Socialising losses, privatising gains: how Dutch investment treaties harm the public interest

Just before summer, on June 27^th we participated in a panel discussion on inclusive conservation in a learning event organized by WWF Netherlands. Several organizations joined in a discussion on inclusive, decolonial, rights-based, and community-led approaches in conservation. We discussed the barriers, gaps and opportunities in how power is shared, inclusion promoted, and accountability practiced in our work. The question raised was: as Dutch-based organizations, are we doing enough to really work inclusive? In 2023 Both ENDS started an Examination of Power process to research how power is experienced in our partnerships. I share a couple of practical tips and insights that I feel might benefit the greater conversation around Monitoring, Evaluation and Learning (MEL) in our sector.

The global funding landscape for civil society movements is changing, and is increasingly faced with policies that restrict funding streams, limit philanthropic work, and silence critical voices. These are not incidental shifts but part of a broader pattern that erodes the support for those international networks and movements under the guise ‘necessary financial cuts’, ‘aid reform’ or ‘efficiency’.

The Hague, 12 November 2024 - The court has ruled in Shell's appeal in the Climate Case that Milieudefensie won against Shell in 2021. The Court of Appeal has ruled that the oil and gas giant has a responsibility to reduce its emissions, but has not imposed a reduction obligation.

DEN HAAG, 11 November 2024 - Today, the Dutch government published its policy on future cooperation with development organisations, both in the Netherlands and abroad. PVV minister Reinette Klever is putting the axe to this funding: she has decided to cut the budget for aid to international civil society by more than two-thirds: from roughly €1.4 billion to €0.4 billion in the period 2026 to 2030. This has major implications for critical voices at home and abroad, at a time when civic space for organisations around the world is already shrinking. Karin van Boxtel, director of environmental and human rights organisation Both ENDS: ‘This is an unprecedented step in exactly the wrong direction. Civil society organisations are essential for sustainable and social change worldwide. International movements fulfil multiple, indispensable roles: as a watchdog of the rule of law, as a driver of change, and as a counterforce against authoritarian tendencies. The weakening of support for these roles is a telling signal.’

The government of Kenya has officially terminated its bilateral investment treaty (BIT) with the Netherlands, marking a significant win for economic justice and environmental protection. Kenya’s decision reflects a growing global trend of rethinking outdated treaties that often prioritize corporate interests over public welfare. The Dutch Minister for Foreign Trade and Development recently confirmed that Kenya unilaterally ended the treaty in December 2023, rendering it inoperative from 11 June 2024. Kenya now joins South Africa, Tanzania, and Burkina Faso as the fourth African country to terminate its BIT with the Netherlands. 

On November 12th, a new ruling will be issued by the Court of Appeal in The Hague in the climate case against Shell, in which Both ENDS is a co-plaintiff. Ahead of this ruling, we asked our partners why this Dutch lawsuit is important for the Global South.

On November 11th, the 29th UN Climate Conference will start in Baku, Azerbaijan. Just like previous years, Both ENDS will be there to advocate for local access to climate finance, and to support our partner organisations in their advocacy work. How do we do that, and what are our hopes (and worries) about this 29th edition of the UNFCCC COP? We asked Marius Troost, who will be joining COP29 together with Daan Robben.