes that all companies signing the agreement will ensure that their human rights due diligence efforts are gender responsive. This has been one of ActionAid's recommendations throughout the process during the negotiations. The agreement is not signed yet.
5E.2 (1g) Tata Steel supported ActionAid Netherlands’ recommendations from the Manganese Matters report by starting collective action on improving the manganese supply chain from South Africa. Tata Steel and ActionAid had several conversations about the report and its recommendations. After Tata Steel identified its biggest suppliers and companies in the manganese supply chain, they initiated an interactive exchange with the companies and ActionAid’s partner MACUA/WAMUA to learn about the local realities of especially women in mining communities, and to jointly discuss the need for gender responsive due diligence.
"
We aim for 14 key actors, including two multinational corporations in the sugar industry in Uganda, five corporations in Kenya, a financier in the fossil fuel based power sector in Bangladesh and four organisations in Zimbabwe, to support and promote FGG recommendations. These recommendations include support respectively for fair pay and gendered working conditions, for climate justice policies, for the protection of natural resources and for grievance redress mechanisms with a strong gender component.
E
private sector actors respecting human rights and the environment
5Ex
# of instances in which the supported and/or promoted recommendation by a key actor aims to contribute to expanding/defending civic space
3 of these 14 key actors – private actors in Kenya and Zimbabwe - will for example increase their support for community involvement in decision-making on workers’ rights and conditions in the salt industry.
4 of these 12 key actors – including two multinational corporations in the sugar industry in Uganda - will support recommendations to expand civic space, including by organizing meetings during which women and their communities could raise their voices and address encountered issues.
E
private sector actors respecting human rights and the environment
5Eg
# of instances in which the supported and/or promoted recommendation by a partner aims to contribute to gender justice
All 14 key actors – including private actors in Bangladesh Kenya Zimbabwe and Uganda- support or promote recommendations that are aimed at contributing to gender equality such as the recommendation for plantation owners to promote women land rights in their dialogues with the government about the National Action Plan and the UN Binding Treaty.
6 of these 12 key actors, including Natural Stone and Zimbabwe International Quarries (ZIQ), the TruStone Initiative and a Salt firm in Kenya, support or promote recommendations that are aimed at contributing to gender equality, such as the recommendation for a strong gender component in grievance mechanisms and a feminist lens in working policies.
E
private sector actors respecting human rights and the environment
6E
# instances in which key actors adopt and/or implement FGG policy/practice recommendations
Kenya (2)
Result 6E.1 (practice change)
(1) As a result of the advocacy and the social audit undertaken by AA Kenya’s partner in the areas of operations of a company (see under result 5D), the company (1) has started to address the issues raised in the audit report and some of them in a structural manner. In line with the recommendations from the social audit, in 2021, the company installed a system for proper waste disposal instead of open dumping of sugar cane waste as they used to do. They have started to hire locals, thus improving the household income levels in the community. They have also started collecting sugar cane from the farmers timelier after harvesting and paying the farmers in time.
Result 6E.2 (practice change)
(1) In Taita Taveta, a foreign mining company (1) prospecting for manganese mining has taken measures to address issues raised by the community in the mining area in 2020 (under FGG-II). At that time, AA Kenya’s partner had set up a meeting between mining firms, the mining department at the County and CSOs to deliberate on the perennial issues related to the mining company’s operations, including regarding environmental violations, land grabs and forced evictions, working conditions and lack of integration of artisanal miners. The company committed to improving on such matters. In 2021, the partner undertook a social audit with the community, to assess progress on the company’s commitments. The social audit demonstrated that the mining company has taken steps to address the issues raised and improve their living and working conditions. The mining company has started constructing houses and providing water amongst other things. The company has also agreed on a resettlement package for those to be displaced. In addition, the community is now shareholder in the company through a community owned organization. The mining firm is yet to install dust arresters once operations begin and purchase and ambulance as part of the agreement that they had with the host community. AA Kenya’s partner mediated between the company and the community. ActionAid supported the partner with activity funding.
We aim for 18 instances in which key actors including mining and natural stones firms and other private actors in Kenya Zimbabwe the Netherlands and Uganda to change their policies and/or practices e.g. by improving their compensation after land grabbing and consultation processes with women and their communities before starting or expanding their businesses.
"Zimbabwe (1)
(1prac) 6E.1 (1) As a result of ActionAid Zimbabwe’s partner ZELA’s capacity strengthening, environmental human rights defenders and paralegals in Mutoko advocated towards Illford Granite Mining Company (1) to correctly implement its compensation policies for relocated families. As a result of the negotiations, the company compensated the first two relocated families with agricultural inputs and financial assistance.
Bangladesh (1)
(1pol)A major Japanese corporation working in Engineering, Procurement and Construction (EPC) announced they had dropped plans (1) to bid for a mega-project to build a coal fired power plant in Bangladesh. Since 2016, ActionAid Bangladesh together with local, national and international civil society actors has been campaigning consistently on the negative impacts of the project to the people, environment and climate, and advocated directly to the investors to stop the funding. The corporation also gave their commitment not to invest in any other foreign coal projects anymore. Later on in the year, the main investor of the project also announced their withdrawal of funds for the project (see under 6 C). This is a considerable win for the communities in the direct vicinity of the power plant areas as well as for the broader fight against climate change.
Kenya (3)
(1prac) The Erdemann Gypsum Ltd (a company active in extraction of gypsum) in Mwingi, and Mkuki Chawia Mining Ltd (a mining company active in extraction of gemstones) have initiated dialogues with communities and taken concrete measures for improvement of their operations upon the communities (supported by AA’s partner) requests. This happened after so-called ‘social audits’ organized by AAKE’s partners CHRCE and TTHRW respectively that enabled the communities to express their grievances about the impact of the company’s operations on their health, safety and environment. The community’s concerns related to lack of protective gear, improper waste management, environmental hazards such as pollution of soil and water, workers’ health and safety and other workers’ rights. As a result, the companies took action:
(1prac)Erdemann Gypsum has engaged with their host community on proper ways of disposing of their waste, and has provided employees with protective gear. Mkuki Chawia has accepted to engage with the National Environmental Management Authority (NEMA) on how to improve on their waste disposal for their batteries used in blasting. In addition, they have provided employees with protective gear, started implementation of the Work Injury Benefit Act which in practice means that the employer caters for the cost of treatment of an employee that gets injured at work. In addition, Mkuki Chawia purchased first aid kits and took a staff member for a specialized/professional first aid training discipline for Taita Taveta. Mkuki Chawia also started practicing proper waste disposal, refilling the ditches and planting trees on the refills.. The companies have now also now set up structured engagements with the communities to address their grievances. AAKE’s partners offered technical and financial support to the conduction of the social audits (2).
(1prac)In Kilifi, 1 salt firm that had fenced off a community grazing field yielded to pressure from the community and removed the fence to allow livestock to access pasture upon the intervention of the local area chief, Kenya Association of Manufacturers, the salt firms, and community leaders (in addition, they were asked by the local authorities to respect the licensing conditions issued by the National Environment Management Authority on the common areas for all to utilize, this is mentioned under 6D). This is important as the Marereni community depends on livestock as the major livelihood option as the climatic condition does not favour nor support any kind of productive crop farming. This happened after media publicity of the community being denied access to grazing field. AA’s partner MRF had mobilized the media. This happened as a result of sustained community advocacy supported by AA Kenya’s partner (1).
"
E
private sector actors respecting human rights and the environment
6Ex
# of instances in which the adopted and/or implemented policies/practices by key actors contribute to expanding/defending civic space
In 10 of the 18 instances of policy or practice change private actors in Kenya and Zimbabwe contribute to expanding or defending civic space such as corporations that put in place concrete policies and remedies where human rights including the right to freedom of expression and the right to have a voice in decision-making are identified and strive to respect human rights including women rights in their operations.
E
private sector actors respecting human rights and the environment
6Eg
# of instances in which the adopted and/or implemented policies/practices by key actors contribute to gender justice
In 17 of the 18 instances of policy or practice change companies will improve their policies by ensuring women are on board during the negotiations regarding compensation and allocation in Uganda or by signing the renewable energy sector agreement committing to implement gender responsive due diligence based on the OECD guidelines.
F
governments, government-backed agencies, donors, private sector actors increasing policy space and support for fair and green practices
5F
# key actors who support and/or promote FGG policy/practice recommendations
Kenya (2)
Result 5F.1
(1) The Kenyan Ministry of Agriculture (1) started training and engaging young people from a youth movement to be part of their farm field support team as agricultural extension officers. This happened after AA Kenya’s partner had linked the youth to the Ministry for a training on agroecology and climate resilient agriculture practices. The Ministry was so impressed by the young people’s efforts that they have now been integrated into the Ministry’s farm field support team. This is important because getting more young people involved in promoting and supporting agroecology practices is expected to increase the success of agroecology promotion and its sustainability, e.g. for resilience.
Result 5F.2
(1) In Kitui, the Department of Climate Change of the Kitui County Government (1) accelerated the launch of the Climate Change Fund, that was set up in 2018 to provide small scale funding to climate change adaptation initiatives in the county. They also agreed to decentralize the fund, which is now operational, with pilots with the fund having started in 6 local wards, These were all recommendations from AA Kenya and partners. Moreover, the government also agreed to develop a Climate Change Policy (which they did not have up to that point) and requested AA Kenya’s partner and the Kitui CSOs Network to take a lead role in the drafting of a County Climate Change Policy to help them better manage climate justice interventions. These were all recommendations from AA and partners. This happened after the department of climate change held a meeting with the Kitui CSOs Network on their request. It is significant that AA Kenya’s partners have now been requested to participate in the development of the County Climate Change Policy, as this will help ensure that climate change adaptation projects integrate the interests and needs of the affected communities on the ground, e.g. in terms of resilient livelihoods. These outcomes are the result of a training that AA Kenya undertook with the Kitui CSOs network on National Adaptation Plans on Climate Change, where one of their action points was to request for the implementation of the fund. Kitui is among the areas in Kenya most heavily affected by climate change impacts and has been dealing with droughts and famine over the past two years, impacting heavily on poor communities/households dependent on livestock raising and subsistence farming.
Zimbabwe (2)
Result 5F.3
(2) The Zimbabwe Miners Federation (ZMF) and the Zimbabwe School of Mines (ZSM) have committed to developing the country’s first Gemology and Lapidary course as a result of engagements with ActionAid Zimbabwe and partner ZELA during the Alternative Mining Indaba. This course will allow for studying and improving the gemstones value chain, to make it more sustainable and fairer.
We aim for one key actor the Dutch government to support agroecology by budgeting ODA funds for this alternative to business as usual in the agricultural sector and as part of an inclusive and green transition.
F
governments, government-backed agencies, donors, private sector actors increasing policy space and support for fair and green practices
5Fx
# of instances in which the supported and/or promoted recommendation by a key actor aims to contribute to expanding/defending civic space
F
governments, government-backed agencies, donors, private sector actors increasing policy space and support for fair and green practices
5Fg
# of instances in which the supported and/or promoted recommendation by a partner aims to contribute to gender justice
F
governments, government-backed agencies, donors, private sector actors increasing policy space and support for fair and green practices
6F
# instances in which key actors adopt and/or implement FGG policy/practice recommendations
We aim for 4 instances in which key actors county governments in Kenya change their practices by allocating more government funding for the promotion of resilience building initiatives such as agro-ecology.
F
governments, government-backed agencies, donors, private sector actors increasing policy space and support for fair and green practices
6Fx
# of instances in which the adopted and/or implemented policies/practices by key actors contribute to expanding/defending civic space
F
governments, government-backed agencies, donors, private sector actors increasing policy space and support for fair and green practices
6Fg
# of instances in which the adopted and/or implemented policies/practices by key actors contribute to gender justice
All 4 instances of practice change will contribute to gender equality in Kenya such as women generating access to agricultural budgets and funds.
SCS
governments, government-backed agencies, donors, private sector actors increasing policy space and support for fair and green practices
6SCS1
# of laws, policies and norms, implemented for sustainable and inclusive development
SCS
governments, government-backed agencies, donors, private sector actors increasing policy space and support for fair and green practices
6SCS2
# of laws, policies and norms/attitudes, blocked, adopted, improved for sustainable and inclusive development
Process
process
l
learning sessions organised by FGG members and partner organisations
Together with partners we will engage in offline and online learning sessions both in the Netherlands and in Bangladesh Guatemala Kenya Uganda and Zimbabwe. These learning sessions (both cross-country and country level) will among other things be focused on Land Rights (with special focus on women’s land rights and internationally agreed standards such as the VGGTs and FPIC): the UN Binding Treaty process the Energy Charter Treaty expansion process and risks for countries associated with accession to the Treaty the ActionAid international Campaign on Climate and Agriculture and on Tax Justice. For many of these learning sessions the purpose includes knowledge exchange for shared learning adapting our plans and strategies based on our exchanges but also joint reflection on the programme and how we can strengthen our work based on our joint analysis.
"In FGG-III, ActionAid continues to structurally integrate learning and knowledge exchange between all partners in the programme. Representatives from ActionAid in the five FGG-III focus countries (Bangladesh, Guatemala, Kenya, Uganda and Zimbabwe) as well as in the Netherlands meet bimonthly to jointly discuss emerging opportunities and threats from the changing context, programme risks and mitigation strategies, promising new approaches as well as policy priorities.
In 2022, we also organized an Annual Meeting in Zimbabwe. From all five FGG-III focus countries at least one colleague and one partner joined. A field visit was organized to one of the projects, a mining community with women circles to discuss the gendered impacts of the mining activities. The rest of the week we discussed highlights and lessons learned of 2022, strategies and methods and plans for 2023. We also have co-drafted joint work for coming years.
Furthermore, we have published joint research on gendered impacts of transnational corporations, with four case studies from Guatemala, Kenya, Uganda and Zimbabwe. The writing and publishing processes have both provided much inside for all involved, and broader. It guides us and our partners in further lobby engagements. The same goes for our joint work and research on the Energy Charter Treaty and on the Dutch Fund for Climate and Development. "
Process
process
g
lines of work in which FGG members and partners build upon gender analysis and incorporate gender justice in their strategy
In ActionAid’s work we aim to ensure that all our activities contribute to gender equity and inclusivity both in their execution through ensuring that diverse groups are included in steering designing and delivering the activities as well as in their outcomes through ensuring that all activities aim to lead to an improvement in women’s rights. In 2022 we will develop or update our gender analysis for our work on land rights on social safeguards in corporate investment policies and on social and environmental impacts of large scale investments including in agribusiness/plantations extractives and energy infrastructure projects (such as power plants) amongst other things. Our work promoting social and environmental safeguards of corporate operations and for mandatory human rights due diligence policies will continue to highlight the importance of using a gender lens in such work. We will work and learn together with partners from Bangladesh Guatemala Kenya Uganda and Zimbabwe.
We aim to ensure that all our activities contribute to gender justice in their set up and execution, as well as in their outcomes. We ensure that diverse groups are included in designing, planning and delivering of activities- and also strive for our activities contributing to gender justice. One example is related to our joint research on gendered impacts of transnational corporations, with four case studies from Guatemala, Kenya, Uganda and Zimbabwe. The writing and publishing processes have both provided much inside for all involved, and broader. It guides us and our partners in further lobby engagements. The same goes for our joint work and research on the Energy Charter Treaty and on the Dutch Fund for Climate and Development.
Process
process
o
the extent to and ways in which FGG involves local groups in the design and implementation of the FGG programme
In 2022 the FGG programme will also be primarily built upon the expressed needs of our partner organisations and/or on the challenges and opportunities they have identified. This way of working goes well beyond involving or consulting with local groups. Our approach is rather to facilitate for people affected by social injustice to organize and advocate for their rights themselves. We work with AA offices in Bangladesh Guatemala Kenya Uganda and Zimbabwe and their partners (CSOs CBOs and community groups) which are strongly rooted in the communities we support. Therefore they have a key role in defining the ways in which communities are supported and we ensure not only local ownership but local leadership. ActionAid works bottom up and follows the priorities of these local constituents in the design of local and national level programmes. In 2022 all countries will build on the track record from FGG-II supporting communities affected by large scale investments (in mining agribusiness energy projects) to advocate for their rights and for remedy in cases where these rights have been violated. We will collaborate with these partners to shed light on local cases in research publications as well as in lobby meetings in which partners will participate directly including in international policymaking fora and lobby meetings targeting national or local decision makers. We will continue to mobilize and facilitate the organization of community groups in e.g. in Bangladesh where the setting up of over 90 Community Land Rights groups in FGG-2 was a highly successful strategy to engage vulnerable communities affected by large scale energy infrastructure projects and support them to take center stage in advocating for their rights. In Kenya and Uganda too we will continue our work with community and women’s groups on land rights and support community- and women-led advocacy for land and other rights. In e.g. Guatemala some communities will receive additional training for enhanced mobilization and participation e.g. in (inter)national decision-making spaces and other communities will start being involved in the FGG programme to lobby and advocate for their own rights.
"The expansion of the Energy Charter Treaty to Bangladesh, Kenya and Uganda is likely further away as a result of the efforts of our partner organisations in those countries. The ECT secretariat is pushing for the treaty to expand to other countries, mostly in the global South. Accession makes these countries vulnerable to claims that stand in the way of the energy transition. In 2022, meetings were organized with our colleagues and partners in Bangladesh Kenya and Uganda, with experts (TNI) and with AANL. The ECT in general and its impacts were discussed extensively. Based on these meetings, colleagues and partners in these countries started research and lobby efforts. First steps were taken to draw attention to the dangers of accession. In Uganda, the country that had progressed the farthest in preparing accession to the treaty, this has already led to an informal statement by a key government official that Uganda will not accede to the Treaty. In Bangladesh, so far also preparing to join the treaty, strong civil society movement against the Treaty has already taken shape. While the ECT was completely unknown in Bangladesh before, it is now widely discussed in the media, among politicians and in academia and civil society.
Also in regard of the UN Binding treaty of Business and Human Rights, capacities have been strengthened in several countries (Bangladesh, Kenya, Uganda, Zimbabwe, Guatemala) and in multiple communities. Together with our ActionAid counterparts we have strategized on how to improve our lobby on the UNBT. We decided to publish a joint report, with feminist recommendations based on case studies in four countries (Kenya, Uganda, Zimbabwe, Guatemala). These cases show the gendered impacts of transnational corporations in host communities. All countries conducted their own research and wrote their cases. Together we created the joint report, worked on joint recommendations and strategized a dissemination plan. Together we lobbied in Geneva during the negotiations, and separately all ‘owners‘ of the report lobbied in their respective countries and organized trainings and validation sessions in the related communities. "