Peru Faces Challenge of Climate Change-Driven Internal Migration

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Climate Change

LIMA, Sep 28 2023 (IPS) – Nearly 700,000 people have migrated internally in Peru due to the effects of climate change. This mass displacement is a clear problem in this South American country, one of the most vulnerable to the global climate crisis due to its biodiversity, geography and 28 different types of climates.


“We recognize migration due to climate change as a very tangible issue that needs to be addressed,” Pablo Peña, a geographer who is coordinator of the Emergency and Humanitarian Assistance Unit of the International Organization for Migration (IOM) in Peru, told IPS.

In an interview with IPS at the UN agency’s headquarters in Lima, Peña reported that according to the international Internal Displacement Monitoring Center, the number of people displaced within Peru’s borders by disasters between 2008 and 2022 is estimated at 659,000, most of them floods related to climate disturbances.

“We recognize migration due to climate change as a very tangible issue that needs to be addressed.” — Pablo Peña

In this Andean country of 33 million inhabitants, there is a lack of specific and centralized data to determine the characteristics of migration caused by environmental and climate change factors.

Peña said that through a specific project, the IOM has collaborated with the Peruvian government in drafting an action plan aimed at preventing and addressing climate-related forced migration, on the basis of which a pilot project will begin in October to systematize information from different sources on displacement in order to incorporate the environmental and climate component.

“We aim to be able to define climate migrants and incorporate them into all regulations,” said the expert. The project, which includes gender, rights and intergenerational approaches, is being worked on with the Ministries of the Environment and of Women and Vulnerable Populations.

He added that this type of migration is multidimensional. “People can say that they left their homes in the Andes highlands because they had nothing to eat due to the loss of their crops, and that could be interpreted, superficially, as forming part of economic migration because they have no means of livelihood. But that cause can be associated with climatic variables,” Peña said.

In a 2022 report, the United Nations Food and Agriculture Organization (FAO) identified Peru as the country with the highest level of food insecurity in South America.

Pablo Peña, coordinator of the Emergency and Humanitarian Assistance Unit of the International Organization for Migration (IOM) in Peru, stands in front of the headquarters of this United Nations agency in Lima. He highlights the need to address the situation of internal migration driven by the impacts of climate change. CREDIT: Mariela Jara / IPS

Pablo Peña, coordinator of the Emergency and Humanitarian Assistance Unit of the International Organization for Migration (IOM) in Peru, stands in front of the headquarters of this United Nations agency in Lima. He highlights the need to address the situation of internal migration driven by the impacts of climate change. CREDIT: Mariela Jara / IPS

The Central Reserve Bank, in charge of preserving monetary stability and managing international reserves, lowered in its September monthly report Peru’s economic growth projection to 0.9 percent for this year, partly due to the varied impacts of climate change on agriculture and fishing.

This would affect efforts to reduce the poverty rate, which stands at around 30 percent in the country, where seven out of every 10 workers work in the informal sector, and would drive up migration of the population in search of food and livelihoods.

“The World Bank estimates that by 2050 there will be more than 10 million climate migrants in Latin America,” said Peña.

The same multilateral institution, in its June publication Peru Strategic Actions Toward Water Security, points out that people without economic problems are 10 times more resistant than those living in poverty to climatic impacts such as floods and droughts, which are increasing at the national level.

The country is currently experiencing the Coastal El Niño climate phenomenon, which in March caused floods in northern cities and droughts in the south. The official National Service of Meteorology and Hydrology warned that in January 2024 it could converge with the El Niño Southern Oscillation (ENSO) global phenomenon, accentuating its impacts.

El Niño usually occurs in December, causing the sea temperature to rise and altering the rainfall pattern, which increases in the north of the country and decreases in the south.

The manager of Natural Resources of the Piura regional government, Juan Aguilar, described the vulnerability to climate change of this northern coastal region of Peru at a September meeting organized by the IOM in Lima. The official explained that the El Niño climate phenomenon has become more intense and frequent due to the effects of climate change, which aggravates its impacts on the population, such as severe flooding this year. CREDIT: Mariela Jara / IPSThe manager of Natural Resources of the Piura regional government, Juan Aguilar, described the vulnerability to climate change of this northern coastal region of Peru at a September meeting organized by the IOM in Lima. The official explained that the El Niño climate phenomenon has become more intense and frequent due to the effects of climate change, which aggravates its impacts on the population, such as severe flooding this year. CREDIT: Mariela Jara / IPS

The manager of Natural Resources of the Piura regional government, Juan Aguilar, described the vulnerability to climate change of this northern coastal region of Peru at a September meeting organized by the IOM in Lima. The official explained that the El Niño climate phenomenon has become more intense and frequent due to the effects of climate change, which aggravates its impacts on the population, such as severe flooding this year. CREDIT: Mariela Jara / IPS

Reluctance to migrate to safer areas

Piura, a northern coastal department with an estimated population of just over two million inhabitants, has been hit by every El Niño episode, including this year’s, which left more than 46,000 homes damaged, even in areas that had been rebuilt.

Juan Aguilar, manager of Natural Resources of the Piura regional government, maintains that the high vulnerability to ENSO is worsening with climate change and is affecting the population, communication routes and staple crops.

At an IOM workshop on Sept. 5 in Lima, the official stressed that Piura is caught up in both floods and droughts, in a complex context for the implementation of spending on prevention, adaptation and mitigation.

Aguilar spoke to IPS about the situation of people who, despite having lost their homes for climatic reasons, choose not to migrate, in what he considers to be a majority trend.

“People are not willing overall to move to safer areas, even during El Niño 2017 when there were initiatives to relocate them to other places; they prefer to wait for the phenomenon to pass and return to their homes,” he added.

View of the Rimac River as it passes through the municipality of Lurigancho-Chosica, in the Peruvian province of Lima. In this town, many families are still living in housing in areas at high risk, which is exacerbated during the rainy season that begins in December and has intensified due to climate change and the increased recurrence of the El Niño climate phenomenon. CREDIT: Mariela Jara / IPS

View of the Rimac River as it passes through the municipality of Lurigancho-Chosica, in the Peruvian province of Lima. In this town, many families are still living in housing in areas at high risk, which is exacerbated during the rainy season that begins in December and has intensified due to climate change and the increased recurrence of the El Niño climate phenomenon. CREDIT: Mariela Jara / IPS

He explained that this attitude is due to the fact that they see the climatic events as recurrent. “They say, I already experienced this in such and such a year, and there is a resignation in the sense of saying that we are in a highly vulnerable area, it is what we have to live with, God and nature have put us in these conditions,” Aguilar said.

He acknowledged that with regard to this question, public policies have not made much progress. “For example after 2017 a law was passed to identify non-mitigable risk zones, and that has not been enforced despite the fact that it would help us to implement plans to relocate local residents to safer areas,” he added.

The regional official pointed out that “we do not have an experience in which the State says ‘I have already identified this area, there is so much housing available here for those who want to relocate’ , because the social cost would be so high.”

“We have not seen this, and the populace has the feeling that if they are going to start somewhere else, the place they abandon will be taken by someone else, and they say: ‘what is the point of me moving, if the others will be left here’,” Aguilar said.

Paulina Vílchez, 72, has always lived in the Peruvian municipality of Lurigancho-Chosica. Despite the fear every year that the Rimac River might flood and that mudslides could occur in one of the 21 ravines in the area, she has never thought of moving away. "I'm not going to go to an empty plot to start all over again, that's why I've stayed. I leave everything in the hands of God," she said. CREDIT: Mariela Jara / IPS

Paulina Vílchez, 72, has always lived in the Peruvian municipality of Lurigancho-Chosica. Despite the fear every year that the Rimac River might flood and that mudslides could occur in one of the 21 ravines in the area, she has never thought of moving away. “I’m not going to go to an empty plot to start all over again, that’s why I’ve stayed. I leave everything in the hands of God,” she said. CREDIT: Mariela Jara / IPS

The fear of starting over

Some 40 km from the Peruvian capital, in Lurigancho-Chosica, one of the 43 municipalities of the province of Lima, the local population is getting nervous about the start of the rainy season in December, which threatens mudslides in some of its 21 ravines. The most notorious due to their catastrophic impact occurred in 1987, 2017, 2018 and March of this year.

Landslides, known in Peru by the Quechua indigenous term “huaycos”, have been part of the country’s history, due to the combination of the special characteristics of the rugged geography of the Andes highlands and the ENSO phenomenon.

In an IPS tour of the Chosica area of Pedregal, one of the areas vulnerable to landslides and mudslides due to the rains, there was concern in the municipality about the risks they face, but also a distrust of moving to a safer place to start over.

“I came here to Pedregal as a child when this was all fields where cotton and sugar cane were planted. I have been here for more than sixty years and we have progressed, we no longer live in shacks,” said 72-year-old Paulina Vílchez, who lives in a nicely painted two-story house built of cement and brick.

On the first floor she set up a bodega, which she manages herself, where she sells food and other products. She did not marry or have children, but she helped raise two nieces, with whom she still lives in a house that is the fruit of her parents’ and then her own efforts and which represents decades of hard work.

Vílchez admits that she would like to move to a place where she could be free of the fear that builds up every year. But she said it would have to be a house with the same conditions as the one she has managed to build with so much effort. “I’m not going to go to an empty plot to start all over again, that’s why I’ve stayed. I leave everything in the hands of God,” she told IPS.

Maribel Zavaleta's home in the Peruvian municipality of Chosica is built of wood, near the Rimac River and just a meter from the train tracks. She arrived there in 1989, relocated after a mud, water and rock slide two years earlier in another part of the town. She constantly worries that another catastrophe will happen again, and says she would relocate if she were guaranteed safer land and materials to build a new house. CREDIT: Mariela Jara / IPS

Maribel Zavaleta’s home in the Peruvian municipality of Chosica is built of wood, near the Rimac River and just a meter from the train tracks. She arrived there in 1989, relocated after a mud, water and rock slide two years earlier in another part of the town. She constantly worries that another catastrophe will happen again, and says she would relocate if she were guaranteed safer land and materials to build a new house. CREDIT: Mariela Jara / IPS

Very close to the Rimac River and next to the railway tracks that shake her little wooden house each time the train passes by lives Maribel Zavaleta, 50, born in Chosica, and her family of two daughters, a son, and three granddaughters.

“I came here in 1989 with my mom, she was a survivor of the 1987 huayco, and we lived in tents until we were relocated here. But it’s not safe; in 2017 the river overflowed and the house was completely flooded,” she told IPS.

Zavaleta started her own family at the age of 21, but is now separated from her husband. Her eldest son lives with his girlfriend on the same property, and her older daughter, who works and helps support the household, has given her three granddaughters. The youngest of her daughters is 13 and attends a local municipal school.

“I work as a cleaner and what I earn is only enough to cover our basic needs,” she said. She added that if she were relocated again it would have to be to a plot of land with a title deed and materials to build her house, which is now made of wood and has a tin roof, while her plot of land is fenced off with metal sheets.

“I can’t afford to improve my little house or leave here. I would like the authorities to at least work to prevent the river from overflowing while we are here,” she said, pointing to the rocks left by the 2017 landslide that have not been removed.

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Latin America Is Lagging in Its Homework to Meet the SDGs

Civil Society, Conferences, Development & Aid, Editors’ Choice, Featured, Global, Global Governance, Headlines, IPS UN: Inside the Glasshouse, Latin America & the Caribbean, Regional Categories, Sustainable Development Goals

Sustainable Development Goals

A view of the Altos de Florida neighborhood in Bogotá, Colombia. Overcoming poverty is the first of the Sustainable Development Goals, and in the Latin American and Caribbean region there is not only slow progress but even setbacks in the path to reduce it. CREDIT: Freya Mortales / UNDP

A view of the Altos de Florida neighborhood in Bogotá, Colombia. Overcoming poverty is the first of the Sustainable Development Goals, and in the Latin American and Caribbean region there is not only slow progress but even setbacks in the path to reduce it. CREDIT: Freya Mortales / UNDP

CARACAS, Sep 15 2023 (IPS) – The Latin American and Caribbean region is arriving at the Sustainable Development Goals Summit on the right track but far behind in terms of progress, at the halfway point to achieve the SDGs, which aim to overcome poverty and create a cleaner and healthier environment.


“We are exactly halfway through the period of the 2030 Agenda for Sustainable Development, but we are not half the way there, as only a quarter of the goals have been met or are expected to be met that year,” warned ECLAC Executive Secretary José Manuel Salazar-Xirinachs.

“We are exactly halfway through the period of the 2030 Agenda for Sustainable Development, but we are not half the way there, as only a quarter of the goals have been met or are expected to be met that year.” — José Manuel Salazar-Xirinachs

However, the head of the Economic Commission for Latin America and the Caribbean (ECLAC) stressed, in response to a questionnaire submitted to him by IPS, that “the percentage of targets on track to be met is higher than the global average,” partly due to the strengthening of the institutions that lead the governance of the SDGs.

The 17 SDGs include 169 targets, to be measured with 231 indicators, and in the region 75 percent are at risk of not being met, according to ECLAC, unless decisive actions are taken to forge ahead: 48 percent are moving in the right direction but too slowly to achieve the respective targets, and 27 percent are showing a tendency to backslide.

The summit was convened by UN Secretary-General António Guterres for Sept. 18-19 at the United Nations headquarters in New York, under the official name High-Level Political Forum on Sustainable Development.

The stated purpose is to “step on the gas” to reach the SDGs in all regions, in the context of a combination of crises, notably the COVID-19 pandemic, inflation, new wars, and the climate and food crises.

The SDGs address ending poverty, achieving zero hunger, health and well-being, quality education, gender equality, clean water and sanitation, affordable and clean energy, decent work and economic growth, industry, innovation and infrastructure, and reducing inequalities.

They also are aimed at sustainable cities and communities, responsible production and consumption, climate action, underwater life, life of terrestrial ecosystems, peace, justice and strong institutions, and partnerships to achieve the goals.

Drinking water is distributed from tanker trucks in the working-class Petare neighborhood in eastern Caracas. Access to safe drinking water and sanitation is another of the goals that are being addressed with a great variety of results within Latin American and Caribbean countries, and there is no certainty that this 2030 Agenda target will be reached in the region. CREDIT: Caracas city government

Drinking water is distributed from tanker trucks in the working-class Petare neighborhood in eastern Caracas. Access to safe drinking water and sanitation is another of the goals that are being addressed with a great variety of results within Latin American and Caribbean countries, and there is no certainty that this 2030 Agenda target will be reached in the region. CREDIT: Caracas city government

Progress is being made, but slowly

“In all the countries of the region progress is being made, but in many not at the necessary rate. The pace varies greatly and we are not where we would like to be,” Almudena Fernández, chief economist for the region at the United Nations Development Program (UNDP), told IPS from New York.

Thus, said the Peruvian economist, “there is progress, for example, on some health or energy and land care issues, but we are lagging in achieving more sustainable cities, and we are not on the way to achieving, regionally, any of the poverty indicators.”

Salazar-Xirinachs, who is from Costa Rica, said from Santiago that “the countries that have historically been at the forefront in public policies are the ones that have made the greatest progress, such as Uruguay in South America, Costa Rica in Central America or Jamaica in the Caribbean. They have implemented a greater diversity of strategies to achieve the SDGs.”

A group of experts led by U.S. economist Jeffrey Sachs prepared graphs for the UN on how countries in the various developing regions are on track to meet the goals or still face challenges – measured in three grades, from moderate to severe – and whether they are on the road to improvement, stagnation or regression.

According to this study, the best advances in poverty reduction have been seen in Brazil, El Salvador, Guyana, Paraguay, the Dominican Republic and Uruguay, while the greatest setbacks have been observed in Argentina, Belize, Ecuador and Venezuela.

In the fight for zero hunger, no one stands out; Brazil, after making progress, slid backwards in recent years, and the best results are shown by Caribbean countries.

In health and well-being, education and gender equality, there are positive trends, although stagnation has been seen, especially in the Caribbean and Central American countries.

In water and sanitation, energy, reduction of inequalities, economic growth, management of marine areas, terrestrial ecosystems, and justice and institutions, Sachs’ dashboard shows the persistence of numerous obstacles, addressed in very different ways in different countries.

Many countries in Central America and the Caribbean are on track to meet their climate action goals, and in general the region has made progress in forging alliances with other countries and organizations to pave the way to meeting the SDGs.

Young people in a Latin American country share a vegetable-rich meal outdoors. The notion of consuming products produced with environmentally sustainable techniques is gaining ground, and a private sector whose DNA is embedded in the search for positive environmental and social repercussions is flourishing. CREDIT: Pazos / Unicef

Young people in a Latin American country share a vegetable-rich meal outdoors. The notion of consuming products produced with environmentally sustainable techniques is gaining ground, and a private sector whose DNA is embedded in the search for positive environmental and social repercussions is flourishing. CREDIT: Pazos / Unicef

A question of funds

Even before the pandemic that broke out in 2020, Fernández said, the region was not moving fast enough towards the SDGs; its economic growth has been very low for a long time – and remains so, at no more than 1.9 percent this year – and growth with investment is needed in order to reduce poverty.

In this regard, Fernández highlighted the need to expand fiscal revenues, since tax collection is very low in the region (22 percent of gross domestic product, compared to 34 percent in the advanced economies of the Organization for Economic Cooperation and Development), “although progress will not be made through public spending alone,” she said.

Salazar-Xirinachs pointed out that “in addition to financial resources, it is very important to adapt actions to specific areas to achieve the 2030 Agenda. The measures implemented at the subnational level are of great importance. Specific problems in local areas cannot always be solved with one-size-fits-all policies.”

Fernández underlined that the 2030 Agenda “has always been conceived as a society-wide agenda, and the private sector plays an essential role, particularly the areas that are flourishing because it has a positive social and environmental impact on their DNA, and there are young consumers who use products made in a sustainable way.”

ECLAC’s Salazar-Xirinachs highlighted sensitized sectors as organized civil society and the private sector, for their participation in sustainable development forums, follow-up actions and public-private partnerships moving towards achievement of the SDGs.

Finally, with respect to expectations for the summit, the head of ECLAC aspires to a movement to accelerate the 2030 Agenda in at least four areas: decent employment for all, generating more sustainable cities, resilient infrastructure that offers more jobs, and improving governance and institutions involved in the process.

ECLAC identified necessary “transformative measures”: early energy transition; boosting the bioeconomy, particularly sustainable agriculture and bioindustrialization; digital transformation for greater connectivity among the population; and promoting exports of modern services.

It also focuses on the care society, in response to demographic trends, to achieve greater gender equality and boost the economy; sustainable tourism, which has great potential in the countries of the region; and integration to enable alliances to strengthen cooperation in the regional bloc.

In summary, ECLAC concludes, “it would be very important that during the Summit these types of measures are identified and translate into agreements in which the countries jointly propose a road map for implementing actions to strengthen them.”

 

USAID Offers Protection to Journalists & NGOs Facing Defamation Lawsuits

By Thalif Deen
UNITED NATIONS, May 12 2023 (IPS)

The world’s news media — both under authoritarian regimes and democratic governments– continue to come under relentless attacks and political harassment.


“Freedom of the press is the foundation of democracy and justice. It gives all of us the facts we need to shape opinions and speak truth to power. But in every corner of the world, freedom of the press is under attack,” UN Secretary-General Antonio Guterres said on World Press Freedom Day May 3.

Journalists and media workers, he said, are directly targeted on and offline as they carry out their vital work. They are routinely harassed, intimidated, detained and imprisoned.

At least 67 media workers were killed in 2022 — a 50 per cent increase over the previous year. Nearly three quarters of women journalists have experienced violence online, and one in four have been threatened physically, according to the UN.

But there is also an increase in non-physical attacks, including defamation lawsuits against media organizations challenging their legitimate right to free expression.

The Washington-based US Agency for International Development (USAID) last week launched Reporters Shield, a new membership program that protects journalists around the world– who report in the public interest– from defamation lawsuits and legal threats.

Established as a U.S.-based nonprofit organization by the Organized Crime and Corruption Reporting Project (OCCRP) and the Cyrus R. Vance Center for International Justice, Reporters Shield has been described as “a first-of-its-kind global program that defends investigative reporting around the world from legal threats meant to silence critical voices”.

USAID, which has a long history of fostering the growth of independent media across the world, plans to work with Congress to contribute up to $9 million in seed funding for this groundbreaking new program to support media outside the United States, according to a May 2 press release.

In a statement released last week, USAID said investigative journalists and civil society organizations reporting in the public interest are increasingly facing lawsuits that aim to harass and silence them by burdening them with the cost and time of a legal defense until they abandon their stories or go out of business entirely.

Reporters Shield will help to reduce these risks through training and pre-publication review, as well as funding legal representation to fight lawsuits and other legal actions meant to intimidate and financially burden reporters.

In order to keep the program sustainable, member organizations participating in Reporters Shield will pay reasonable annual fees that are based on a variation of factors, including location of the outlet and how many stories they produce a year.

“To be considered for membership in Reporters Shield, an organization must be legally registered and focus primarily in news, public interest, and/or investigative reporting; publish reporting in print and/or online; have non-profit status or transparent ownership; be independent from political, commercial, or other undue influence or interference; and have editorial independence and adhere to professional editorial standards”.

Reporters Shield is accepting applications worldwide and will be reviewing them in a phased approach, with some regions receiving benefits in the coming months, and others added later this year and in 2024.

Interested organizations can find more information and apply for membership by visiting reporters-shield.org.

The development of Reporters Shield has been supported by the generous pro bono legal support of the law firms of Proskauer, Primmer Piper Eggleston & Cramer PC, and Weil, Gotshal & Manges LLP.

www.usaid.gov/democracy/reporters-shield.

Mandeep S. Tiwana, Chief Programmes Officer at CIVICUS, a global alliance of civil society organizations (CSOs), told IPS “these are hard times for media freedoms due to disinformation and attacks on civic space spurred by deepening authoritarianism, denigration of democracy through populism and consolidation of wealth by oligarchs”.

Uncovering serious human rights violations and high-level corruption, he pointed out, is becoming increasingly dangerous and costly for investigative journalists and civil society activists.

When few companies are ready to sign the Anti- Strategic Lawsuits Against Public Participation (SLAPP) pledge and crafty politicians are busy undermining the independence of judiciaries, this initiative comes at a critical time,” he declared.

According to the Anti-SLAPP pledge by Global Citizen, an international education and advocacy organization, strategic lawsuits against public participation, or SLAPPs, are not a legitimate business strategy for companies.

“The private sector thrives in functioning democratic societies, where the right to freedom of expression is a respected bedrock principle and where everyone can express their views without fear of intimidation or reprisal”.

“Lawsuits and legal tactics meant to silence civil organizations and human rights defenders aren’t just bad for societies, they’re also damaging to companies. When companies stifle free expression, they limit their ability to manage risk related to their operations and global supply chains.”

As companies that are committed to operating in societies where people are able to exercise fundamental rights, said Global Citizen, “we pledge to: define Strategic lawsuits against public participation, or SLAPPs, as both lawsuits and legal tactics that are designed to silence critics and abridge citizens’ ability to exercise fundamental rights.”

— Refrain from engaging in SLAPPs against human rights and environmental defenders and civil society organizations that support affected rights-holders.

— Recognize the critical role that civil society organizations and human rights defenders play in creating a profitable enabling environment for the private sector.

— Encourage partners and suppliers within our value chain to refrain from engaging in SLAPPs to silence legitimate activism.

IPS UN Bureau Report

 


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UN Plan of Action on Safety of Journalists

Credit: Shutterstock
 
On World Press Freedom Day 2023, UNESCO will organize a special anniversary event at UN headquarters in New York, marking the 30 years since the UN General Assembly’s decision proclaiming an international day for press freedom.

This anniversary edition of World Press Freedom Day will include a full day of activities at the UN Headquarters on 2nd May. Partners from the media, academia, and civil society are invited to organize events in New York and around the world centered on this year’s theme.

By Audrey Azoulay
PARIS, May 1 2023 (IPS)

Freedom of the press is the cornerstone of democratic society. Without a debate of ideas, without verified facts, without diversity of perspectives, democracy is a shadow of itself; and World Press Freedom Day was established to remind us of this.


For the international community, it is first and foremost a question of combating the impunity that still surrounds crimes of which journalists are victims, with nearly nine out of ten murders of journalists going unpunished.

This, for instance, is the objective of the United Nations Plan of Action on the Safety of Journalists and the issue of Impunity, which UNESCO has been leading for ten years. It is also about ensuring that independent media can continue to exist.

With the digital revolution, the information landscape and its modes of production and distribution have been radically disrupted, jeopardizing the viability of independent professional media.

To ensure that information remains a common good in the digital age, our Member States, through the Windhoek +30 Declaration of 2021, have undertaken to support independent journalism, ensure greater transparency of online platforms, and develop media and information literacy.

We will not be able to do this without the actors who now have significant control over access to information: the digital platforms. This is why UNESCO held the “Internet for Trust” conference in February, as an essential step towards the development of principles to regulate digital platforms.

This is a fundamental issue, because it involves both protecting freedom of expression and fighting disinformation and hate speech. Thirty years after the first World Press Freedom Day, we can see how far we have come and how far we still have to go.

So, let this Day be an opportunity to renew our commitment, within international organizations, to defending journalists and, through them, press freedom.

Footnote: As the UN Organization responsible for defending and promoting freedom of expression, media independence and pluralism, UNESCO leads the organization of World Press Freedom Day each year.

This year’s celebration will be particularly special: the international community will mark the 30th anniversary of the proclamation of the Day by the United Nations General Assembly.

It will serve as an occasion to take stock of the global gains for press freedom secured by UNESCO and its partners in the past decades, as well as underline the new risks faced in the digital age.

IPS UN Bureau

 


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Excerpt:

Audrey Azoulay is Director-General of UNESCO Source

A Proposal for a UN Freedom of Information Act Never Got Off the Ground

Credit: UNESCO Attribution 3.0 IGO
 
Celebrated every 3rd of May, this year’s theme for World Press Freedom Day will be “Shaping a Future of Rights: Freedom of Expression as a Driver for all other Human Rights.”  

By Thalif Deen
UNITED NATIONS, May 1 2023 (IPS)

The United Nations has consistently been a vociferous advocate of freedom of the press – and, most importantly, the right of journalists to report without fear of reprisals.

But regrettably, the UN is also one of most opaque institutions where transparency is never the norm.


Journalists, rarely if ever, were able to get any on-the-record comments or reactions from ambassadors, diplomats and senior UN officials because most of them follow the advice given to Brits during war-time censorship in the UK: “Be like Dad, Keep Mum”.

As Winston Churchill once remarked: “Diplomacy is the art of telling people ‘to go to hell’ in such a way that they ask for directions.”

But as a general rule, most ambassadors and diplomats did not tell us either to go to hell or heaven– but avoided all comments on politically-sensitive issues with the standard non-excuse: ”Sorry, we have to get clearance from our capital”.

But that “clearance” from their respective foreign ministries never came. Still, it was hard to beat a response from a tight-lipped Asian diplomat who told me: “No comment” – and as an after-thought, added: “And Don’t Quote Me on That”.

And most senior UN officials, on the other hand, never had even the basic courtesy or etiquette to respond to phone calls or email messages even with an acknowledgment. The lines of communications were mostly dead.

When I complained to the media-savvy Shashi Tharoor, a former UN Under-Secretary-General, head of the one-time Department of Public Information (DPI) and a prolific author, he was explicit in his response when he said that every UN official – “from an Under-Secretary-General to a window-washer”—has the right to express an opinion in his or her area of expertise.

The US Freedom of Information Act (FOIA), which dates back to 1967, has provided the public and mostly the press in the United States the right to request access to records from any federal agency—and has been described as “the law that keeps citizens in the know about their government”.

As a result, some of the newspaper scoops and insider information in the US mainstream media have come following requests from American journalists under the FOIA.

But a longstanding proposal for a FOIA at the United Nations has failed to get off the ground due largely to the inaction by the 193-member General Assembly, the UN’s highest policy making body, resulting in the lack of transparency in the inner workings of the UN and its Secretariat.

So has the proposal for a UN Special Envoy to deal with safety of journalists—dead on arrival (DOA).

Andreas Bummel, Executive Director, Democracy Without Borders, told IPS: the UN is an institution that exercises public authority directly and indirectly with over 30,000 working in the Secretariat (plus the UN system worldwide).

“As such, it needs to be accountable not only to its member states but to citizens and the public at large.

Establishing a proper freedom of information procedure at the UN will be an important tool to enhance this, declared Bummel, co-author of “A World Parliament: Governance and Democracy in the 21st Century.”

Martin S. Edwards, Professor and Chair, School of Diplomacy and International Relations at Seton Hall University in the US, told IPS: “I must admit I don’t know the legal angles here. This having been said, it’s pretty clear to me that the only way forward for the UN in an era of political division is greater transparency”

Greater efforts to “tell your story better” are not enough. You can’t advocate for “effective, accountable, and inclusive” institutions at the national level without it, within the UN system too. Things like access to information are an essential step in that direction, he added.

In the US, federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions which protect interests such as personal privacy, national security, and law enforcement.

In Australia, the legislation is known as Right2Know; in Bangladesh, the Right to Information (RTI) provides resources for those seeking to file a request with government agencies; in Japan, the Citizens’ Centre for Information Disclosure offers help to those interested in filing requests; in India, the Right to Information: a Citizen Gateway is the portal for RTI; Canada’s Access to Information Act came into force in 1983 and Kenya’s Access to Information Act was adopted in August 2016, according to the Centre for Law and Democracy (CLD).

And Sweden’s Freedom of the Press Act of 1766 has been described as the “oldest in the world.”

While FOIA covers access to federal government agency records, the Freedom of Information Law (FOIL) guarantees access to state and local government records. All 50 states in the US also have freedom of information laws that govern access to these documents, though the provisions of the state laws vary considerably.

The Paris-based UN Educational, Scientific and Cultural Organization (UNESCO), which is mandated to oversee press freedom, defines Freedom of Information (FOI) as the right to access information held by public bodies.

According to UNESCO, the FOI is an integral part of the fundamental right of freedom of expression, as recognized by Resolution 59 of the UN General Assembly adopted in 1946, as well as by Article 19 of the Universal Declaration of Human Rights (1948), which states that the fundamental right of freedom of expression encompasses the freedom to “to seek, receive and impart information and ideas through any media and regardless of frontiers”.

FOI has also been enshrined as a “freedom of expression” in other major international instruments, including the International Covenant on Civil and Political Rights (1966) and the American Convention on Human Rights (1969).

In an interview with IPS back in 2017, Samir Sanbar, a former UN Assistant Secretary-General who headed the one-time Department of Public Information (DPI), said the right to information is an integral part of U.N. principles.

But providing that right—even the basic information available in the public domain– has been stymied both by member states and the UN bureaucracy, he added.

He pointed out that the need to “inform the peoples” is implicitly indicated in the UN Charter.

But implementing it was “a basic issue I had experienced throughout my work, with both certain government officials– including those publicly claiming open channels– and many senior U.N. Secretariat colleagues”.

Those who believed “Information is Power” were very hesitant, to what they perceived was sharing their authority with a wider public, said Sanbar who served under five different UN Secretaries-General.

“It was most evident that when I launched the now uncontested website www.un.org, a number of powerful Under-Secretaries-General (USGs) and Permanent Representatives cautioned me against “telling everyone what was happening” (in the UN system) and refused to authorize any funds.”

“I had to raise a team of DPI volunteers in my office, operating from within the existing budget, to go ahead and eventually offer computers loaned from an outside source, to certain delegations to realize it was more convenient for them to access news releases than having to send one of their staffers daily to the building to collect material from the third floor.“

Eventually, everyone joined in, and the site became one of the ten best official sites worldwide.

“We had a similar difficulty in prodding for International World Press Freedom Day through the General Assembly. It seems that even those with the best of intentions– since delegates represent official governments that view free press with cautious monitoring– are usually weary of opening a potentially vulnerable issue,” said Sanbar, author of the book “Inside the U.N. in a Leaderless World’.

This article contains excerpts from a 2021 book on the United Nations—largely a collection of political anecdotes– titled “No Comment – and Don’t Quote Me on That,” available on Amazon. The link to Amazon via the author’s website follows: https://www.rodericgrigson.com/no-comment-by-thalif-deen/

IPS UN Bureau Report

 


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The Need for a Strong Legal Treaty on Business & Human Rights

The open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights was established in 2014 in response to Human Rights Council resolution 26/9 with a mandate to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises.

By Simone Galimberti
KATHMANDU, Nepal, Mar 31 2023 (IPS)

The ongoing discussions on an internationally treaty, described as a “legally binding instrument” on business and human rights, remains one of the most neglected issues that should instead command the attention of the public.


Such a legal tool would bind companies to uphold high standards and most importantly, it would entail mandatory guarantees for accessible and inclusive remedy and therefore, clear liabilities for victims of alleged abuses perpetrated by companies.

It all started in 2014 when two nations of the South, Ecuador and South Africa successfully pushed for a resolution at the UN Human Rights Council on the establishment of a so called “international legally binding instrument on transnational corporations and other business enterprises with respect to human rights”.

By reading the title of the resolution you can immediately realize that one of the conundrums being discussed is the overarching scope of such treaty especially in the reference of the nature of the companies being subject to it.

In practice, would only multinational or also national private corporations come under its jurisdiction?

Interestingly, at the Intergovernmental Working Group (IGWG) created to draft the text of the treaty, many developing nations, for example, like Indonesia, were strongly advocating for only multinationals to be included.

This is a position of convenience that would exclude local major operators involved in the plantations business from coming under scrutiny of the treaty.

Other complex issues are centered on the liability especially in relation to instances where a corporation is “only” directly linked to the harm rather than cause.

As explained by Tara Van Ho, a lecturer at the University of Essex School of Law and Human Rights Centre, if “a business is only “directly linked to” the harm, it does not need to provide remedies but can instead use its “leverage” to affect change in its business partners.”

The difference between causing or contributing to harm and instead being only liked to it can be subtle and remain an exclusive debate among scholars, but its repercussions could or could not ensure justice to millions of people victims of corporate abuses.

Another point of attrition is the complex issue of the statutes of limitations and the role of domestic jurisdiction over the future treaty.

With all these challenges, after 8 years of negotiations, the drafting is moving in slow motion amid a general disinterest among state parties, as explained by Elodie Aba for Business & Human Rights Resource Centre

An issue that should capture global attention has instead become a realm of technical discussions among governments, academicians and civil society members without generating mass awareness about it.

The need for a treaty related to abuses of corporations is almost self-evident, considering the gigantic proofs that have been emerging both in the North and South.

Despite nice words and token initiatives, the private sector has been more than often keen to close its eyes before abuses occurring through its direct actions or throughout its supply chains.

Amid weak legislations, especially in developing countries, the hard job of trying to keep companies accountable, until now, has depended on a set of non-binding, voluntary procedures formally known as the Guiding Principles on Business and Human Rights.

The Principles, prepared by late Harvard Professor John G. Ruggie in his capacity as UN Special Representative on Business and Human Rights, proved to be a useful but at the same time inadequate tool.

It has been useful because it was instrumental in raising the issue of human rights within the corporate sector, something that was for too long and till recently, a taboo.

In order to further mainstream it, for example, a UN Working Group on Business and Human Rights has been established as a special procedure within UN Human Rights.

Along the years, this independent group, composed by pro bono academicians, has carried out considerable work to strengthen both the understanding of and the adherence to the Principles.

There is no doubt that there have been attempts at going deeper, especially from the legal point of view on the Principles, especially on their articles related to right to remedy, the thorniest issue.

In this regard, the Accountability and Remedy Project have been providing a whole set of insights through multiple consultations and discussions, a process that still ongoing with the overall purpose of making a stronger cases on “the right to remedy, a core tenet of the international human rights system”.

Yet principles, UN Global Compact, are toothless tool and showed considerable limitations, starting from the most obvious element, the fact that they are not binding.

In the meantime, in 2021 the UN Working Group on Business and Human Rights, on occasion of their 10th anniversary of the Principles, launched road map for the next 10 years.

It is actions, despite their intrinsic limitations due to the nature of the Principles, should be supported but more financial resources are indispensable. Yet finding the financial resources or better the political will to do so remains an issue.

A recommendation from late Prof. Ruggie to create a Voluntary Fund for Business and Human Rights did not go anywhere.

“The Fund would provide a mechanism for supporting projects developed at local and national levels that would increase the capacity of governments to fulfill their obligations in this area as well as strengthen efforts by business enterprises and associations, trade unions, non-governmental organizations and others seeking to advance implementation of the Guiding Principles”.

Even more worrisome is the fact that till now a new Special Representative for Business and Human Rights has not been appointed yet.

Having an authoritative figure, especially a former head of state rather than an academician, could help bring more visibility to the ongoing “behind the curtain” discussions related to the need for a strong Treaty.

Such a political figure could not only command a stronger attention on the issue but also provide “cover” to the delicate work of the UN Working Group on Business and Human Rights, complementing and strengthening its mandate.

Engagement with the education sector, law and business schools, as advocated by a report published by Business and Human Rights Asia, a UNDP Program, can be essential.

Together with a stronger media coverage, students and academicians can help elevate the issue of human rights and its linkages with the private sector.

We could imagine competitions among students at national and international levels on how the principles can be better implemented as a “bridge” tool towards a binding legal mechanism.

Students could also have a major say on the opaque drafting process of this treaty.

At the end of the day, there will be compromises and shortcomings, but with a bigger bottom-up approach, a strong Treaty could become a “global” Escazu’, the first ever binding environment agreement in Latin America and the Caribbean.

UNDP with its Business and Human Rights Asia unit that recently organized in Kathmandu an excellent 4th UN South Asia Forum on Business and Human Rights. But it could also be bolder.

The forum did a great job at giving voice to indigenous people, one of the key stakeholders in the global negotiations for the treaty.

A lot of discussions were rightly held on the impact of issues like climate change and migration and their links with businesses’ attitudes and behaviors towards local populations.

Yet, there was no conversation nor on the treaty nor on the future evolution of the principles. It might certainly be an issue of a limited “mandate” but UNDP could, together with UN Human Rights, be a neutral enabler on a global discussion on the treaty and on how the Principles can further evolve while we wait for such a legal tool.

The Principles should also be better linked with the UN Compact, creating more synergies and coordination between the two.

The fact that nations like France, Germany and the Netherlands have been stepping up with new vigorous legislations in the field of business and human rights is extremely positive.

Equally important is the commitment of the EU to come up with Corporate Sustainability Due Diligence Directive (CSDDD) or the OECD to revise its Guidelines on Responsible Business Conduct but the nations behind these initiatives must commit to the drafting process of the Treaty.

Otherwise, we run the risk that discussions will continue without anyone caring about them. Such an unfortunate situation must truly be “remedied’ with the right smart mix, political will, starting from the Secretary General and a powerful alliance of progressive nations in the both South and North driving the process and involving other peer nations.

Ultimately civil society must also step up beyond their technical and legal recommendations and truly engage the people.

Simone Galimberti is the co-founder of ENGAGE and of the Good Leadership, Good for You & Good for the Society.

Opinions expressed are personal.

IPS UN Bureau

 


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