Workshop: Human Rights and Development-Induced Displacement Concept Note

Transcription

1 Workshop: Human Rights and Development-Induced Displacement Concept Note Project to Support Social Movements and Grassroots Groups Challenging Forced Displacement ESCR-Net is coordinating a multi-year project that aims to provide strategic human rights support to social movements and grassroots organizations through projects collectively defined with our members. The project aims to challenge forced displacement caused by development projects, using human rights. Across the world, in both rural and urban areas, communities are confronting imminent threats of being forcibly removed from their lands and homes as a result of large development projects. In the past twenty years, over 250 million people have been displaced in the name of development. It is estimated that, today, some 15 million people are affected by DID annually 1 - far more than those who are displaced due to armed conflicts and war. In some countries, large-scale land acquisition and forcible population removal has been widespread; displacing more than 60 million people in India and over 40 million in China in the past years. 2 This trend appears to be intensifying; the FAO estimated that, in Africa, twenty million hectares of lands traditionally used by small farmers or pastoralists have been acquired by foreign interests in the past three years, leading to the displacement of countless people. The projects in-question are diverse; ranging from extractive industries and energy projects to infrastructure and urban renewal schemes to tourism. Some take place in remote, rural areas; others in peri-urban or urban sites, and they affect many different populations. At the same time, these projects respond to many of the same drivers, often result in similar social impacts and present many of the same human rights challenges. In the face of this pervasive threat, communities and social movements around the world are mobilizing to claim their rights. Many have issued a clear call for international solidarity and support for their struggles and to reject a development model that uproots people from their homes and lands on which their livelihoods depend, fractures communities and further impoverishes many of the world s poorest and most marginalized people. The issue has commanded the attention of the human rights community, particularly ESCR advocates, who possess substantial knowledge, experience and capacity which can be leveraged to support community-led resistance and prevent future cases of forcible population removal in the name of development. In efforts to leverage and further develop the resources of its members and partners, ESCR-Net aims to facilitate support and international solidarity for affected communities. The Network is 1 Kate Hoshour and Jennifer Kalafut, Development-Induced Displacement & Resettlement, Issue Paper, (International Accountability Project: February 2007) and Michael Cernea. Development-induced and conflict-induced IDPs: bridging the research divide found at: 2 Interview with Thayer Scudder, International Network on Displacement and Resettlement, USA and Walter Fernandes, Sixty Years of Development-induced Displacement in India, India Social Development Report 2008: Development and Displacement, ed. Hari Mohan Mathur (New Delhi: Oxford university Press 2008): 90 & 91.

2 well-positioned to facilitate this effort globally, for several reasons. First, its broad-based and diverse membership includes a number of social movements and community-based organizations who are on the front lines of struggles to realize human rights and achieve social justice. These groups, which represent people directly affected by development-induced displacement, must be at the center of efforts to devise a human rights response to this challenge. Second, many of ESCR- Net s members and partners are working to address this issue from multiple levels. They possess unique expertise and skills that could be leveraged to support each others work. As such, the Network is well positioned to facilitate discussions and mutual learning between these partners and facilitate collaboration that aims to change the policies and practices that are resulting in the forcible displacement of communities. Finally, it is becoming increasingly apparent that a human rights approach to this challenge would add significant value to the prevailing advocacy approaches currently being employed (environmental advocacy, development aid and corporate social responsibility, among others). ESCR-Net s ability to coordinate information-sharing, mutual learning and joint strategizing between participants will build on (and contribute to), the strong work of the Network s members and partners to advance a human rights agenda to confront development-induced displacement. Workshop on Human Rights and Development-Induced Displacement In efforts to advance a human rights response to development-induced displacement and facilitate collective strategies for action, ESCR-Net is coordinating a Knowledge-Sharing and Capacitybuilding Workshop with social movements, grassroots groups and other key activists and advocates working on the issue of forced displacement caused by development projects. The workshop will be held in Johannesburg, South Africa from April 30 through May 4. Local Partner The workshop will be hosted in collaboration with ESCR-Net member Legal Resources Centre, (LRC), a human rights organization in South Africa that strives for a fully democratic society based on the principle of substantive equality and to ensure that the principles, rights, and responsibilities enshrined in the South African Constitution are respected, promoted, protected and fulfilled. Started in Johannesburg in 1979, the LRC has offices in Johannesburg, Durban, Grahamstown and Cape Town, from which it works to use the law as an instrument of justice for vulnerable and marginalized people. Vision for the Workshop A mapping exercise recently concluded by ESCR-Net found that the range of actors working on development-induced displacement is broad and diverse, and their needs for support vary. The workshop will offer a unique space where the experiences and lessons learned from various struggles, experts and other resources may be shared, and a number of overarching issues may be addressed. In order to strengthen the capacity of grassroots leaders and increase the effectiveness of advocacy efforts, the workshop aims to increase collaboration amongst social movements and specialists in corporate accountability, litigation, economic policy, budget analysis and monitoring, among other areas of expertise. It is intended to build or strengthen effective partnerships, facilitate a greater common understanding about the model of development causing forcible displacement and develop a basis for collaborative work, going forward. The workshop has been designed in order to allow adequate space for the leaders and representatives of social movements to present cases where communities are facing imminent threats of forcible displacement by a development project or initiative. These presentations will be followed by a facilitated discussion amongst participants in order to generate questions, ideas, suggestions and potentially proposals for building a human rights strategy and increase

3 international solidarity with these struggles. Resource persons will engage these discussions substantively, and social movement leaders who will present cases will receive suggestions and ideas about the continued development and enhancement of the strategies they are employing to confront this challenge. Building upon these case-specific conversations, discussions will then proceed to focus on some key strategic issues that the case in-question brings to light. These include the drivers behind a model of development that considers the displacement and impoverishment of marginalized people to be consistent with the concept of progress and public interest. It also includes opportunities to counter this model using human rights-based strategies. These discussions will also address key topics of relevance to the field of development-induced displacement, some of which are mentioned below. Additionally, several skills-building sessions will be offered in order to ensure that participants emerge from the workshop with some concrete tools for their advocacy and mobilizing work. Time will also be allotted to enable participants to explore opportunities for collaboration, in terms of solidarity with local struggles as well as regional and international advocacy. Finally, throughout the program, feedback will be elicited from participants concerning the progress of ESCR-Net s project on development-induced displacement and the future activities contemplated for the remainder of the calendar year. Methodology and Format The workshop will count on the participation of people, and will run from Monday, April 30 through Thursday, May 3, with a field visit to visit communities of the Bofokeng region confronting development-induced displacement (described below) on Friday, May 4. The workshop will be organized into plenary conversations and small-group discussions. It is intended to minimize panel presentations and to optimize space for interaction between participants. In the final period of the first three days, a skills-building session will be offered, related to specific tactics or approaches that offer useful tools or models for action. Simultaneous interpretation between English, Spanish and Portuguese will be available for the duration of the week. Objectives and Intended Outcomes The objectives of the workshop are to: 1. Develop a greater common understanding of the nature and scope of development-induced displacement, the challenges it presents and strategic opportunities for advocacy 2. Facilitate mutual learning, knowledge-sharing and capacity building of organizations and social movements working in direct support of affected communities 3. Focus attention on specific issues, cutting edge approaches and/or real opportunities to advance a human rights agenda 4. Develop or strengthen long-term relationships of support and solidarity among and between social movements and with other organizations that could serve as resources for local struggle. 5. Identify a few emblematic cases involving communities facing imminent threats of forced displacement for which ESCR-Net is well-positioned to contribute strategic support in The intended outcomes of the workshop are: 1. Progress toward a common understanding amongst participants regarding the drivers behind displacement-causing development projects, the human rights challenges they present and opportunities for positive social change

4 2. Social movements, grassroots groups and the organizations that work closely with these groups gain new capacities and support to develop or enhance their strategies with which to confront the challenge of forced displacement from a human rights perspective 3. Human rights advocates and experts working in national and international NGOs and other institutions of civil society deepen their knowledge of the experiences and demands of communities affected by development-induced displacement and the strategies employed by their representative organizations and social movements to confront these challenges 4. New partnerships and alliances are forged around specific cases and/or advocacy opportunities and organizational commitments toward stronger collective action are forged 5. Key opportunities for advocacy and collaborative action are identified and mechanisms for follow-up are agreed upon 6. The future direction of ESCR-Net s project is informed by the advice and guidance of social movements and other experts Participants The workshop will be attended by a diverse range of participants. Emphasis has centered on enabling the participation of social movements leaders confronting situations whereby the communities they represent or accompany are facing real and imminent threats of being forcibly displaced as a consequence of large development projects or initiatives. These movements represent groups as diverse as indigenous peoples, small-scale fisher folk, landless workers and residents of low-income urban neighborhoods. A number of national-level NGOs from Africa, Latin America and Asia will be present and prepared to share information and experiences related to effective and innovative strategies to advocate for the rights of affected communities. Some international NGOs and independent experts will also participate, bringing particular knowledge and expertise on specific strategic and tactical issues. The workshop will also benefit from the participation of several human rights advocates and community representatives from South Africa and neighboring countries, who will share their experiences related to the southern African context and engage in mutual learning with international participants. Topics for Discussion Throughout the program, discussions that are specific to the cases presented will lead the discussion to address several overarching issues. Here, the conversation will address roles played by local and national governments, private sector actors, development agencies and emerging economic powers in creating the conditions that enable a development approach which results in forcible displacement and related human rights abuses. It will also explore the roles played by social movements and affected communities in realizing human rights and proposing alternative development models. The diversity of human rights angles being employed to address this issue (ranging from housing rights to a right to food and, sometimes, self-determination, among other claims) will also be a topic of discussion. Another topic is the potential and limitations of using human rights law in response to these challenges. There exist several issues that are currently being debated within the human rights community which will also appear in these discussions. They include the scope of the right to free, prior and informed consent (FPIC), the degree to which this right constitutes a right of veto, the extent to which this concept is applicable for non-indigenous peoples and the link between FPIC and customary law. They also include questions about the relationship between urban and rural communities confronting forced displacement in the name of development and the extent to which the challenges and human rights approaches coincide or differ. The most strategic way to promote compliance with the human rights obligations of companies and development financiers will also be a topic of debate.

5 Finally, the workshop will provide a consultative space by which a range of ESCR-Net members and partners whose work is closely related to the aims of the present project may inform the direction of the activities planned for the year These include the ongoing support being provided for specific cases and the selection of one situation for which ESCR-Net will coordinate an international mission. Finally, ESCR-Net aims to facilitate increased access to information on the topic through the development of an informational portal or other relevant tools. Workshop participants will be invited to weigh in on decisions and processes regarding these project activities for the coming year. Cases which will be presented and discussed in depth 1. The National Center for Advocacy Studies (NCAS) and the Posco Pratirodh Sangram Samiti from India will discuss plans to develop an integrated steel plant, owned by a large Koreanbased company, which is threatening to displace some 22,000 indigenous and tribal people from their forested lands. Issues for discussion: corporate accountability and emerging economic actors, impact assessments for advocacy, experiences with transnational litigation 2. The Movimento dos Antigidos por Barragems (MAB) from Brazil will present the case of the Belo Monte dam, which will affect several indigenous groups in the Amazon region and displace some 20,000 people, while triggering the migration of some 100,000 new settlers to this remote rainforest area Issues for discussion: advocacy with project financiers, indigenous peoples rights and the right to free, prior and informed consent, advocacy with governmental targets not susceptible to conventional naming and shaming tactics of the human rights movement 3. Take Back the Land, USA will present their work with low-income residents and people of color in major cities of the U.S., in order to promote housing as a human right in the wake of the financial and mortgage crisis and to move homeless people into people-less homes using Positive Action tactics. Issues for discussion: strategic communications, economic policy analysis, racial justice and the urban dimension of development-induced forced displacement 4. The National Fisheries Solidarity Organization (NAFSO), from Sri Lanka, will present on the displacement of small-scale fisher folk and farmers from coastal areas in the Kalpytia island of Sri Lanka, as a result of luxury tourism development. Issues for discussion: the food sovereignty framework, tourism and displacement in the context of the Enderois ruling of the African Commission, displacement in a post-conflict setting 5. The Bafokeng Land Buyers Association of South Africa will present on a case involving the forcible displacement of communities in the Bofokeng region caused by a platinum mine, including the relocation of thirteen communities in the late 1800 s and subsequent waves of displacement from the 1920 s to the present. Issues for discussion: customary law as human rights standards, land rights and ethnic diversity, extractive industries and the loss of lands and livelihoods, economic reliance on extractive projects