STAND FOR GLOBAL JUSTICE: Trócaire's European Parliament Elections 2019 Policy Briefing - Trocaire
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STAND FOR GLOBAL JUSTICE: Trócaire’s European Parliament Elections 2019 Policy Briefing
Trócaire staff would like to dedicate this briefing paper to the memory Sally O’Neill, formerly Trocaire’s regional
manager for Latin America, shows Digna
of Sally O’Neill, a remarkable humanitarian and human rights activist Portilla from Northern Honduras her picture
who worked with Trócaire for 37 years. Sally died following a road on the Trocaire box. Photo: David Stephenson
accident in Guatemala on the 7th April 2019.
Sally was instrumental in building the foundations of Trócaire and
truly embodied our values. Throughout her years of service, Sally
worked on the frontline during some of the most significant global
humanitarian crises, having been involved in providing famine relief
in Ethiopia in the mid 1980s and establishing Trócaire’s programme in
Somalia in the early 1990s in response to a famine there.
Through her courage and commitment to human rights Sally touched
the lives of many people. Sally worked on Trócaire projects in Central
America including at a time when civil wars were being fought in
El Salvador, Guatemala and Nicaragua. She oversaw humanitarian
aid to more than two million displaced people in the region during
those conflict years. Sally was a strong and outspoken advocate
for justice including around land rights and gender equality. Prior to
her retirement in 2015, Sally was Trócaire’s Head of Region for Latin
America based in Honduras.
Sally was much beloved by communities and human rights activists
throughout Central America. She dedicated her life to improving
the lives of others. Her legacy will live on through the thousands of
people whose lives she helped to improve and through the work of
Trócaire.
FRONT COVER: Bertha Zuniga Cáceres (28) stands beside a mural of her mother, murdered human rights activist, Berta Cáceres. Berta is the general
coordinator of the Civic Council of Popular and Indigenous Organizations of Honduras (COPINH). Photo: Garry Walsh.
European Parliment Elections 2019 Policy Briefing | 1
THE FUTURE OF EUROPE AND ITS ROLE
IN THE WORLD?
The European Union (EU) was founded on the values of peace,
solidarity, democracy, equality, social justice, and respect for human
rights and international humanitarian law. Members of the European
Parliament (MEPs) will be elected in May 2019 at a time when the
EU faces unprecedented challenges, including the ongoing looming
shadow of Brexit.1 These founding values must be at the forefront of
the EUs response to multiple and interlinked crises.
Climate change and environmental ineffective, unjust and politically
degradation are at existential exploited response to associated
The tragic loss of threat levels. We are living in the migratory pressures are also
hundreds of lives, sixth age of mass extinction.2 contributing to major shifts in
The combination of species Europe’s own social, political and
and displacement of decline and a warming world economic fabric. These trends risk
hundreds of thousands means the Earth is careering further contributing to a continued
towards a catastrophic collapse rise in political movements
of families in Southern of ecosystems. The tragic that seek to undermine global
Africa as a result of loss of hundreds of lives, and solidarity values, with a number
displacement of hundreds of of EU member states openly
Cyclone Idai, are a thousands of families in Southern defying its foundational norms and
sobering reminder that Africa as a result of Cyclone Idai, values. Frustrations with systemic
are a sobering reminder that the failures have been expertly stoked
the impacts of climate impacts of climate change today by those who would wish to
change today are are already devastating for the exploit them for political gain,
world’s poorest people. Progress with new forms of populism and
already devastating on all other societal objectives isolationism now threatening the
for the world’s poorest hinges on a stable climate and international co-operation and
urgent action to move towards inclusive governance required for
people. low carbon and environmentally achieving the objectives of Agenda
sustainable societies. The next 2030 and of the Paris Climate
Parliament will sit during the Agreement.
critical period that will determine
whether the EU shapes a International solidarity and social
European and global transition that justice are core elements of
responds to the urgency laid out Ireland’s national identity. As
by the Intergovernmental Panel part of an EU wide consultation
on Climate Change (IPCC), and a series of Citizens’ Dialogues on
to the calls of citizens for climate the Future of Europe took place
action to be ambitious and socially across Ireland in 2017-2018, the
equitable, both within and across findings of which are intended
European countries and globally. to inform Ireland’s contribution
to the Strategic Agenda that EU
The enduring impacts of the Heads of State will prepare in
financial crisis, austerity policies, May 2019. Nearly 1,000 Irish
deepening inequality3, climate citizens participated in these
change, global conflict and the consultations. Almost all of those
2 | Stand for Global Justice
involved were positively disposed President Higgins recently
towards the EU, with participants reflected “What we need now
associating words such as as we reflect on the future of the
“peace”, “unity”, “solidarity” and European Union, and indeed our
“cooperation” with membership global inter-dependent future is a
of the Union. Participants said that sufficiently wide debate on such
they want to be part of a Union forms of political economy as can
that lives up to its values and is address new challenges – internal
ready to meet the challenges that ones such as the loss of social
we face. The overarching desire cohesion within and between
was for fairness – fairness in the members states of our European
opportunities available to citizens, Union, and external ones
fairness between generations, such as responding to climate
fairness between member states, change, sustainability, new trade
fairness in Europe’s dealings wars, unregulated aspects of a
with the rest of the world and global financialised economy,
fairness towards the environment. applications of technology for
Participants want the EU to be a other than universal benefit and a
global leader in tackling climate growing and deepening inequality,
change. As one participant put it: reflected in the concentration of
“A dead planet will not provide wealth, and a growing application
jobs or livelihoods.” It was also felt of capital for speculative rather
that the EU has a moral imperative than productive purposes.”7
to do more for countries to the
south and east. Strong views In order to rise to the collective
were expressed that globalisation challenges we face, the next
should not be allowed to proceed EU institutions carry the
at the expense of human rights. 4 responsibility of more fully living
up to the solidarity values which
A recent Eurobarometer suggests underpinned the foundation Source https://climateactiontracker.org/
that 85% of Irish citizens surveyed of the Union by putting them
support the EU, one of the into practice when shaping
highest across all EU member and implementing policies that
states.5 However, trust in EU impact on millions of people, both
institutions across EU citizens has within and outside of Europe.8
been eroded in the last decade, The SDGs provide a useful vision
with the EU Ombudsperson for realising a more sustainable, The EU’s new political
reflecting “If trust is essential in just future for all. The EU’s new
a democracy then we need to political leadership must ensure leadership must ensure
be honest in recognising when that all its internal and external that all its internal and
that trust has been betrayed. polices are coherent and aligned
… When information is hidden, with the SDGs as a matter of external polices are
when the revolving door gives priority. The recently produced coherent and aligned
advantage to a private interest, Reflections Paper: Towards a
when intensively lobbied laws can Sustainable Europe by 2030 by with the SDGs as a
emerge with the public interest the European Commission lacks matter of priority.
diluted, when deal making is targets or timelines.9 It will be
done behind closed doors without important that this is rectified, and
appropriate citizen oversight, or followed up with a more concrete
when a citizen is simply treated plan that takes account of the
discourteously or dismissively by a environmental and social impact
public administration, all of these of Europe’s actions within and
problems if not resolved add to beyond its borders.
the potential pool of distrust in the
system.6
European Parliment Elections 2019 Policy Briefing | 3
SUMMARY OF GLOBAL JUSTICE
PRIORITIES FOR MEPS IN THE
EUROPEAN PARLIAMENT 2019-2024
To help ensure ambitious Financial Framework (MFF) level and degree that is
2021-2027.12 necessary.
EU implementation of the 17
Sustainable Development • Support implementation of • Support the creation of a
Goals (SDGs) MEPs must10: the recommendations of the special Committee (or at least
European Parliament DEVE an Intergroup) fully dedicated
• Work to advance an Committee report of February to the monitoring and the
overarching EU SDG strategy 2019 “Europe’s approach to strengthening of the EU
that guides all actions implementing the Sustainable commitments towards the 17
of the EU as well as its Development Goals: good SDGs to improve accountability
member states (Scenario practices and the way of the Commission towards
1 outlined in the Reflection forward”.13 ambitious implementation of
Paper). Scenario 2 and 3 are the SDGs.
contrary to the main ideas of • Enhance policy coherence
Sustainable Development and by ensuring EU Climate • It is essential that developing
the principles that underpin Action, Energy, Agriculture, countries are not adversely
Agenda 2030, most notably Trade and Investment policies impacted by EU policy
that of universality.11 are coherent with the EU’s making. Beyond the specific
commitments on human policy areas which are the
• Work to ensure that the EU rights and development. focus of this briefing paper,
budget is fully aligned with the Debate, input and engagement overarching mechanisms are
SDGs and used to advance on SDG implementation also needed to provide for a
environmental sustainability, and monitoring must go consistent policy process for
human rights, gender equality, beyond the Environment and adhering to the EU’s Policy
and wellbeing within and Development Committees, Coherence for Development
outside the EU for example with MEPs from other key legal obligations. These include
through vital investments committees – such as Trade, the use of Human Rights and
in urgent climate action, Economy and Employment Environment Sustainability
and through the external – equally engaging in 2030 Impact Assessments.
instrument of the Multiannual Agenda discussions at the
4 | Stand for Global Justice
Support the development of a landmark UN Treaty on Business
and Human Rights
Trócaire calls on all MEPs to commit to promoting a European Union agenda on business and
human rights for the next five years that includes:
• Supporting the development • Ensuring the primacy of human In line with EP Resolution
of a UN binding treaty on rights is provided for and 2018/2763(RSP), Trócaire calls on
business and human rights fully implemented in all trade all MEPs to:
to regulate the activities of agreements and treaties to
transnational corporations and which the EU are a party. • Continue to call for the EU and
other business enterprises. its member states to engage
• Reviewing EU trade and trade- genuinely and constructively
• Championing a Treaty that will related policy with regard to in these negotiations and in
include provisions to ensure their impacts on human rights the intergovernmental process
the prevention of human rights in Europe, in trade-partner aimed at the completion
violations, access to justice countries and globally. Human of the UN Open Ended
(address jurisdiction, corporate rights impact assessments Intergovernmental Working
liability issues and access should be systematically Group’s (OEIGWG) mandate;
to information), the primacy carried out prior to concluding and continue to call on the
of human rights over trade trade and investment EU and its member states
and investment agreements, agreements, and provide for to mainstream a meaningful
protection of human rights the suspension or amendment gender approach in their
defenders, inclusion of a of contractual provisions negotiating position, whilst
gender perspective and strong where these have proved a risk paying special attention to
enforcement mechanisms. to human rights. groups disproportionately
impacted by the actions
• Ensuring that the European • Removing investor-state of corporations, including
Commission secures a dispute settlement provisions indigenous communities.
mandate for the negotiation of from existing trade and
the parts of the Treaty that fall investment agreements, • Spearhead the creation of a
under EU competence, with and not concluding any such working group including all the
appropriate involvement by the agreements in the future. relevant departments of the
European Parliament. Commission, the European
External Action Services
• Ensuring an enabling (EEAS), the Council Working
legal framework and a Group on Human Rights
conducive political and public (COHOM) and the relevant
environment for civil society committees of Parliament,
organisations and human rights on the basis of the principle
defenders to strive for the of policy coherence for
protection and promotion of all development.
human rights and fundamental
freedoms.
European Parliment Elections 2019 Policy Briefing | 5
Champion the Paris Agreement, avert climate catastrophe
Trócaire calls on all MEPs to commit to promoting a European Union agenda on urgent climate action
for the next five years that includes:
Align EU ambition with the International climate finance Ensure coherence with human
stark climate science is a necessity for delivering on rights obligations and the SDGs
1.5°C limit.
• Committing to reduce • EU climate finance should
EU emissions to net zero • Ensuring the EU and EU prioritise channels where
well before 2050, and to member states provide gender policies exist, or
championing equitable predictable, steadily increasing champion establishment of
delivery of a net zero global contributions to international these where they do not. It
emissions target by 2050 in its climate finance to support should continue to promote
international diplomacy. action in developing countries, a 50 percent share for
commensurate with global adaptation, and ensure Least
• Substantial increases in the action capable of delivering on Developed Countries receive
EU’s 2030 climate target the 1.5°C limit to warming as or are enabled to access
by 2020 to fulfil Europe’s set out in the Paris Agreement. adequate finance for their
commitments under the Paris The EU should also accept that needs.
Agreement. The EU’s existing new finance will be needed to
2030 target falls far short of respond to Loss and Damage. • In the Neighbourhood,
the EU’s fair share of the global Development and International
effort required to deliver on the • The EU should champion Cooperation Instrument
Agreement’s goals. Political early agreement on a new (NDCI) commit to phasing
leaders have acknowledged global finance goal, building out all EU support for fossil
the need to close the gap on the current commitment fuels, with support for coal
between the Paris Agreement to mobilise €100bn a year, defunded immediately, and to
temperature limits and current in advance of the agreed scaling up renewable energy
commitments. The IPCC’s 2025 deadline. Increasing and electricity energy. This
message and the plea from public finance should be should apply to all energy
many of the most vulnerable prioritised, in addition to support channelled through
countries is clear: the window rather than accounted from the new NDICI, adopting a
of opportunity to avert existing Official Development ‘whole portfolio’ investment
catastrophe is quickly closing, Assistance (ODA) flows and approach via all channels, ODA
the time to move is now. commitments, including the and non-ODA. Ensure robust
longstanding commitment to screening of individual energy
• Commitment to phase out the achieve 0.7 percent GNI to investments, with safeguards
burning of all fossil fuels in ODA. for identifying and mitigating
Europe as soon as possible. climate, environmental and
This should include continued human rights risks14.
review of the EU’s list of
Projects of Common Interest • Ensuring that the global and
for coherence with the EU’s EU zero carbon transitions
fair contribution to the global are managed so that they
effort required in response to are just, orderly, and benefits
the IPCC Special Report on the poorest and marginalized
1.5°C. members of society by
integrating strong social
• Urgent scale up of energy measures and human rights
efficiency and renewable principles and safeguard
energy, ensuring maximum mechanisms.
local ownership, participation
and economic, social and
health benefits are realized,
and free, prior and informed
consent in developments of all
sizes.
6 | Stand for Global Justice
Advance a healthier and sustainable agricultural and food
system based on agroecological approaches
Trócaire calls upon all MEPs to support the advancement of a healthier and sustainable agricultural
and food system. This includes supporting an enabling environment for agroecological transitions.
This can be advanced through:
• Supporting stronger provisions • Supporting international
for incentivising and rewarding initiatives designed to
sustainable socio-economic transform food and agricultural
and environmental outcomes systems in support of the
in the CAP reform process. SDGS, notably FAO’s Scaling
Up Agroecology Initiative.
• Supporting the commitment
on agroecology in the EU
Consensus on Development.
Stand with the displaced and most vulnerable in times of crisis,
responding to unprecedented need
Trócaire calls upon all MEPs to commit to promoting a European Union agenda on humanitarian
assistance for the next five years that includes;
• Building on its reputation • The EU should continue to
as the world’s largest donor ensure that all humanitarian
of humanitarian assistance engagement is rooted in
it is imperative that the EU humanitarian principles and
maintain and look to increase increase its engagement
their levels of humanitarian on humanitarian policies
assistance going forward given at all levels, advocating for
the unprecedented level of recognition and fulfilment of
need. International humanitarian law
and human rights.
• The EU should explore
innovative, adaptive and • Promoting a responsible and
flexible financing and fair response to the migration
programme management crisis by using its influence to
mechanisms in collaboration encourage member states to
with civil society to ensure increase their commitments to
the commitments of the accept refugees, and leading
Grand Bargain are met. In discussions on how member
particular, the EU should states must uphold their
continue to explore ways to international legal obligations
support localising humanitarian regarding migration.
response and channelling 25%
of humanitarian aid through
local actors by 2020.
European Parliment Elections 2019 Policy Briefing | 7
End impunity for violations of international humanitarian
and human rights law in Israel and the occupied Palestinian
territories (oPt–I)
Trocaire calls upon MEPs elected to commit to promoting a European Union agenda on oPt-I for the
next five years that includes:
• The EU actively supporting • Accountability for violations • The EU and member states
efforts to secure a durable of international humanitarian must continue to politically and
and comprehensive peace law and human rights law financially support civil society
between Israelis and by all sides is an urgent organisations and humanitarian
Palestinians through a revival priority. Failure to ensure response in oPt and Israel.
of its collective efforts effective accountability for They should also ensure that
to achieve an end to the lives lost, homes destroyed their Israeli and Palestinian
occupation and the realisation and damage wrought fuels a counterparts allow civil society
of a negotiated solution culture of impunity that can organisations to continue
of the conflict, in line with lead to further violations. With their work, free from political
international law, relevant regard to violence at the Gaza interference and pressure and
UN resolutions and prior border, the report of the UN longstanding campaigns of
agreements. Commission of Inquiry on intimidation and harassment.
the 2018 Protests in the oPt
• The EU should oppose any published in March 2019 must
US plan and initiatives that be enforced.15
disregard international law, UN
resolutions and established • The EU and its member states
parameters for resolving the should adopt legislation which
conflict and thus threaten to bans goods produced in
compound the injustices and illegal Israeli settlements. We
push peace further away. welcome steps being taken in
that direction in Ireland (with
The Occupied Territories Bill
2018.)16
• Support for the UN database
and its speedy publication as a
transparency mechanism that
is fully in line with EU policy
on settlements, UNSCR 2334,
and the UNGPs.178 | Stand for Global Justice
SUPPORT THE DEVELOPMENT OF A
LANDMARK UN TREATY ON BUSINESS
AND HUMAN RIGHTS
“The data on disappearances, unlawful killings and assassinations
tells a horror story about the burden of fear, intimidation and violence
associated with some business activities and borne at great personal
cost by human rights defenders and other activists, including land
rights and environmental defenders, and by affected communities.”
The United Nations Deputy High Commissioner for Human Rights18 (15th November 2018)
Trócaire is undertaking significant campaigns, travel bans, violent
work in the area of business attacks, imprisonment, gender-
and human rights in response to based violence and killings of
widespread reports of corporate human rights defenders. Since
human rights abuses in the 2015, more than 1,400 attacks
communities in which we work. on activists working on human
The actions of irresponsible rights issues related to business
businesses are resulting in the have been documented.20 In 2018,
displacement of communities, 321 human rights defenders
violent evictions, pollution of land, were murdered, 77 per cent
destruction of livelihoods and loss of whom were working on
of shelter, which is particularly land, indigenous peoples and
impacting women and indigenous environmental rights.21 The vast
communities. Ensuring corporate majority of human rights violations
accountability for human rights perpetrated by corporations
is a key part of delivering the go unpunished and impunity
2030 Agenda. The Coalition 2030 regarding human rights abuses by
report on Ireland’s Voluntary companies is increasing.22
National Review under the SDGs
included as a recommendation The UN Treaty on Business and
under Goal 13 ‘support for the UN Human Rights is an instrument
Open Ended Intergovernmental that will address the gap in
Working Group on the access to remedy for victims of
Elaboration of an International corporate human rights violations
Legally Binding Instrument on by clearly asserting legally
Transnational Corporations and binding obligations in the area of
Other Enterprises with Respect to business and human rights. In
Human Rights’.19 June 2014, the UN Human Rights
Council established an open-
Trócaire are concerned about the ended intergovernmental working
rising severity and range of risks group (OEIGWG) on transnational
faced by human rights defenders corporations and other business
who are calling for corporate enterprises, to elaborate a legally
accountability. Our partners are binding instrument to regulate
reporting restrictions of freedom the activities of transnational
of assembly, harassment by corporations and other business
police and military forces, smear enterprises in international humanEuropean Parliment Elections 2019 Policy Briefing | 9
Consuela Soto, whose husband was
murdered because they were activists for
the Tolupan indigenous community, is trying
to defend their rights to their lands in the
San Francisco de Locomapa in the Yoro
Department in Honduras.
Photo: Frank McGrath.
rights law. The fifth session, and the Council to engage in ones that protect public health,
scheduled in October 2019 will constructively with the Treaty environmental or labour standards
focus on an official first draft of process, but notes that the - that reduce the value of
the legally binding instrument. The Commission has no mandate corporate investment, including
UN Deputy High Commissioner from the Council to conduct missed future profits.
for Human Rights has stated that negotiations on behalf of the
the Treaty drafting process “is our EU concerning its participation Following major public protest
opportunity to take a bold step in the OEIGWG. In 2018 the against ISDS across EU member
forward for protection of human European Union dissociated states there is pressure on the
rights in the context of business from the conclusions and EU to remove or reform it.25 The
activities, and, most importantly, recommendations of the fourth European Union is proposing the
for strengthened accountability session of the OEIGWG and it has establishment of a Multilateral
and more effective remedy for been indicated that a mandate for Investment Court (MIC) to reform
those who are the victims of negotiation of the Treaty will not the ISDS, a permanent body to
business-related activities.”23 be secured for the 2019 OEIGWG settle investment disputes, which
meeting in October in Geneva. would have an appeal mechanism
In Resolution 2018/2763(RSP) the with permanent judges. There
European Parliament noted that The reluctance by EU member are many ongoing discussions on
“there is an asymmetry between states to meaningfully engage in reform of trade and investment
the rights and obligations of the ongoing process to develop agreements, predominantly
transnational corporations an international treaty which dealing with how to make the
(TNCs), particularly in investment could help to end ongoing, system of investment protection
protection treaties, where documented abuses of human and arbitration more predictable,
investors are being granted rights by businesses contrasts and to better safeguard the policy
broad rights, such as ‘fair and markedly with the political space of states, but ultimately, a
equitable treatment’, that are not momentum behind various EU fundamental shift away from the
necessarily matched by binding trade and investment agreements protection of foreign investors at
and enforceable obligations which seek to secure privileged the expense of human rights is
in terms of compliance with treatment for corporations through needed. The UN Guiding Principles
human rights and labour and the inclusion of a mechanism note that States retain their
environmental law throughout known as the Investor to State international human rights law
the whole supply chain.”24 The Dispute Settlement (ISDS). This obligations when they participate
European Parliament has voiced allows transnational corporations in multilateral institutions that deal
its unequivocal support for this to circumvent domestic courts with business related issues, such
multilateral OEIGWG process in system and sue sovereign as international trade and financial
eight different resolutions and states if host countries enact institutions. Human rights are
has called on the Commission laws or regulations – even non-negotiable and should take10 | Stand for Global Justice
primacy over trade or investment gender perspective and strong In line with EP Resolution
agreements. Also, as articulated enforcement mechanisms. 2018/2763(RSP), Trócaire calls on
by the UN Independent Expert all MEPs to:
on the promotion of a democratic • Ensuring that the European
and equitable international order Commission secures a • Continue to call for the EU and
“to the extent that bilateral mandate for the negotiation of its member states to engage
investment treaties and free trade the parts of the Treaty that fall genuinely and constructively
agreements lead to violations under EU competence, with in these negotiations and in
of human rights, they should be appropriate involvement by the the intergovernmental process
modified or terminated.” European Parliament. aimed at the completion of
the OEIGWG’s mandate;
• Ensuring an enabling
The political and economic power and continue to call on the
legal framework and a
of corporations in our globalised EU and its member states
conducive political and public
economy is unprecedented to mainstream a meaningful
environment for civil society
and results in accountability gender approach in their
organisations and human rights
challenges. There is an urgent negotiating position, whilst
defenders to strive for the
need for legislative and policy paying special attention to
protection and promotion of all
context that can navigate the groups disproportionately
human rights and fundamental
vast differences in power and impacted by the actions
freedoms.
resource between victims and of corporations, including
corporations and to ensure justice • Ensuring the primacy of human indigenous communities.
and access to remedy in line with rights is provided for and
human rights standards. A global • Spearhead the creation of a
fully implemented in all trade
approach is needed to address working group including all the
agreements and treaties to
the activities of transnational relevant departments of the
which the EU are a party.
corporations, which operate Commission, the European
across states, and we need the • Reviewing EU trade and trade- External Action Services
European Union to take leadership related policy with regard to (EEAS), the Council Working
and support the introduction their impacts on human rights Group on Human Rights
of binding regulations for in Europe, in trade-partner (COHOM) and the relevant
transnational corporations, instead countries and globally. Human committees of Parliament,
of defending voluntary norms that rights impact assessments on the basis of the principle
have proven to be inefficient and should be systematically of policy coherence for
insufficient. carried out prior to concluding development.
trade and investment
Trócaire calls on all MEPs agreements, and provide for
to commit to promoting a the suspension or amendment
European Union agenda on of contractual provisions
business and human rights where these have proved a risk
for the next five years that to human rights.
includes:
• Removing investor-state
dispute settlement provisions
• Supporting the development
from existing trade and
of a UN binding treaty on
investment agreements,
business and human rights
and not concluding any such
to regulate the activities of
agreements in the future.
transnational corporations and
other business enterprises.
• Championing a Treaty that will
include provisions to ensure
the prevention of human rights
violations, access to justice
(address jurisdiction, corporate
liability issues and access
to information), the primacy
of human rights over trade
and investment agreements,
protection of human rights
defenders, inclusion of aEuropean Parliment Elections 2019 Policy Briefing | 11
Case study: San Rafael Las Flores, Guatemala
González, another member of the
“The Xinka People have historically been made invisible Committee for the Defence of
Life and Peace was murdered in
by the Guatemalan State. Today, we are not surprised
2015.32 Exaltación Marcos Ucelo
that a foreign company like Tahoe is using the same was an indigenous Xinca leader
discriminatory mechanisms to negate our existence in the and was killed in 2013.33
area to protect its investment. This is history repeating itself
Lack of consultation
with the same goal as always: to displace our communities.
Who are they to decide who I am and violate my right to Initially the State denied the very
existence of the Xinca population
self-determination? That is my right,” in San Rafael Las Flores. However,
following a legal petition in
2017, the Constitutional Court of
Moisés Divas, Xinka community member and Coordinator of
Guatemala ordered the temporary
the Diocesan Committee in Defense of Nature (CODIDENA)26
suspension of the license for
exploration and exploitation of
The area of San Rafael Las Flores business”. They have identified
the San Rafael mine. The court
in Guatemala, approximately 40km criminalisation, intimidation,
ordered the Ministry of Energy
from Guatemala City, is populated attacks, a lack of consultation
and Mines (MEM) to carry out
by the Xinca people. This is also and the lack of transparent
an immediate consultation of the
the location of the Escobal mine, information from the company as
local indigenous population in line
the world’s third largest gold mine. major concerns.28 Opponents of with ILO 169.34
Originally owned by the Canadian the mine have been criminalised,
company, Goldcorp, it was bought with over 100 legal cases being Tahoe Resources was
by another Canadian company brought against them. They are subsequently bought by Canada’s
Tahoe Resources Inc. in 2010 and being stigmatised and in some Pan American Silver for a
then bought by Pan American cases called “terrorists” in reported $1.07 billion in cash and
Silver Corp. in 2019. order to discredit their work.29 stock.35 The extent to which local
239 Xinka women have been communities are impacted by
Leaders of the Xinca community criminalised between 2012 and the actions of large multinational
oppose the mine due to worries 2017 for engaging in the peaceful corporations seeking profit is
it will harm their ancestral resistance.30 A number of people exemplified in the case of the
land and water resources. The
who were in opposition to the Escobal mine. As human rights
exploration licence was illegally
mine have been killed. Laura defenders face intimidation,
granted, without the informed
Leonor Vásquez Pineda was one attacks and lose their lives for
consent of local communities.
of the leaders of the Committee defending their communities,
Minera San Rafael (subsidiary
for the Defence of Life and corporations continue to operate
of Tahoe Resources) entered
Peace, and was murdered in to seek maximum profit for their
into operations in 2014. This
2017.31 Telésforo Odilio Pivaral shareholders.
resulted in major resistance
from communities in the area,
including the establishment of
an encampment to prevent mine
traffic from reaching the site.
Thousands of people living in the
region have voted against the
mine and further expansion plans,
with numerous plebiscites and
peaceful marches held.27
Criminalisation and attacks
Members of the Xinca parliament,
a representative structure of
the Xinca people, feel that they
are being persecuted by the
Government and the Government Community members from San Pedro Ayampuc & San Jose del Golfo, La Puya, peacefully
is “always on the side of the protesting against the El Tambor gold mine. Photo: Daniele Volpe.12 | Stand for Global Justice
CHAMPION THE PARIS AGREEMENT,
AVERT CLIMATE CATASTROPHE
Climate-related disasters, such as extreme heat, drought, floods and
storms have doubled between 1990 and 2016, resulting in significant
impacts on global food and nutrition indicators,36 mass migration,37
and population health.
People living in poverty in on Climate Change’s (IPCC)
developing countries continue to latest landmark report, ‘Global
bear the greatest burden, hardest warming of 1.5°C: A Special
hit by a global problem they have Report’ highlighted that looking
done least to create. forward, the risks associated
with climate change impacts
The impacts of climate change have in fact increased. In their
in Europe and Ireland have also starkest warning yet the IPCC
continued to manifest since have underscored that 2°C can
the last European parliament no longer be considered an
elections. In 2018 alone extreme acceptable political target. All
weather and its effects in efforts must now be focused
Europe are estimated to have on delivering on the more
resulted in more than 1,500 ambitious goal set out in the Paris
additional deaths, and costs Agreement of limiting warming
to the insurance industry in to 1.5°C above pre-industrial
excess of $7.5bn for the drought levels. They emphasise that this
in North and Central Europe.38 is possible, but that delivering
Reflecting on the succession on it will require rapid and far
of extreme weather events in reaching changes, reducing global
Ireland over the preceding few emissions by around 50% in the
years the Head of the State’s next decade. Importantly, the
Environmental Protection Agency IPCC Special Report sets out
warned that these events clearly the reality that delivering
linked to climate change had on the goal of a 1.5°C limit will
“severely tested the resilience of necessitate practical and financial
Ireland’s infrastructure; economy, cooperation to support developing
In 2018 alone extreme healthcare services and people’s countries to both act on and
wellbeing.”39 adapt to climate change.40 It
weather and its effects also highlights the importance
in Europe are estimated In EU member states, and across of maximising synergies and
the globe, the growth of the avoiding or minimising trade-offs
to have resulted in more school strike movement and between climate action aligned
than 1,500 additional the increase in climate related with delivery of the 1.5°C goal and
litigation over the last few years the SDGs.
deaths, and costs to the is a clear signal that citizens
insurance industry in are resolved to challenge policy The European Parliament has
makers with increasingly strong played a critical role in challenging
excess of $7.5bn for the measures to protect the public the European Commission and
drought in North and good. Council on ambition and action
on climate change. At a time
Central Europe. In October 2018, the when multilateral cooperation
Intergovernmental Panel and ambition on climate changeEuropean Parliment Elections 2019 Policy Briefing | 13
is under threat as a result of Trócaire calls on all MEPs message and the plea from
changes in political leadership in a to commit to promoting a many of the most vulnerable
number of high profile countries, European Union agenda on countries is clear: the window
the role of the EU in championing urgent climate action for the of opportunity to avert
the Paris Agreement and averting next five years that includes: catastrophe is quickly closing,
climate catastrophe is greater the time to move is now.
than ever. The next Parliament will Align EU ambition with the
be instrumental in determining stark climate science • Commitment to phase out the
whether the EU shapes a burning of all fossil fuels in
transition that responds to the • Committing to reduce Europe as soon as possible.
urgency laid out by the IPCC, and EU emissions to net zero This should include continued
to the calls of Europeans for the well before 2050, and to review of the EU’s list of
transition to be both ambitious championing equitable Projects of Common Interest
and socially just, both within and delivery of a net zero global for coherence with the EU’s
across European countries and emissions target by 2050 in its fair contribution to the global
globally. international diplomacy. effort required in response to
the IPCC Special Report on
A stable climate is a fundamental • Substantial increases in the 1.5°C.
necessity in order to pursue all EU’s 2030 climate target
by 2020 to fulfil Europe’s • Urgent scale up of energy
the EU’s global and domestic
commitments under the Paris efficiency and renewable
economic and social goals
Agreement. The EU’s existing energy, ensuring maximum
including all 17 of the SDGs,
2030 target falls far short of local ownership, participation
and can bring significant health,
the EU’s fair share of the global and economic, social and
economic and social benefits for
effort required to deliver on the health benefits are realised,
Europeans. Climate justice and
Agreement’s goals. Political and free, prior and informed
social justice are two sides of
leaders have acknowledged consent in developments of all
the same coin: climate change
the need to close the gap sizes.
impacts the most vulnerable
first, and the solutions to the between the Paris Agreement
climate crisis are full of social and temperature limits and current
economic opportunities. commitments. The IPCC’s
People walk for miles to the dried up river Enziu in Maatini village, Kitui to get water. They dig through the sand until they reach water and scoop the
sandy water into water cans to carry home to drink, feed livestock and for household use. Kitui is a semi-arid region of Kenya and its people suffer
severe water shortages like this during the dry season. Photo 2010: Hu O Reilly14 | Stand for Global Justice
Climate Strike Fridays for Future, Dublin 15th March 2019 Photo: Eco Eye
International climate finance Ensure coherence with human investments, with safeguards
is a necessity for delivering on rights obligations and the SDGs for identifying and mitigating
1.5°C limit. climate, environmental and
• EU climate finance should human rights risks41.
• Ensuring the EU and EU prioritise channels where
member states provide gender policies exist, or • Ensuring that the global and
predictable, steadily increasing champion establishment of EU zero carbon transitions
contributions to international these where they do not. It are managed so that they
climate finance to support should continue to promote are just, orderly, and benefits
action in developing countries, a 50 percent share for the poorest and marginalized
commensurate with global adaptation, and ensure Least members of society by
action capable of delivering on Developed Countries receive integrating strong social
the 1.5°C limit to warming as or are enabled to access measures and human rights
set out in the Paris Agreement. adequate finance for their principles and safeguard
The EU should also accept that needs. mechanisms.
new finance will be needed to
respond to Loss and Damage. • In the Neighbourhood,
Development and International
• The EU should champion Cooperation Instrument
early agreement on a new (NDCI) commit to phasing
global finance goal, building out all EU support for fossil
on the current commitment fuels, with support for coal
to mobilise €100bn a year, in defunded immediately, and to
advance of the agreed 2025 scaling up renewable energy
deadline. Increasing public and electricity energy. This
finance should be prioritised, should apply to all energy
in addition to rather than support channelled through
accounted from existing ODA the new NDICI, adopting a
flows and commitments, ‘whole portfolio’ investment
including the longstanding approach via all channels, ODA
commitment to achieve 0.7 and non-ODA. Ensure robust
percent GNI to ODA. screening of individual energyEuropean Parliment Elections 2019 Policy Briefing | 15
ADVANCE A HEALTHIER AND
SUSTAINABLE AGRICULTURAL
AND FOOD SYSTEM BASED ON
AGROECOLOGICAL APPROACHES
Sustainable agricultural systems are key to poverty eradication and
sustainable development and to realising the goals of Agenda 2030,
including ending hunger and ensuring the right to adequate food for all.
towards food systems that vibrant rural areas. The European
achieve high productivity but also Consensus on Development
promote biodiversity, resilience includes a commitment to support
and social equity. Based on agroecological practices but it is
growing evidence from Trócaire’s unclear how this commitment is
livelihoods programmes, the being progressed.
convergence of visions across
social movements and the Trócaire calls upon all MEPs
The current input-intensive, increasing number of stakeholders to support the advancement
productivity focused agricultural equating a sustainable transition in of a healthier and sustainable
system is failing on multiple food systems with agroecological agricultural and food system.
levels. Rising numbers of people approaches, this transition should This includes supporting an
are living in hunger - in 2017 a result in a transformative model enabling environment for
total of 821 million people were of agriculture, the use of low-input agroecological transitions.
undernourished, the most since local agricultural systems, based This can be advanced through:
2009. The current system is on agroecological principles.43
promoting social inequalities and • Supporting stronger provisions
forced ‘economic’ migration from Europe has a lead role to play in for incentivising and rewarding
rural areas; it is leaving female- enabling a transition to sustainable sustainable socio-economic
headed households behind and agriculture and food systems. The and environmental outcomes
advancing inefficient and wasteful Commission’s Reflection Paper in the CAP reform process
food chains. It is undermining Towards a Sustainable Europe by
the ecological conditions for 2030 identifies the need for “a • Supporting the commitment
agriculture, including fertile soils, genuine change in the way we on agroecology in the EU
biodiversity and a stable climate. produce, transform, consume and Consensus on Development
The United Nations Food and distribute food by accelerating and
Agriculture Organisation (FAO) the transition to a sustainable
• Supporting international
warns that “the current rate of food system based on circular
initiatives designed to
progress will not be enough to economy principles and making
transform food and agricultural
eradicate hunger by 2030, and not innovative, healthy, environment
systems in support of the
even by 2050”.42 and animal welfare-friendly, safe
SDGS, notably FAO’s Scaling
and nutritious food production
Up Agroecology Initiative
In order to realise agriculture’s one of our key European
potential to deliver on the right trademarks.” The paper identifies
to adequate food and nutrition the potential of a modernised
for all in a sustainable way, it CAP to support transition towards
is necessary to transition from a more sustainable agricultural
the current industrial system sector and the development of16 | Stand for Global Justice
STAND WITH THE DISPLACED AND
MOST VULNERABLE IN TIMES
OF CRISIS, RESPONDING TO
UNPRECEDENTED NEED
The United Nations’ Global Humanitarian Overview, states that
approximately 132 million people will require humanitarian assistance
in 2019.
From long-lasting conflicts in progressing Cash Assistance as
the Middle East and Africa, to an aid modality and in responding
The importance of EU the growing impact of climate to the Peace, Development and
institutions in supporting change worldwide, humanitarian Humanitarian Nexus in line with
crises are worsening and conflict Grand Bargain commitments.
the essential role that threatens aid delivery to those These are commitments made
Non-Governmental most in need. at the World Humanitarian
Summit in Istanbul in 2016
Organisations (NGOs) The EU is the world’s largest to reform the provision of
play in the provision of donor of humanitarian aid, humanitarian assistance. It is
providing assistance to sudden however, important to recognise
humanitarian assistance onset emergencies, countries that local humanitarian actors
to crisis-affected people facing post-conflict instability are always present before a
and to ‘forgotten crises’. In light disaster happens, during crisis,
cannot be understated. of the unprecedented number and long after international
of humanitarian crises globally, actors leave. Investing in local
this year the EU has adopted actors’ organisational capacities
its highest annual humanitarian is essential for adapting to the
budget ever, totalling €1.6 billion. evolving nature of humanitarian
In line with the EU’s partnership crises.
approach, humanitarian aid
is channelled through over Increasingly, humanitarian
200 partner organisations and principles and International
agencies. The importance of Humanitarian Law are being
EU institutions in supporting eroded as witnessed in large crisis
the essential role that Non- such as South Sudan, Syria and
Governmental Organisations Yemen. Humanitarian actors are
(NGOs) play in the provision increasingly being forced out of
of humanitarian assistance to conflict areas often due to the
crisis-affected people cannot be fact that they are being targeted
understated. directly themselves. Providing
support in conflict scenarios
Taking stock of the EU’s requires increased political will
humanitarian aid over the last five to ensure that international law
years, significant progress has is respected and humanitarian
been made by the Commission actors are protected. The EU
in terms of innovation, efficiency should seek to bring its influence
and sustainability. The EU has to bear to ensure that those
made particular progress in most in need have access to aidEuropean Parliment Elections 2019 Policy Briefing | 17
and the obligation to ensure the However, populist and identity assistance going forward given
safety of national and international politics increasingly encourage the unprecedented level of
NGOs staff is met, upholding self-interested policies and a need.
International Humanitarian Law. shift away from multilateralism
It is imperative that the new pose significant challenges • The EU should explore
EU Parliament and Commission for the EU to deliver on these innovative, adaptive and
reaffirm their commitment to commitments. It is essential that flexible financing and
principled humanitarian action the European Parliament ensure programme management
recognising a lead role for local that the compact’s commitments mechanisms in collaboration
civil society, and renewing their are realised, with strong follow- with civil society to ensure
commitment to impartial, neutral up and review mechanisms, the commitments of the
and independent humanitarian including the International Grand Bargain are met. In
assistance. Migration Review Forum which particular, the EU should
is to take place every four years continue to explore ways to
Inconceivably, one in every beginning in 2021. A strengthened support localising humanitarian
113 people is now a refugee, parliamentary dimension and response and channelling 25%
internally displaced or seeking public engagement are key to of humanitarian aid through
asylum.44 Displacement is not a ensure accountability and serve local actors by 2020.
short-term disruption in the lives as a bridge towards a broader
• The EU should continue to
of many of those affected but dialogue on migration that leads
ensure that all humanitarian
represents a fundamental change to evidence-based policies and
engagement is rooted in
that may last for decades. This political narratives that counteract
humanitarian principles and
reality is compounded by the fact xenophobia and recognise the
increase its engagement
that refugee status is proving need for international cooperation
on humanitarian policies
harder to secure as domestic on migration to ensure the benefit
at all levels, advocating for
interests are increasingly of all parties involved.
recognition and fulfilment of
prioritised over international
International Humanitarian Law
obligations under the Refugee Trócaire calls upon all MEPs
and human rights.
Convention in prospective to commit to promoting a
countries of refuge. Delivering European Union agenda on • Promoting a responsible and
the New York Declaration and humanitarian assistance for the fair response to the migration
the Global Compact for Safe, next five years that includes; crisis by using its influence to
Orderly and Regular Migration, encourage member states to
and the Global Compact on • Building on its reputation increase their commitments to
Refugees within a European as the world’s largest donor accept refugees, and leading
and global context is essential. of humanitarian assistance discussions on how member
it is imperative that the EU states must uphold their
maintain and look to increase international legal obligations
their levels of humanitarian regarding migration.
It is imperative that the
new EU Parliament and
Commission reaffirm
their commitment to
principled humanitarian
action recognising a
lead role for local civil
society, and renewing
their commitment
to impartial, neutral
and independent
humanitarian
assistance. A cannula is inserted into Osman Colow’s hand to allow the medical staff at Dollow Cholera
Treatment Centre, Somalia, to fit him with an IV drip. Photo: Amunga Eshuchi, May 2017.18 | Stand for Global Justice
END IMPUNITY FOR VIOLATIONS OF
INTERNATIONAL HUMANITARIAN
AND HUMAN RIGHTS LAW IN ISRAEL
AND THE OCCUPIED PALESTINIAN
TERRITORIES (OPT–I)
Trócaire has worked in Israel and the OPT since 2002. Trócaire seeks to
build a lasting and just peace in the region based on respect for human
rights, international law and the dignity of all.
Trócaire works together with March has led to hundreds of
both Israeli and Palestinian civil fatalities; while the ongoing
At the human rights level society organisations to support blockade of the Gaza Strip is
ongoing displacement people affected by conflict and increasing the economic hardship
human rights violations. We faced by its inhabitants.45
of the Palestinian provide emergency aid and
population is escalating support communities and also At the human rights level ongoing
advocate for Ireland and the displacement of the Palestinian
with the growth in illegal EU to take stronger action to population is escalating with
Israeli settlements, protect the rights of Palestinian the growth in illegal Israeli
communities and for Israel to settlements, land confiscation
land confiscation uphold international law and end and annexation of Palestinian-
and annexation of to its ongoing military occupation owned land. Women often bear
of Palestinian land. the brunt of the socioeconomic
Palestinian-owned land. hardships directly or indirectly
At the political level, the situation caused by human rights violations
in Palestine has deteriorated that seek to make it impossible
significantly in the last two for Palestinians to generate a
years with the relocation of livelihood and live a dignified life.
the US embassy to Jerusalem; Palestinian and Israeli civil society
the UNRWA financial crisis and organisations find themselves on
the withdrawal of US funding the defensive. They have been
for Palestinians; and significant under a fervent attack, which
legislation being passed by the manifests itself in anti-democratic
Israeli Knesset (such as the legislation in Palestine and Israel
Nation-state law which stipulates: aimed at silencing critical voices,
“Israel is the historic homeland limiting freedom of expression
of the Jewish people and they and diminishing the rights of
have an exclusive right to national minorities, as well as well-
self-determination in it”, effectively orchestrated smear campaigns
reducing Palestinians and other that links their work with the
religious groups in Israel to funding of terrorism or ‘foreign
second-class citizens). Excessive agendas’.
use of force by the Israeli military
against civilians in the Gaza Strip
participating in the Great ReturnEuropean Parliment Elections 2019 Policy Briefing | 19
Ola Dweek is a child psychologist in Gaza: “I counsel the children affected by the trauma of war. They have constant nightmares. They are bed
wetting. They have completely changed. They have lost their minds, in a way. It’s heart-breaking”. Photo John McColgan for Trócaire.
Prospects for Peace undermined Bank and connected demolitions, (HC) to produce a database of
by illegal Israeli Settlement seizures of Palestinian-owned all business enterprises involved
Expansion land, structures and natural in certain activities benefitting
resources by Israeli authorities, the Israeli settlements in the
The US may propose a Middle
movement restrictions and settler occupied Palestinian territory
East peace plan in 2019.
violence violate international law (oPt) that raise particular human
The recognition by the US of
and are an obstacle to peace. As rights concerns. The resolution
Jerusalem as the capital of
stated in the recent EU Missions requested the HC to publish the
Israel (overturning 70 years of
Report in Jerusalem and Ramallah, database as a report in March
international consensus on the
the settlement expansion and 2017 and to keep updating it
Israeli-Palestinian conflict) and
army checkpoints have turned the annually. The publication has been
the decision to cut aid to the
West Bank into “an archipelago” repeatedly deferred as the HC
Palestinian Authority and UNRWA of Palestinian “islands”, which requested more time to complete
in 2018, is having a general bodes ill for a two-state solution the database and to ensure
destabilising impact on the to the conflict. fair process for the companies
region and affects the wellbeing in question. It would be ironic
of Palestine refugees. The EU Business and Human Rights for European governments to
has a crucial role to play in any oppose publication of a database
international attempt to address Israeli and foreign businesses
while professing verbal concern
the Israeli-Palestinian conflict, involved in activities related to
about the sharp upturn in illegal
which is quickly deteriorating the settlements in the occupied
settlements over the last 2 years
from occupation to de facto Palestinian territory support,
as documented by the EU.48
annexation.46 maintain and sustain Israel’s
illegal settlement enterprise and
Closing Civil Society Space
There are around 600,000 Israeli thereby contribute to violations
settlers in approximately 250 of international law. In March The Palestinian authorities have
illegal settlements47 in the West 2016 resolution 31/36 of the intensified their clampdown
Bank, 200,000 of whom are in UN Human Rights Council on freedom of expression by
East Jerusalem. The expansion (UNHRC) requested the UN High arresting journalists and shutting
of Israeli settlements in the West Commissioner for Human Rights down opposition websites andYou can also read
