Boskalis doesn’t have to share documents on controversial project; fishing communities will not get crucial information
18 september - The court in Rotterdam today ruled that Dutch dredging company Boskalis does not have to make information on the social and environmental risks of its sand extraction operations in the coastal zone near Makassar, Indonesia, available to local fishing communities affected by the activities. Environmental and human rights organisation Both ENDS had initiated legal action against the company. The court declared Both ENDS inadmissible and did not consider the case. Both ENDS brought the action on behalf of Indonesian fishing communities after Boskalis had rejected repeated requests to provide information on the impact of its activities.
The fishing communities have lived on the yield from their fishing grounds for many generations. The activities carried out by Boskalis are having such an impact on the fishing grounds that these families are losing their livelihoods.
The court was not convinced that Both ENDS is the right organisation to protect the fishers' interests, as the case is primarily about economic interests. "Both ENDS focuses precisely on the link between environment, human rights and poverty, the core of sustainable development,' says Niels Hazekamp of Both ENDS. "It has devoted itself for more than thirty years to protecting the natural resources on which millions of people worldwide directly depend for their livelihoods. And we have been working together with local groups for four years to defend the interests of the fishing communities around Makassar against the harmful impact of large-scale infrastructure projects."
In its ruling, the court refers to a recent change in the law that imposes stricter rules on organisations that defend the interests of other parties, like the Indonesian fishers. It concluded that Both ENDS does not meet these stricter requirements and that this case does not have sufficient points of contact to be considered under Dutch law.
"If this is indeed the implication of this this change in the law, it is extremely worrying," says human rights lawyer Channa Samkalden, who is assisting Both ENDS with this case. "The intention of the legislation was to combat shady claims, not to make it more difficult for NGOs like Both ENDS to defend the interests of foreign victims of human rights violations."
Dialogue and follow-up steps
"Fishing communities in Makassar have been left empty-handed," says Hazekamp. "They need the information they requested to be able to defend their rights. This ruling is extremely disappointing. We repeat our call for Boskalis to enter into dialogue with the fisher folk before the activities are completed."
Both ENDS is consulting with its partners in Indonesia and the fisher folk on what follow-up steps to take in Indonesia and the Netherlands.
More information:
Read more about this subject
-
Press release / 1 September 2020
Both ENDS brings legal action against Dutch dredging company on behalf of fisherfolk in South Sulawesi
Environment and human rights organisation Both ENDS is bringing legal action against Boskalis, after the Dutch dredging company continually ignored requests for information on a controversial sand extraction project in South Sulawesi, Indonesia. Boskalis is extracting sand off the coast of Sulawesi for expansion of the port in the capital, Makassar. The extraction activities are affecting fishing grounds, making it impossible for local fisherfolk to earn their livelihoods.
-
News / 9 December 2019
Fisher folk in Indonesia file a complaint against the Dutch Export Credit Agency Atradius DSB
At the end of November, the organisations WALHI South Sulawesi (part of Friends of the Earth) and Both ENDS filed a formal complaint with the Dutch export credit agency Atradius DSB. Despite the warnings from local communities for the negative consequences of a land reclamation project in the bay of Makassar, Atradius DSB advised the Dutch government to provide dredging company Boskalis with insurance for the execution of the project. The consequences for the fish stock, the beach and the lives of thousands of small-scale fishing communities are severe. Atradius DSB has not sufficiently investigated these harmful consequences beforehand.
-
News / 6 November 2023
Response to FMO investments in Nicaragua
On 27 October, RTL Nieuws reported that the Steungroep Nicaragua considers the millions of euros that the Dutch development bank FMO is investing in Nicaragua irresponsible. When asked, FMO stated that 'it had to continue to support its entrepreneurs in difficult times'. Both ENDS believes that the choice to continue to invest in Nicaragua brings substantial risks, which FMO does not take sufficiently into account when deciding on financing. Previous FMO investments have caused harm to people and the environment and, in some cases, even led to violence – with, as its lowest point, the murder of Berta Cáceres in Honduras in 2016.
-
News / 14 March 2021
Vote for the Climate!
A number of our colleagues at Both ENDS made a lot of noise at various locations around the country today, as part of the national Klimaatalarm (Climate Alarm) campaign. Annelieke Douma gave a short speech in Haarlem on the major role played by the Netherlands in climate change and environmental degradation beyond our borders. She made a number of suggestions that would immediately make Dutch foreign policy a lot more climate-friendly. Below is the text of her speech.
-
News / 26 April 2024
Communities Urgent Warning Ahead of Vale S.A.’s Annual Meeting: Stop Ongoing Abuses of People and Environment
As shareholders in Brazilian mining giant Vale S.A prepare to gather online for the company’s Annual General Meeting (AGM), communities from Brazil to Indonesia criticize the company’s track record on human rights and environmental stewardship. They also point to the almost $50 billion in mounting lawsuits against the company as a risk factor that should serve as a warning sign to investors.
-
News / 16 November 2023
Voting with a worldwide impact
Disposable fashion items continue to flood into the country, the nitrogen crisis has brought construction to a standstill and energy poverty is on the rise, but Dutch politicians are contemplating their navels. These are problems that we can never solve on our own. The clothes we wear, the food on our plates, and the electricity that comes out of our wall sockets – they are all produced in global trade and production chains. With far-reaching consequences, both in our own country and far, very far beyond our borders. It would be naive to think that we can solve all these problems through domestic policies alone. And vice versa: we would be evading our responsibilities if we continued to believe that the Netherlands only plays a humble role on the global stage. Latest figures show that the Netherlands is the fourth largest exporter and the seventh largest importer of products worldwide. With the elections on the way, it is time to look beyond our own small country. Because it is also important to vote with a worldwide impact.
-
News / 15 March 2021
How well is the Netherlands progressing in achieving the SDGs?
In 2015, the United Nations instigated the Sustainable Development Goals (SDGs). These seventeen interrelated goals are intended to result, by 2030, in a better, fairer and more sustainable world in which no one is left behind. As a member of the UN, the Netherlands is committed to promote the SDGs and every year Statistics Netherlands (CBS) and the central government publish reports on the progress made. The initiators of 'SDG Spotlight Nederland' however believe that there is a need for an annual report on the Netherlands' performance on specific SDGs from a different perspective. Fiona Dragstra and Stefan Schuller of Both ENDS contributed to the report on 2020 and tell us here why they think it is so important.
-
Blog / 18 November 2024
The global rise of authoritarian regimes demands global strategies
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’.
-
Press release / 26 August 2020
Dutch pension funds invest in deforestation in the Brazilian Amazon
Dutch pension money is invested heavily in companies that contribute to deforestation in the Amazon region and the Cerrado savanna in Brazil, such as soy, animal feed and beef companies. This is concluded in a report published today by Profundo, commisioned by the Fair Finance Guide, Hivos and Both ENDS. All ten pension funds that were examined invest in these types of companies, with the ABP pension fund and Pensioenfonds Zorg en Welzijn on top with investments worth EUR 580 million and EUR 383 million respectively.
-
Publication / 26 August 2020
-
News / 19 October 2020
Both ENDS and partners worry about the Indonesian Omnibus Law
Both ENDS together with 13 other Dutch NGOs and trade unions have written to the Dutch Minister for Foreign Trade and Development Cooperation to express their deep concerns over the hasty approval of the so-called Omnibus Law on Job Creation by the Indonesian parliament.
-
News / 31 October 2019
Call for investigation of the death of Indonesian human rights defender Golfrid Siregar
Earlier this month, we learned that Golfrid Siregar, an Indonesian environmental lawyer working for our partner organisation WALHI died under suspicious circumstances. We call for a thorough and transparent investigation and have brought the case to the attention of the Indonesian embassy in The Hague and to the Netherlands' embassy in Jakarta.
-
Blog / 16 June 2020
The political and industrial elites in Indonesia grasp their opportunity
In September 2019, the streets of Jakarta were filled with angry demonstrators protesting against the Omnibus Employment Law. The law will ease the rules for mining, make it much more difficult to hold companies liable for criminal acts and severely restrict the power of the national anti-corruption committee. At the moment, such protests are completely impossible in Indonesia because of the COVID-19 crisis and the associated lockdown measures. And Indonesian people already had few other means of exerting influence on decision-making and legislative processes.
-
Press release / 12 November 2024
Ruling climate case Shell: "Shell has an obligation to protect human rights."
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.
-
Press release / 25 May 2022
Award of export support for controversial project in Manilla undermines the Netherlands’ environmental and CSR ambitions
Dutch export credit agency Atradius DSB announced yesterday that it is to provide export credit insurance worth 1,5 billion euros to Dutch dredging company Boskalis for a controversial land reclamation project in the Philippines. According to Dutch and international organisations, including Both ENDS, CARE Netherlands, IUCN NL, Kalikasan PNE and Oceana Philippines, the award of export credit insurance for this project runs contrary to the Netherlands' ambitions in the areas of environment and corporate social responsibility (CSR).
-
News / 22 April 2013
NEW VIDEO: 'Mapping our Future' for survival of local communities in Indonesia
Between 2010 and 2013, Both ENDS, within an alliance of Indonesian and Dutch organisations and universities, conducted a pilot project to improve the spatial planning in the district of Sanggau in West-Kalimantan, on the island of Borneo, Indonesia, to help local communities with the recognition of their land rights. We can show you a beautiful documentary about one of the villages in this district, Terusan.
-
Dossier /
Rights for People, Rules for Corporations – Stop ISDS!
Indigenous communities in Paraguay saw their attempts to regain their ancestral lands thwarted by German investors. In Indonesia, US-based mining companies succeeded to roll back new laws that were meant to boost the country’s economic development and protect its forests. This is the level of impact that investment treaties can have on social, environmental and economic development and rights. Why? Because of the ‘Investor-to-State Dispute Settlement’ clauses that are included in many such treaties.
-
News / 9 February 2022
Urgent letter to Dutch investors in Ugandan oil pipeline
TotalEnergies and the Chinese National Offshore Oil Cooperation (CNOOC) are currently developing an oil extraction and transportation project in Uganda: East African Crude Oil Pipeline (EACOP). The project – the construction of a heated pipeline (EACOP) of no less than 1445 kilometers through Uganda and Tanzania to export crude oil, is increasingly causing human rights violations and environmental damage. This is a matter of great concern to civil society organisations in Uganda and beyond. This week, Both ENDS, together with partner organisations in Uganda, sent an urgent letter to twelve pension funds and asset managers with investments in TotalEnergies and CNOOC.
-
Press release / 19 May 2021
Despite violence, 900 million euros in Dutch export support to Van Oord in Mozambique
Amsterdam, 19 May 2021 – On 25 March, a day after violent attacks in northern Mozambique, the Dutch state decided to provide dredging company Van Oord with export credit insurance worth 900 million euros for its activities in the country. The company is conducting dredging operations for a highly controversial gas project that, according to Mozambican interest groups, is playing a prominent role in the escalating violence in the region. Civil society organisations Both ENDS, Milieudefensie and Oil Change International and their Mozambican partners are alarmed about the situation and have called the Dutch government and Dutch export credit agency Atradius DSB to account.
-
News / 8 February 2024
The litmus test for the devastating race track in Lombok
A race track for international motor bike events in Lombok continues to worry human rights experts around the world. Both ENDS and its partners are increasingly concerned about the project’s implications for ethical standards in global development financing going forward for it continues to hurt the most basic social and environmental safeguards.