Ex-Nebraska Rep. Fortenberry asks judge to disqualify prosecutor in false statements case

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Attorneys for former Nebraska Congressman Jeff Fortenberry filed a flurry of motions this week seeking, among other things, to disqualify the attorney prosecuting him for allegedly lying to FBI agents investigating foreign campaign contributions.

It’s the second time they’ve asked a judge to remove Special Assistant U.S. Attorney Mack Jenkins, who first prosecuted Fortenberry in California in 2022 on the same allegations.

The judge there denied the motion.

And a jury in Los Angeles found him guilty of one count of concealing conduit campaign contributions and two counts of lying to federal agents during an investigation into $30,000 Fortenberry had gotten from a controversial Nigerian billionaire, Gilbert Chagoury, at a fundraiser in L.A. in 2016.

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Fortenberry ultimately donated the money to charity after he learned about it because it is illegal for U.S. elected officials to accept foreign money. But the FBI says he lied in interviews about the money.

Fortenberry resigned from the House of Representatives a week after his conviction. And he later appealed.

On Dec. 26, 2023, a Ninth Circuit Court of Appeals panel reversed the conviction, saying Fortenberry should have been tried in Nebraska or Washington D.C., where he had made the statements at issue, not in California where the fundraiser took place.

Four days after the mandate was issued, the five-year statute of limitations ran out to bring charges against him in Nebraska over the statements he made at his home March 23, 2019.

But on May 8, a grand jury in Washington indicted him on two charges — falsifying and concealing material facts and making false statements — for statements Fortenberry made while still in office during an interview July 18, 2019, at his counsel’s office in Washington.

Court filings in the case Tuesday showed the back-and-forth that followed the decision to retry him, this time in Washington.

In an email exchange that followed, the government offered Fortenberry a plea agreement. Plead to falsifying and concealing material facts. In exchange, the government would ask for time served, plus a reinstatement of the previous $25,000 fine and any community service he hadn’t already completed.

Tobin Romero, Fortenberry’s attorney, responded the same day with Fortenberry’s counteroffer — that the government drop the case — which was rejected.

By Aug. 7, Romero had emailed U.S. Attorney for the District of Columbia Matthew Graves directly asking him to reconsider. 

Two days later, Graves declined, saying he was familiar with the matter, the plea offer and counteroffer.

“I support the team’s assessment and decision to continue the prosecution,” he wrote.

Jeff Fortenberry

Jeff Fortenberry

Associated Press file photo

In motions Tuesday, Romero asked a judge to dismiss the indictment and asked for oral arguments on his request to obtain discovery as to whether Fortenberry’s case amounted to “selective prosecution” or “selective enforcement.”

He’ll face a high burden in proving it, but pointed to a 1999 case where an African American defendant charged with cocaine distribution met the standard by showing state prosecutions, but not a single federal prosecution, of a white person in the entire year across four counties of Massachusetts.

“Although courts appropriately pay deference to prosecutorial discretion in the vast majority of cases, the decision to re-indict and retry this case is the kind of unprecedented prosecutorial decision that warrants discovery into government decision-making,” he wrote.

Romero said the defense team wasn’t able to find any cases in the past 10 years in which the federal government, following reversal by a Court of Appeals, retried a defendant who had received probation and had served most of it.

He accused the government not only of disparate treatment, but also of “political bias” against Fortenberry, a Republican and supporter of Donald Trump, pointing to Jenkins’ financial contribution to “Stop Republicans,” a group dedicated to resisting Trump and the Republican Party.

“Separation of powers principles ordinarily require courts to defer to the executive branch’s prosecutorial decisions, but the Constitution importantly provides for some limited checks by the judiciary,” Romero wrote in the motion.

He said he had urged the government not to retry Fortenberry. Even if a retrial were to result in a conviction, he likely would be sentenced to serve no more than the remaining six months of his prior probationary sentence, the attorney said.

Romero also pointed to Fortenberry’s first trial, saying the government focused extensively on its July 18, 2019, interview of Fortenberry where Jenkins questioned him for more than two hours, making him a witness in the case.

“This is unavoidable — the July 18 interview is central to the case, as was SAUSA Jenkins’ role in it,” he wrote.

The government hasn’t yet responded to the motions.

Reach the writer at 402-473-7237 or lpilger@journalstar.com.

On Twitter @LJSpilger

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Tanzanian Students Drive Climate Action Through Tree Planting

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Climate Change Justice

The act of planting trees offers more than shade and fruit. It symbolizes a deeper mission—restoring soil, preserving water, and, for these students, living in Tanzania’s northern Rorya district, delivering a form of climate justice. The reforestation efforts are in step with Tanzania’s broader plans to fortify its agriculture and water systems against the advancing climate crisis.

Faiza Ally, a pupil at Mtoni Primary School in Mara Region, plants a tree. Credit: Kizito Makoye/IPS

Faiza Ally, a pupil at Mtoni Primary School in Mara Region, plants a tree. Credit: Kizito Makoye/IPS

MUSOMA, Tanzania, Oct 30 2024 (IPS) – At Gabimori primary school, located at Nyamagaro ward in Tanzania’s northern Rorya district, a 15-year-old  Florence Sadiki kneels among polyethylene bags, carefully examining the seedlings she and her classmates  have nurtured from tiny sprouts “We’ve planted many trees to make our school look better and to help fight climate change,” she says.

Sadiki is part of an inspiring grassroots movement in the east African country where students, teachers, and community members team up to fight environmental degradation through reforestation. In Rorya district, nestled on the shores of Lake Victoria, rampant deforestation driven by charcoal production has left the land barren. But the efforts of school environmental clubs, supported by the Lake Community Program (LACOP), are working to repair the damage.

The reality in Rorya is grim. Erratic rainfall and prolonged droughts have changed swathes of once-fertile land into dry savannas, a trend that has only accelerated since the initiative began in 2022. Spearheaded by the global charity World Neighbors and the Lake Community Development Foundation (LACODEFO), this initiative empowers students to plant trees and learn the entire process of growing them.

Daudi Lyamuru speaks during a village meeting to mobilize the community to plant trees and support the climate mitigation project. Credit: Kizito Makoye/IPS

Daudi Lyamuru speaks during a village meeting to mobilize the community to plant trees and support the climate mitigation project. Credit: Kizito Makoye/IPS

Pupils at Mwenge primary school pose for a photo after tree planting exercise. Credit: Kizito Makoye/IPS

Pupils at Mwenge primary school pose for a photo after tree planting exercise. Credit: Kizito Makoye/IPS

“We’re teaching students to set up their own nurseries,” says Idrisa Lema, the project officer. “It’s not enough to hand out seedlings. They need to learn the whole process—choosing drought-resistant species, improving soil with organic manure, and using techniques like mulching.” This holistic approach  promotes sustainability and equips students with transferable skills that can help them for the rest of their lives.

In the past two years, the students have successfully planted 2,800 trees across five villages, a remarkable achievement that has already begun to bear fruit. Some once-dry water springs are starting to flow again. Yet challenges remain, particularly in Nyamagaro and neighboring Kyangasaga villages, where erratic rainfall and drought continue to hinder progress.

“Watering the trees is tough,” admits Alex Lwitiko, an environmental teacher at Rorya Girls’ School. “We’ve had to be strict with the students—otherwise, the trees wouldn’t survive.”

To adapt, students have switched to innovative solutions like bottle irrigation and even drilled water wells to support their young trees. “We focus on drought-resistant species and organic farming methods to give the trees the best chance,” Lwitiko says, emphasizing the program’s commitment to teaching sustainability.

Sadiki herself has learned to adapt. “I know how to graft trees and grow them in tough conditions now,” she says. “These trees are our future. They fight climate change, provide shade, and even improve soil fertility.”

A government official, Aloycia Mdeme, plants a tree to signify the launch of the school environmental club. Credit: Kizito Makoye/IPS

A government official, Aloycia Mdeme, plants a tree to signify the launch of the school environmental club. Credit: Kizito Makoye/IPS

Mtoni primary school pupils plant trees, this project has become central to the region's contribution to climate change mitigation. Credit: Kizito Makoye/IPS

Mtoni Primary School pupils plant trees; this project has become central to the region’s contribution to climate change mitigation. Credit: Kizito Makoye/IPS

In Tanzania, the impact of climate change is becoming increasingly severe. The country aims to reduce greenhouse gas emissions by 30 to 35 percent by 2030, a goal outlined in its Nationally Determined Contributions (NDCs). Despite its low carbon footprint—just 0.22 tons per capita compared to the global average of 7.58—Tanzania is reeling from climate-related disasters. Droughts, floods, and erratic weather patterns disrupt agriculture, drying up water sources and threatening economic stability.

For the rural poor, especially those who rely on farming—the backbone of the economy, making up 28 percent of GDP—the stakes are higher. But in places like Nyagisya and Rorya Girls Secondary Schools, students have taken up the fight. Through tree planting, they have become unlikely climate crusaders, tackling environmental degradation while improving food security and boosting local livelihoods.

The act of planting trees offers more than shade and fruit. It symbolizes a deeper mission—restoring soil, preserving water, and, for these students, delivering a form of climate justice. The reforestation efforts are in step with Tanzania’s broader plans to fortify its agriculture and water systems against the advancing climate crisis.

As these student-led initiatives flourish, they mirror Tanzania’s urgent call for global support. With limited resources, the country is striving to fulfill its commitments yet it recognizes that the battle against climate change is a collective endeavor that requires unity on a global scale.

Despite the promising efforts in Tanzania, significant challenges remain. One of the main hurdles is the unpredictability of funding. Tree-planting initiatives and climate adaptation programs require sustained financial support, but resources are often limited, local analysts say.

Without consistent funding, scaling up projects and maintaining long-term impact becomes difficult.

Community members plant trees in Rorya district. Credit: Kizito Makoye/IPS

Community members plant trees in Rorya district. Credit: Kizito Makoye/IPS

While students have embraced environmental stewardship, not all local households are on board. In some areas, livestock continues to graze on young saplings, undoing the hard work of reforestation. Additionally, cultural and economic pressures, such as the reliance on charcoal for income and firewood for cooking, contribute to ongoing deforestation, making conservation efforts harder.

Erratic rainfall and worsening drought conditions present another barrier. Water scarcity makes it harder to nurture newly planted trees, despite innovative solutions. These conditions also strain local agriculture, which many families depend on, increasing the urgency of balancing conservation with survival needs.

While Tanzania has ambitious climate goals, the gap between policy and practical implementation remains wide, particularly in rural areas where the effects of climate change are felt most acutely. 

At Gabimori Primary School, students have embraced their role as environmental stewards. “They’ve seen how conservation affects their daily lives,” says teacher Witinga Mattambo. “They now understand the link between the trees and the food they eat.”

The impact is vivid for students like Sadiki. “I never realized trees were this important,” she says. “They bring rain and improve our environment.”

For Lema, this is only the beginning. By fostering leadership skills and engaging the broader community, the program is building a new generation of Tanzanians dedicated to environmental protection. “We’ve even seen parents get involved,” Lwitiko says. “They’re starting to plant trees in their own yards.”

Still, the program faces hurdles. Some households allow their livestock to graze on young saplings, undoing the hard work of the students. “It’s frustrating,” admits Lwitiko, “but we’re making progress, step by step.”

Lema has ambitious plans to expand the initiative.

“We’re training students to pass on their knowledge,” he says. “As they move on, they’ll teach younger students, and we’ll spread this effort to other schools.” But scaling the program will require more funding.

“We’re working on securing more resources and partnering with local governments to enforce tree-planting bylaws,” Lema explains. There are also plans to set up household tree nurseries, allowing families to earn extra income while contributing to conservation.

For Sadiki, the program’s impact is lasting.

“We have the duty to plant trees and protect our environment. It’s something we’ll carry with us for the rest of our lives.”

IPS UN Bureau Report

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Scientific Research Can Play a Key Role in Unlocking Climate Finance

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Opinion

Climate finance will come under intense scrutiny during COP29, and its distribution aligned with scientific analysis of the impacts of climate change, but the methodology ignores the inequality in research networks of the Global South.

More than 700 authors representing 90 different nationalities written the AR6 for IPCC | Credit: Margaret López/IPS

More than 700 authors representing 90 different nationalities written the AR6 for IPCC | Credit: Margaret López/IPS

CARACAS, Oct 29 2024 (IPS) – Climate finance will be at the epicenter of the discussion at the UN Climate Change Conference 2024 (COP29). The focus will be on strengthening the fund and defining the conditions under which the countries of the Global South will be able to access this money. However, little is said about the scientific research that is required to gather the evidence and data to prove the loss and damage caused by the impact of climate change in developing countries.

One of the points under discussion is the need for countries of the Global South to provide comprehensive, scientifically backed reports on how they are being directly affected by the impacts of climate change. This requirement guarantees that money will flow to the most affected countries, but it ignores the inequality present in scientific research networks in the Global South.

Floods and the effects of storms or hurricanes are not the only topics we are discussing.  For example, will Latin American countries, such as Brazil or Argentina, be ready to provide data and evidence of how global warming precipitated an increase in dengue cases among their citizens in 2024?

Dengue cases in Latin America tripled compared to the same period in 2023. The Pan American Health Organization (PAHO) compiled reports of more than 12 million cases of dengue fever in the region up to middle October and, undoubtedly, this additional health burden is part of the less talked about impacts of climate change.

Research centers in Brazil or Argentina, two of the countries with the best scientific networks in the region, can surely deliver the studies to support a financial request to cover these health-related damages. But the scenario is very different if we look at the scientific networks of other Latin American countries such as Colombia, Ecuador, Peru, Paraguay, or my native Venezuela.

More than 3,000 Venezuelan scientists have left the country for lack of support and financial problems in its laboratories since 2009, according to the follow-up done by researcher Jaime Requena, a member of the Academy of Physical, Mathematical and Natural Sciences (Acfiman, its acronym in Spanish). This is equivalent to half of the Venezuelan scientific force, considering that Venezuela had 6,831 active researchers in the Researcher Promotion Program (PPI) in 2009.

Only 11 Venezuelan scientists participated as authors in all the reports of the Intergovernmental Panel on Climate Change (IPCC). In AR6, the most recent IPCC report, only three authors were Venezuelan.

Colombia, Peru, and Uruguay were also represented by three researchers in AR6, while other countries such as Paraguay and Bolivia did not even manage to add a scientist to the group of more than 700 authors.

Climatologist Paola Andrea Arias was part of the Colombian representation. She is one of those promoting that the IPCC broaden the diversity of authors in the next report on the effects of climate change in the world.

“We all do science with different perspectives; we will follow the same methods and the same standards, but we have different perspectives. We ask different questions and have different priorities. We see in science the possibility of answering or solving different problems and, obviously, that will be very focused on your reality, the world in which you live, the country or city where you are,” said Arias when I asked her about her participation in AR6.

The low participation of Latin American scientists in global research on climate change, such as that of the IPCC, also means less space and dissemination for those studies that try to track the impacts of climate change in the region. This pattern is also repeated in Africa and Asia.

Promoting more research on the damages and impacts of climate change in the Global South, in the end, is not something that can be separated from climate finance. A clear example is that the Development Bank of Latin America (CAF) has just created a scientific committee for its biodiversity conservation fund, as announced during COP16 on biodiversity in Cali, Colombia.

CAF explained that this new biodiversity committee will have “a key role” with recommendations based on scientific evidence to invest in environmental projects. The first tasks of this scientific committee will be focused on providing recommendations for conservation, restoration, and sustainable use of ecosystems in the Amazon, Cerrado, and Chocó, a program that will have access to 300 million dollars.

The creation of a scientific committee to deliver climate finance can be a first step, as shown by CAF’s experience in biodiversity. To move forward on this path, however, it is necessary to promote more funding for Latin American, African, and Asian scientists to do more local research on the impacts of climate change. It’s the only way to gather the scientific evidence to support the contention that the climate crisis represents an obstacle to development in those countries with the largest populations and the greatest number of disadvantages.

This opinion piece is published with the support of Open Society Foundations.
IPS UN Bureau Report

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The July Revolution in Bangladesh Is Rooted in Meta-Modernist Philosophy

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Opinion

BOSTON / PHILADELPHIA, Oct 28 2024 (IPS) – The students and the common people of Bangladesh dared to do something in 36 days of July-August that was considered simply impossible by most people just days before August 5, 2024. They said ‘enough is enough’ to an old order that outraged their humanity, robbed their dignity and the rulers imagined that their citadel of power was simply impenetrable. The revolutionists refused to bow down to the murderous regime that knew no bounds to its cruelty and plundering. They were ready to sacrifice their lives for the freedom of the besieged nation.

Mawdudur Rahman

This revolution is unique in so many ways. It is a revolution in the digital age that is rooted in meta-modernist philosophy. The old political leadership with its moribund appeal and bankrupt philosophy proved irrelevant in this agenda. As Professor Yunus, the Chief Advisor to the Interim Government, has rightly said, ‘Now is the era of a new generation’.

Meta-modernism is the cultural philosophy of the digital age, coined by Mas’ud Zavarzadeh in 1975. meta-modernism is the Age of the Internet or more balanced worldview. As one analyst puts it, we went from modernism — “Make it new!” Let’s shape History! – to postmodernism — everything sucks! Nothing really matters! — to meta-modernism – maybe things are not this black-and-white, maybe there’s a middle ground.

Meta-modernist thinkers perceive the present world around them as a threat to their very existence. They work with pragmatic idealism and have no grand narrative thinking or any orthodox certainties. In other words, they try to strike a balance between all of this. They recognize that they have to face the problems of the society.

Habib Siddiqui

Arguably, all the activities of Bangladeshi revolutionists including their wall posters, followed a framework of Meta-Modernism. It is understood that the new Bangladesh is defined in a new ideology. Student revolutionaries have said that our ideology is reflected through the language we use. The basis of the new ideology is language. It is a revolution of change from the cultural context of fascist imperialist language to the native (spoken) language of the people. In other words, new ideals will be reflected through the language of the people.

It would be wrong to think that this people’s revolution was all about a change of government. Its victory is unlike 1947 and 1971. In both those cases, there was a change of government without any structural change. As a result, the incoming government followed imperialist practices of exploitation left behind by the British. Subsequent governments turned the country into a failed democracy, in order to control, exploit and subjugate its citizens. The police were used as an enabling force to subjugate the citizens, while the legislature and judiciary worked as the rubber stamps to sustain the total control of the government. This evil social system has corrupted the mindset and behavior of our people. An immoral society was formed with no fear of accountability, whose driving force was unfathomed greed and mantra — the ‘rule and exploitation by repression’. Government employees saw themselves as bosses and not as public servants. They thrived upon corruption at all levels.

There are now two competing ideologies in front of Bangladesh – one of decaying fascism that wants to resurface under old leadership and the other is the young leadership of equality and morality. As the revolution demonstrated, the ‘New Bangladesh’ does not approve fascist-supporting corrupt institutions. It desires a corruption-free new society. It is for paradigm shift – a transformational change.

The Chief Advisor and Student Coordinators have clearly highlighted the ideals of New Bangladesh through their speeches and interviews. Dr. Yunus said, ‘We are all one nation’. This is a clarion call to establish a holistic change in society. Such a radical change in society requires a change in values. A change in values lies in the change in public ideology.

The new Bangladesh is not the old Bangladesh with a new cover. It demands a change in the fundamental values of human behavior, actions, and beliefs. These include structural changes, personal changes, expectations.

To understand the ideology of this change, one has to listen carefully to the speech of Mahfuz Alam, the ‘thinker’ of the movement. Five points can be deduced from his recent talks: (1) unity, (2) ‘language is their inspiration’, (3) group leadership, (4) they are children of time, and that (5) they are not a slave to traditional thinking. His views reflect today’s meta-modernism.

For any transformational change to succeed, the change agents must own it, direct it, and ultimately excel in it. We think that this revolution of holistic change can benefit from the revolutionary approaches adopted in China and Cuba that were also led by youths. They owned the revolution and did not allow it to be hijacked by the reactionaries. We see some of these characteristics in the minds and mission of the Bangladeshi revolutionaries.

The bottom line is, bringing any changes in old culture habits was never an easy task. This revolution has presented an opportunity to change the destiny of Bangladesh as never before.

The meta-modernist youths of Bangladesh have come to lead and move forward; they will not go back to the old ways. Their message is clear: if you do not join us, the country will not wait for you. If older generations do not adopt the new view of change, we fear further instability and chaos to come, whose outcome cannot be pleasant.

Dr. Mawdudur Rahman, Professor Emeritus, Suffolk University, Boston, USA. He can be contacted at: mrahman@suffolk.edu.

Dr. Habib Siddiqui is a peace and human rights activists. His latest book – ‘Bangladesh: a polarized and divided nation?’ is available in the Amazon.com. Both are members of the steering committee of Esho Desh Gori – Let’s Build Bangladesh.

IPS UN Bureau

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Over 150 NGOs Urge World Governments to Help End War Crimes in Gaza

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Credit: UNRWA

UNITED NATIONS, Oct 28 2024 (IPS) – As it continues to leave a mounting trail of death and destruction in Gaza, Israel has come under severe attack from the international community, including the United Nations and its humanitarian agencies, Western allies, the International Criminal Court (ICC) and scores of human rights experts.

During a conference in Paris, focusing on the new crisis unfolding in Lebanon, President Emmanuel Macron of France, a longtime Western ally and one of the five veto-wielding permanent members of the UN Security Council, had “sharp words for Israel reflecting the view, even among Israel’s allies, that it has used excessive force against its enemies, resulting in disproportionate casualties and destruction,” according to the New York Times October 25.

“I am not sure you can defend a civilization by sowing barbarism yourself,” Macron declared.

Meanwhile, the rising death toll in Gaza has topped over 43,000 Palestinians, mostly women and children, in retaliation for the 1,200 killed by Hamas inside Israel on October 7

And last week, over 150 civil society and non-governmental organizations (CSOs/NGOs) made a joint appeal to world governments to do “everything in their power to end this growing catastrophe and cycle of impunity. It is not only a moral imperative but a legal obligation.”

The CSOs urged all 193 UN Member States to “prevent further atrocities and ensure that those responsible for any violations of international law, including war crimes and crimes against humanity, are held accountable.”

Failure to act now risks further eroding international norms and emboldening perpetrators. The cycle of violence against civilians needs to stop, the CSOs declare.

The signatories include CIVICUS, Oxfam, United Nations Association — UK, Norwegian Refugee Council, International Civil Society Action Network (ICAN), Saferworld, and the Jewish Network for Palestine, among others.

https://www.civicus.org/index.php/media-resources/news/7372-open-call-for-a-ceasefire-in-gaza-lebanon-and-israel-and-end-to-impunity-amid-a-spiralling-humanitarian-catastrophe-and-escalating-regional-conflict

Mandeep S. Tiwana, Interim Co-Secretary General, CIVICUS, told IPS “it’s deeply unfortunate that the United States government for all its talk of human rights continues to engage in moral dualism by providing diplomatic cover to the Israeli government.”

This is happening, he pointed out, despite overwhelming evidence of the commission of war crimes, crimes against humanity and genocide by Israeli forces. “It’s fair to conclude that there’s an element of inherent racism in how the Biden administration has approached the situation in Palestine.”

In the face of a relentless assault by an occupying force, the plight of the Palestinian people matters less to America’s top diplomats than the plight of the Ukrainian people to whom the same administration has extended all sorts of moral and material support, he added

“Until Israel’s politicians and military brass are brought before an international tribunal to face justice the cycle of violence in the Middle-East will continue to repeat itself,” warned Tiwana.

Even the US, one of Israel’s closest allies, couldn’t restraint itself.

Addressing a UN Security Council meeting on October 16, Linda Thomas-Greenfield, US Ambassador to the UN, said she “watched in horror as images from central Gaza poured across my screen.”

“There were no words, simply no words, to describe what we saw. Israel has a responsibility to do everything possible to avoid civilian casualties, even if Hamas was operating near the hospital in an attempt to use civilians as human shields. We have made this clear to Israel,” she said.

“Just as we have made clear to the Israeli government at the highest levels, that it must do more to address the intolerable and catastrophic humanitarian crisis in Gaza,” the US ambassador said.

Dr. James Jennings, President of Conscience International, told IPS that “Gaza’s horror defies description”.

For Israel to bomb the enclave day and night for a full year is certainly criminal, he argued, but to impose an embargo on vital medicine and food needed by millions for survival is the absolute depth of inhumanity.

Lately it has been almost impossible to get volunteer teams of doctors and life-saving medical supplies into the enclave. Shipments of food aid are now embargoed with no explanation or reason. Besides being inhumane, it makes no military sense, unless the objective is to punish the entire population, which is a war crime, he said.

International outrage is needed to force the gates of Gaza open again, declared Dr. Jennings.

The NGO letter says: Israel’s war in Gaza, following the deadly attacks by Palestinian armed groups on 7 October 2023, is the latest and most horrific onslaught of violence in the decades-long Israeli occupation of Palestinian territory.

After a year of unfathomable killing and destruction, patterns of civilian harm by Israeli forces are spreading and escalating from Gaza to Lebanon, while rocket attacks by armed groups in Lebanon continue. We are now on the precipice of even greater devastation across the region.

Failure to act now is a choice – a choice that will fail to stop and prevent future atrocities. The UN Commission of Inquiry concluded last week that Israel has committed war crimes and the crime against humanity of extermination with relentless and deliberate attacks on medical personnel and facilities in Gaza, and called on member states to “cease aiding or assisting in the commission of violations.”

Over the last 12 months, the UN Security Council has passed four resolutions on Gaza, including one calling for a ceasefire, and the International Court of Justice (ICJ) has ordered Israel to take all measures within its power to prevent the commission of all acts within the scope of Article II of the Genocide Convention.

The ICJ also issued an Advisory Opinion that found that Israel’s occupation1 and annexation of Palestinian territory is illegal, and the UN General Assembly passed a resolution demanding that Israel end its unlawful presence in the occupied Palestinian territory (oPt) within 12 months. Despite this, none of these measures have been implemented or adhered to.

“The international community’s egregious disregard for international law and the government of Israel’s unchecked impunity in Gaza, the West Bank and now Lebanon, has set dangerous new precedents for the conduct of war,” says the letter.

For civilians in the occupied Palestinian territory and Lebanon, this has resulted in:

Many among us, says the letter, have repeatedly called for a permanent and unconditional ceasefire, hostage release, a halt to arms transfers, and de-escalation of tensions in the region, and yet the violence only appears to be intensifying.

Again, we call on all Heads of State and Governments, the UN Security Council, and actors on the ground to prioritise the preservation of human life above all else by:

    • Securing an immediate ceasefire by all parties to the conflict and an end to the indiscriminate attacks that kill civilians and
    destroy civilian infrastructure;
    • Halting the transfer of weapons, parts, and ammunition to parties to the conflict that may be used to commit violations of international humanitarian law (IHL);
    • Enabling unhindered humanitarian access for the delivery of lifesaving assistance, including food, medical supplies and fuel, and the safe movements of civilians and aid workers.
    • Ensuring the protection of civilians from further forced displacement, and the right to return for those forcibly displaced. Civilians who choose to stay or are unable to leave remain protected under international law.
    • Securing the release of all hostages and
    • Immediately activating independent international investigations into all apparent violations of international humanitarian law and war crimes committed by all parties.

Governments must do everything in their power to end this growing catastrophe and cycle of impunity. It is not only a moral imperative but a legal obligation.

All Member States must prevent further atrocities and ensure that those responsible for any violations of international law, including war crimes and crimes against humanity, are held accountable. Failure to act now risks further eroding international norms and emboldening perpetrators. The cycle of violence against civilians needs to stop.

For more on what international humanitarian law says about occupation, please see commentary by ICRC.

IPS UN Bureau Report

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At COP16, Biodiversity Credits Raising Hopes and Protests

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COP16

Indigenous women in Cali hold a protest commodificationof their traditional natural products. Majority of the indigenous organizations participants in the COP have been vocal about their opposition to biodiversitycredits, which they think is a false solution to halt biodiversity loss. Credit:Stella Paul/IPS COP16 Logo, installed at the conference venue atCali, Colombia. Credit: Stella Paul/IPS

Indigenous women in Cali hold a protest commodificationof their traditional natural products. Majority of the indigenous organizations participants in the COP have been vocal about their opposition to biodiversitycredits, which they think is a false solution to halt biodiversity loss. Credit:Stella Paul/IPS
COP16 Logo, installed at the conference venue atCali, Colombia. Credit: Stella Paul/IPS

CALI, Columbia, Oct 26 2024 (IPS) – At the end of the first week at the 16th Conference of Parties on Biodiversity (COP16), finance emerges as the biggest issue but also shrouded in controversies.

On Saturday, as the COP moved closer to its most crucial phase of negotiations, resource mobilization—listed under Target 19 of the Kunming-Montreal Global Biodiversity Framework (KMGBF)—took centerstage, with most parties demanding faster action, greater transparency and the adoption of true solutions to halt biodiversity loss. 

Biodiversity finance: Expectation vs Reality

On Thursday, October 24, the government of China formally announced that the Kunming Biodiversity Fund—first announced by Chinese president Xi Jinping in 2021—was now fully in operation. The fund promises to contribute USD 220 million over the next 10 years, which would be spent especially to help developing countries in implementation of the KMGBF and achieve its targets, said Huang Runqiu, Minister of Environment and Ecology, China, at a press conference. It wasn’t clear, however, how much of the promised amount had been deposited.

This has been the only news of resource mobilization for global biodiversity conservation received at COP16, as no other donors came forth with any further announcements of new financial pledges or contributions to the Global Biodiversity Framework Fund (GBFF), which was expected to receive USD 400 billion in contribution by now but has only received a paltry USD 250 million.  In addition, there were no announcements of the countries reducing their current spending on harmful subsidies that amount to USD 500 billion and cause biodiversity degradation and biodiversity loss.

In absence of new contributions and lack of any concrete progress on reduction of harmful subsidies, the new mechanisms like biodiversity credits to mobilize resources for implementation of the Global Biodiversity Fund is fast gaining traction.

From October 21–24, the COP16 witnessed a flurry of activities centered primarily around biodiversity credits and the building of new pathways to mobilize finance through this means. Experts from both the UN and the private sector were heard at various forums discussing the needs of developing tools and methodologies that would help mobilize new finance through biodiversity credits while also ensuring transparency.

COP16 logo, installed at the conference venue in Cali, Colombia. Credit: Stella Paul/IPS

COP16 logo, installed at the conference venue in Cali, Colombia. Credit: Stella Paul/IPS

Inclusiveness and the Questions

According to a 2023 report by the World Economic Forum, the demand for biodiversity credits could rise to USD 180 billion annually by 2050. The report said that if major companies stepped into the market, the annual demand for biodiversity credits could go to as high as USD 7 billion per year by 2030.

Experts from the UN and a variety of technical people with various backgrounds said that since biodiversity credits are still in their infancy, there will undoubtedly be a lot of scrutiny and criticism. The Biodiversity Credit Alliance is a group that provides guidance for the establishment of a biodiversity credit market. The urgent need, they said, was to develop infrastructure and policies that would help answer those questions and tackle the scrutiny. The first and foremost of them was to help build digital tools and infrastructure that could be used to share and store biodiversity data in a credible and transparent manner.

Nathalie Whitaker, co-founder of Toha Network in New Zealand, a group of nature-based business investors, said that her organization is building digital tools, especially for helping local communities to participate in biodiversity credit programs and access the benefits.

“Once the communities have these tools, they can instantly see what data is being used to pay for the biodiversity credits or even decide the value of the natural sources in their territory. So, they can see what resources are being discussed, what is being valued, how it’s being done and how the whole discussion is moving forward,” Whitaker said.

Fabian Shimdt-Pramov, another speaker at the event, said that the quality of the tools would decide the course and results of a biodiversity credits project.

Shimdt-Pramov, chief business development officer at Biometric Earth, a German company that uses artificial intelligence to build biodiversity analytics tools from different sources such as remote sensing, wildlife cameras, acoustic monitoring, etc.

“If methodology is not correct, if the data is not correct, the system doesn’t work,” he said, emphasizing on the requirement of high-level technological expertise that is needed to get a biodiversity credit project off the ground.

However, when questioned on the cost of buying such high-end technologies and tools, especially by Indigenous communities living in remote areas without any internet connectivity, both speakers appeared to be at a loss for words.

“I have seen in the Amazon a community selling five mahogany trees on the internet, so I am guessing it’s not a big challenge,” Shmidt-Pramov said in a dismissive voice. Whitaker acknowledged that lack of access to digital technology in Indigenous Peoples communities was an issue but had no solutions to propose.

Terence Hay-Edie of Nature ID, UNDP, however, stressed the need to empower the communities with the knowledge and skills that would help them access the tools and be part of a biodiversity credit.

As an example, he cites restoration of river-based biodiversity as a biodiversity credit project where a river is considered to have the same rights as a human being. According to him, if values of credits are counted and traded for restoration of biodiversity around a river, it will require recognition of all these rights that a river has, which is only possible when the community living along the river has full knowledge of what is at stake, what is restored, what value of the restored biodiversity is to be determined and how the pricing of that value will be decided.

“A river can be a legal entity and have a legal ID. Now, can we build some tools and put them in the hands of the community that is doing the restoration to know the details of it? That’s what we are looking at,” Hay-Edie said.

A False Solution?

However, Indigenous peoples organizations at the COP16 were overwhelmingly opposing biodiversity credits, which they called “commodifying nature.”

What are biodiversity credits? It’s basically regenerating biodiversity where it is destroyed and earning money from that. But it doesn’t work that way, according to Souparna Lahiri, senior climate change campaigner at Global Forest Coalition.

“If we talk of a forest, the ecosystem is not just about trees but about every life that thrives in and around it—the rivers, the animals, plants, bees, insects, flowers and all the organisms. Once destroyed, it’s lost forever. And when you regenerate it elsewhere, you can never guarantee that it will be an exact replica of what has been lost.  This is why the very concept of biodiversity credit is a destructive idea,” says Lahiri.

Valentina Figuera, also of the Global Forest Coalition, said that while trading carbon credits could work as a tool in carbon change mitigation, it would not be the same in biodiversity.

“In climate change, you can measure the total carbon generated by a forest, for example. But in biodiversity, how do you measure it? What is the mechanism? How do you even value life that thrives there? So, this concept is a straight import from climate change and forcefully imposed in biodiversity, which is nothing but a false solution, so that businesses that cause biodiversity loss can conduct their business as usual.

The Dilemma of Participation

COP16, dubbed the “People’s Cop” by Colombia, the host country, has drawn several hundred representatives of Indigenous Peoples and Local Communities (IPLC), especially from across Latin America, including Colombia, Brazil, Panama, Venezuela and Peru. While the Latin American IPLC organizations appeared united in their opposition to biodiversity credits, African organizations seemed to be willing to consider it.

Mmboneni Esther Mathobo of the South African NGO International Institute of Environment said that her organization was in support of biodiversity credits, which could, she said, not only help the community earn money but also motivate them further to preserve biodiversity.

“We are influencing and making sure that our rights are safeguarded and protected in this newly emerging market of bringing biodiversity credits,” said Mathobo.

Currently, Namibia is implementing its first biodiversity carbon credits project in partnership with the World Wildlife Fund (WWF). Known as the Wildlife Credits Scheme, the project is known as a Payment for Ecosystem Services (PES) that rewards communities for protecting wildlife and biodiversity.  Mathobo said that the project in Namibia made her realize that there was a great opportunity for local communities to conserve and restore biodiversity and earn from it.

“We faced many challenges to earn carbon credits because that system was established and created behind our heads. And now we wake up, but we find ourselves sitting with a lot of problems in that market where our communities are not even benefiting. But we believe that with the engagement of the biodiversity alliance, UNDP, we are going to be the ones making sure that whatever happens in the biodiversity credit market, it benefits all our regions and all our communities, as well as safeguarding and protecting our rights,” she said.

“To each their own, if Latin American indigenous communities feel they don’t want to trade natural resources, that’s their right. But in Africa, we have the potential to earn biodiversity credits and we need the money, so we are supporting it,” Mahobo commented when reminded of the opposition of Latin American countries to biodiversity credits.

Source: World Economic Forum Report on Biodiversity Credit

IPS UN Bureau Report