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Olam’s oil palm development in Gabon violated Forest Stewardship Council’s deforestation rules
Olam’s oil palm development in Gabon violated Forest Stewardship Council’s deforestation rules.
FSC ‘Policy for Association’ complaint against Olam Group’s deforestation in Gabon
An independent assessment commissioned by the Forest Stewardship Council (FSC) has concluded that Olam Palm Gabon cleared over 24,000 hectares of forest, as well as between 900 and 1,823 hectares of non-forest areas with High Conservation Values, in violation with the FSC Policy for Association. This was the basis of the complaint Mighty Earth filed with the FSC in 2016.
The Executive Summary of the SmartCert assessment are published on the FSC website: English, French and Spanish.
FSC, Olam and Mighty Earth have issued a joint statement on the SmartCert assessment and next steps of the complaint resolution process here.
Complaint History
- In December 2016, Mighty Earth filed a complaint with the Forest Stewardship Council (FSC), detailing evidence that Olam had cleared large areas of rainforest for oil palm and rubber plantation3 development in Gabon and, as a result, violated the FSC Policy of Association - which ‘clearly define FSC’s ability to take such action against companies that engage in any one of the activities listed as unacceptable’, which include deforestation and the destruction of High Conservation Values (HCVs).
- In January 2017, Mighty Earth and Olam took part in a mediation process, facilitated by the World Resources Institute (WRI), which aimed to find an agreement on the recommendations and concerns highlighted in the complaint.
- Since January 2017, Olam has maintained a moratorium on any forest clearance.
- Also in 2017 Olam, Mighty Earth and a coalition of civil society organizations agreed to collaborate on forest conservation and sustainable agriculture. Following a field trip to Gabon, the parties released a joint statement, which was renewed in 2018.
- In May 2019, instead of proceeding with a formal Policy for Association investigation, FSC, Mighty Earth and Olam entered into an Alternative Dispute Resolution process, enabling dialogue between the parties, to address the issues raised in the complaint, through constructive dialogue and mediation.
- In April 2020, the FSC commissioned SmartCert (Canada) to ‘provide a third-party assessment on the alleged violation by Olam of FSC’s Policy for Association, as part of an Alternative Dispute Resolution process.’ The assessment below covers Olam’s oil palm operations in Gabon. A separate FSC investigation into rubber is yet to take place.
- In August 2022 SmartCert completed its assessment. The Executive Summary of the full report in English, French and Spanish are published on the FSC website.
- For further information on the FSC process see FSC’s case history and FSC’s FAQs about the ‘Processing of FSC Policy for Association Complaints.’
Complaint Findings
Context for findings on High Conservation Values (HCVs): The FSC defines HCVs as biological, ecological, social or cultural values of critical importance or outstanding significance within a landscape which require additional protective measures or safeguards to ensure their long-term maintenance. The six categories of HCVs are: 1. Species diversity; 2. Landscape-level ecosystems and mosaics; 3. Ecosystems and habitats; 4. Ecosystem services; 5. Community needs, and 6. Cultural value. FSC.org
SmartCert findings:
- Between January 2012 – December 2016, Olam converted 24,133 hectares (ha) of forest into oil palm plantations.
- Impacts on areas relating to species, habitats, and ecosystem services: (i.e., HCV categories 1- 4)1 between 1,377 and 2,300 hectares (ha), as follows:
- Olam’s Lot 1, Lot 2, and Awala concessions: 413 ha of HCV 1 - 4 were converted into oil palm plantations.
- Olam’s Mouila Lot 3 and extension concessions: an additional 64 ha of forest in HCV 1 – 4 and between 900 ha and 1,823 ha in non-forest areas were converted into oil palm plantations.
- Impacts of oil palm conversion on areas relating to community needs and cultural values (i.e., HCV categories 5 – 6):
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- ‘FPIC processes were implemented by Olam which obtained the prior consent of communities in exchange for compensation (except in Bemboudié). According to our sampling, Olam has fulfilled the majority (≈85%) of its compensation commitments, including hiring local workers and investing in community projects. However, at the time of our visit, many of the funded infrastructures were degraded and the work conditions offered to workers were criticized.’
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- ‘no evidence that communities were provided the opportunity to classify use areas as being fundamental to meeting their basic needs (HCV 5) and to delineate protection buffers around them.’
- ‘no definitive evidence that communities agreed to abandon all the cultural sites (potential HCV 6) destroyed during the plantation development’.
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- Within all concessions, just over half of the areas identified as being fundamental to meeting the basic needs of local communities (i.e., potential HCV 5) have been maintained, 32% were perceived as degraded and 12% have been converted.
- 78% of areas identified as being critical to local communities’ traditional cultural identity (i.e. potential HCV 6) have been maintained, 4% have been degraded and 18% have been converted.
Complaint Resolution Process
As part of the Alternate Dispute Resolution process, the FSC will now hire a third-party to mediate dialogue between Olam and Mighty Earth with the objective of resolving the complaint. The process seeks to determine how Olam will provide ‘full remedy of all environmental and social harms’, in line with FSC’s Remedy Framework which ‘defines permanent and effective measures required for remedy of harm caused by unacceptable activities as defined by the Policy for the Association’.
Amanda Hurowitz, Senior Director at Mighty Earth said:
“The SmartCert assessment concluded that Olam Palm Gabon cleared over 24,000 hectares of forest, as well as between 900 and 1,823 hectares of non-forest areas with High Conservation Values (categories 1-4) in its Moulia Lot 3 concessions, in non-compliance with the FSC Policy for Association. This was the basis of the complaint we raised with the FSC six years ago. We look forward to beginning mediated discussions with Olam about what remedial actions the company needs to take to address the environmental and social harms resulting from its oil palm development.”
Civil society calls for JBS to be stripped of A minus climate rating
Civil society calls for JBS to be stripped of A minus climate rating
Environmental disclosure group CDP raised Brazilian meat giant’s climate score despite JBS’s huge climate emissions and dire deforestation record
Letter to CDP_JBS Score complaint_16 March 2023
A global coalition of twenty civil society groups is calling for CDP (formerly the Carbon Disclosure Project) to revoke the recent A minus score and “Leadership” status awarded to meat giant JBS for its efforts on addressing climate change, amid widespread concerns over rampant greenwashing. Led by Mighty Earth, some of the biggest CSOs, including the Institute for Agriculture & Trade Policy (IATP), Friends of the Earth, Compassion in World Farming, Soil Association and Rainforest Foundation Norway, have joined forces to call out the high grading.
Background
CDP is a global disclosure system used by investors, companies, cities, and regions to measure and act on their climate and environmental impacts. The system is widely regarded as one of the gold standards of environmental reporting, but its approach depends on self-declared responses, raising concerns from CSOs about the accuracy of scores being awarded to companies.
According to CDP, organisations earning a score in the top “Leadership” level “must show environmental leadership, disclosing action on climate change, deforestation or water security” and companies awarded an A minus are “implementing current best practices.” In the case of JBS, this could not be further from the truth. Analysis shows JBS is the single largest corporate greenhouse gas emitter in the animal agriculture sector and the biggest corporate driver of deforestation in Brazil.
Greenwashing claims
JBS has been accused of greenwashing in a whistle-blower complaint to the US Securities and Exchange Commission (SEC) filed by Mighty Earth. Evidence highlights that $3.2 billion worth of “green bonds” issued by JBS were misleading to investors and allegedly fraudulent. The meat giant has pledged to be net zero by 2040 but independent researchers found it lacks any meaningful decarbonisation plan. Meanwhile, JBS continues to promote its improved climate change rating from CDP, and regularly cites its CDP score with investors. Notably, JBS did not make its 2022 Climate Change response to CDP public.
Alex Wijeratna, Senior Director at Mighty Earth said:
“This is a serious case of greenwashing by JBS, who are promoting their new A minus climate score to attract investors. It’s highly misleading for JBS, a notorious Amazon forest destroyer, and one of the world’s largest climate polluters, to receive CDP’s top climate ‘Leadership’ rating.”
“We’re also seriously concerned that JBS may have misreported in its CDP 2022 Forests disclosure, claiming zero hectares of known or estimated deforestation in its cattle supply chain since 2008. This despite a litany of reports and confirmed cases of deforestation linked to JBS beef supplies since then. We’re urging CDP to withdraw JBS’ A minus Climate Change score immediately and to more broadly reassess its climate scoring methodology.”
Shefali Sharma, Director of the Institute for Agriculture & Trade Policy’s European office said:
“JBS has the largest climate footprint compared to all other livestock companies with a goal to achieve net zero ten years earlier than others. Yet it consistently refuses to publish its full scope of emissions, let alone the number of animals in its supply chain. There’s a fundamental flaw in the current voluntary system of corporate climate governance in that CDP derives over 30% of its revenue from the companies it appraises. We need robust rules for corporate emissions reporting and verification that result in independent appraisal and the elimination of conflicts of interest.”
Nusa Urbancic, Campaigns Director at Changing Markets said:
“JBS getting a high climate score points to the glaring methodology gap of third-party scoring organisations, like CDP. Our research indicates that JBS alone is responsible for methane emissions comparable to combined livestock methane emissions of France, Germany, Canada, and New Zealand, yet lacks any plan to address or even adequately report these potent emissions. We desperately need governments to step in, set climate targets and harmonised rules for reporting for big meat industry giants that are heating up our planet.”
CDP’s contribution to environmental transparency is widely recognised worldwide. However, it is evident that rather than relying on voluntary self-reporting alone, CDP’s scoring methodology needs to consider the public evidence available to ensure accurate scores are awarded. Updates to CDP’s scoring approach should include:
- Independent evaluation of companies’ performance on measuring and reducing emissions, not just paper commitments and self-reporting.
- All companies to undergo risk evaluations and any adjustments to scores be openly communicated.
- All submissions to be made publicly available to enable independent third-party verification and to avoid underreporting or greenwashing.
- A scoring methodology with specific criteria that prioritise performance and must be met for companies to achieve a score within each of CDP’s scoring levels.
- Food and Agricultural sectors report total animal slaughter numbers and milk intake to support an accurate Scope 3 emissions figure.
Ends
Notes to Editors
Links to analysis of JBS’ performance and practices:
Emissions
- Recent analysis from the Institute for Agriculture & Trade Policy (IATP) and Changing Markets Foundation estimates JBS’s total emissions to be 288 MtCO2e, exceeding the entire emissions of Spain in 2021.
- JBS ranked top position in a list of 15 of the world’s largest meat and dairy companies for its methane emissions.
- JBS currently fails to report its complete ‘Scope 3’ emissions: producing meat throughout its entire supply chain, where most of its climate impact lies.
- Mighty Earth say JBS has failed to disclose the number of cattle and other animals it slaughters annually since 2017, which is crucial for evaluating its emissions claims.
Deforestation
- JBS ranks the worst performing company in Mighty Earth’s Soy & Cattle Deforestation Tracker, achieving only one point out of a possible 100.
- Chain Reaction Research estimated that JBS’s deforestation footprint in Brazil is up to 200,000 hectares in its direct supply chain, and 1.5 million hectares in its indirect supply chain since 2008.
- Global Witness, Greenpeace, and EIA (Environmental Investigation Agency) highlighted JBS’s continued links to illegal deforestation, operating illegally on protected Indigenous land, and/or making purchases linked to human rights abuses.
- Despite the numerous links to deforestation, some of which JBS recently admitted to, JBS reported that”0 hectares of known or estimated deforestation/conversion” have occurred for cattle products since 2008 in its 2022 CDP Forests disclosure, for which it scored a B.
- JBS does not plan to eliminate deforestation across its global supply chain until 2035 – giving suppliers 13 more years to bulldoze.
Emissions targets and alleged greenwashing
- In 2021, JBS committed to becoming “Net Zero” across its entire value chain by 2040, but the true scope of the pledge is unclear, given the company grossly underreports its Scope 3 emissions.
- JBS’s 2030 emission reduction target for Scope 1 and 2 is highly ambiguous and misleading, as it is unclear if the company aims for absolute or emissions intensity reductions.
- JBS were asked to remove the Science-Based Targets initiative (SBTi) logo it previously cited on the Achievements and Certifications page of its website, despite SBTi not having validated its targets. JBS’s lack of measurement and reporting on Scope 3 emissions contradicts the criteria set by the SBTi, which requires companies to set Scope 3 targets if these emissions make up over 40% of the company’s overall GHG footprint.
- A complaint to the US Securities and Exchange Commission (SEC) filed by Mighty Earth accuses JBS of misleading investors and calls for a full investigation into $3.2 billion worth of “green bonds” issued by the company. The evidence highlights that JBS’s “Sustainability-Linked bonds” were misleading to investors and allegedly fraudulent.
No meaningful decarbonisation plans
- An evaluation of companies’ climate pledges by the New Climate Institute and Carbon Market Watch ranked JBS “Very low” in both its “Integrity” & “Transparency” categories, for the second year running. The assessment of JBS's overall net zero efforts concludes: "The company plans to continue growth in a GHG emission-intensive industry; we did not find evidence of any planned deep decarbonisation measures. JBS does not have an emission reduction target alongside its net-zero emission target for 2040. Its interim targets for 2030 would lead to a 3% emission reduction compared to its reported 2021 emissions."
- Instead of JBS’s emissions footprint shrinking as it heads toward “Net Zero,” recent estimates by IATP and Changing Markets continue to show it has grown by a minimum of 17% between 2016 and 2021.
- JBS does not have any methane action plan that would align with the Global Methane Pledge, nor does it report its methane emissions, as recommended in the UN report on Net Zero Commitments.
For more information or to arrange an interview please contact:
Carole Mitchell, Senior Director of Communications (based UK)
+44 7917 105000
Syd Jones, Press Secretary (based US EST)
+1 561 809 5522
Cecelia Brackey, Media, and Communications Manager at IATP (based US, CST)
+ 1 651-328-4706
Nusa Urbancic, Campaigns Director at Changing Markets (based UK)
About Mighty Earth
Mighty Earth is a global advocacy organization working to defend a living planet. Our goal is to protect half of Earth for Nature and secure a climate that allows life to flourish. We are obsessed with impact and aspire to be the most effective environmental advocacy organization in the world. Our team has achieved transformative change by persuading leading industries to dramatically reduce deforestation and climate pollution throughout their global supply chains in palm oil, rubber, cocoa, and animal feed, while improving livelihoods for Indigenous and local communities across the tropics.
Sociedade civil pede que JBS seja rebaixada da classificação climática "A-"
Sociedade civil pede que JBS seja rebaixada da classificação climática "A-"
Organizações reivindicam que, apesar dos enormes impactos climáticos das operações da JBS, incluindo o aumento do desmatamento, o grupo de divulgação ambiental CDP elevou a pontuação sobre Mudanças Climáticas da gigante brasileira da carne.
São Paulo, 29 de março de 2023 – Uma coalizão global de quase vinte grupos da sociedade civil está pedindo que o CDP (conhecido anteriormente como Carbon Disclosure Project) revogue a recente pontuação “A-” e o status de "Liderança" concedido à gigante de processamento de carne JBS por seu desempenho no enfrentamento das mudanças climáticas. Liderados pela organização Mighty Earth, alguns dos maiores e mais atuantes grupos, incluindo a Proteção Animal Mundial, o Instituto de Agricultura e Política Comercial (IATP), a Compassion in World Farming, a Soil Association e a Rainforest Foundation Norway, uniram forças para chamar a atenção para a alta classificação.
Para a Mighty Earth, a JBS está longe de ser uma liderança no combate às mudanças do clima, a classificação concedida pelo CDP é errada e enganosa. Ainda assim, a JBS vem promovendo essa desacreditada pontuação como forma de atrair novos investidores. “Ao invés disso, a empresa deveria estar mais preocupada em divulgar para a sociedade as suas emissões de gases de efeito estufa dentro do ´Escopo 3´, que concentra a maior parte de seu impacto climático, e o número de bovinos e outros animais que abate anualmente, trazendo transparência para as suas alegadas emissões”, afirma o diretor da Mighty Earth no Brasil, João Gonçalves, lembrando que desde 2017 a JBS não divulga os seus números de abate.
Em carta enviada ao fundador do CDP, Paul Dickson, as organizações signatárias listam uma série de fatores que justificam o rebaixamento da JBS. Entre eles, está a falta de um plano significativo de descarbonização, apesar do comprometimento da empresa em zerar as suas emissões líquidas até 2040. Pela falta de transparência da JBS, a Divisão Nacional de Publicidade do Better Business Bureau (BBB), nos Estados Unidos, considerou que as promessas da empresa são infundadas. Além disso, inúmeros relatórios de organizações como Global Witness, Greenpeace, Environmental Investigation Agency, entre outras, relatam as contínuas ligações da JBS com o desmatamento ilegal na Amazônia e no Cerrado, operações ilegais em Terras Indígenas (TI) e compras ligadas a abusos de direitos humanos. Veja aqui todas as alegações contidas na a carta.
Letter to CDP_JBS Score Complaint_16 March 2023-PT version (1)
Para a Proteção Animal Mundial, as mudanças climáticas devem ser combatidas com a diminuição da produção animal e a criação com alto nível de bem-estar. Pontos que claramente não são adotados pela JBS. “Hoje, aproximadamente dois terços da soja produzida no Brasil, uma das principais causas do desmatamento, e consequentemente das emissões brasileiras de gases de efeito estufa, é destinada à alimentação de animais, principalmente aves e suínos. Sendo a JBS um dos principais clientes dos fornecedores de grãos”, afirma a diretora-executiva da Proteção Animal Mundial no Brasil, Lisa Gunn.
Enquanto isso, a JBS promove a melhora da sua nota de mudanças climáticas no CDP para investidores e outras partes interessadas. Sistema de divulgação global usado por investidores, empresas e governos para medir e agir sobre seus impactos climáticos e ambientais, o CDP é amplamente reconhecido pelo seu alto padrão em relatórios ambientais, mas sua abordagem depende de respostas autodeclaradas, levantando preocupações sobre a precisão das pontuações concedidas às empresas.
De acordo com o CDP, as empresas que obtêm pontuação nível de “Liderança” devem “demonstrar liderança ambiental, divulgando ações sobre mudanças climáticas, desmatamento ou segurança hídrica” e as empresas premiadas com A- estão “implementando as melhores práticas atuais”. No caso da JBS, isso não poderia estar mais longe da verdade. Diferentes análises mostram que a JBS é a empresa que mais emite gases de efeito estufa no setor de pecuária e a maior impulsionadora do desmatamento no Brasil. Assim, a classificação equivocada dada pelo CDP, que não reflete com precisão o impacto ambiental e climático da JBS, coloca em risco a própria reputação do grupo, além de implicações mais amplas dessas pontuações desacreditadas para investidores e outras partes interessadas.
FIM
Notas aos Editores:
Veja o explicador de pontuação do CDP here
Links para análise do desempenho e das práticas da JBS
Emissões
- Uma análise recente do Instituto de Política Agrícola e Comercial (IATP) e da Changing Markets Foundation estima que as emissões totais da JBS sejam de 288 MtCO2e, superando todas as emissões da Espanha em 2021.
- A JBShttps://www.iatp.org/emissions-impossible-methane-editionhttps://www.iatp.org/emissions-impossible-methane-edition lidera a lista de 15 das maiores empresas de carne e laticínios do mundo por suas emissões de metano. posição de topo em uma lista de 15 das maiores empresas de carne e laticínios do mundo por suas emissões de metano.
- Atualmente, a JBS não informa suas emissões completas do "Escopo 3": produzir carne onde está a maior parte de seu impacto climático.
- A Mighty Earth diz que a JBS não divulgou o número de bovinos e outros animais que abate anualmente desde 2017, o que é crucial para avaliar suas reivindicações de emissões.
Desmatamento
- A JBS é a empresa com pior desempenho no Rastreador de Desmatamento de Soja e Gado da Mighty Earth, alcançando apenas um ponto em 100 possíveis.
- A Chain Reaction Research estimou que a pegada de desmatamento da JBS no Brasil é de até 200 mil hectares em sua cadeia de suprimentos diretos e 1,5 milhão de hectares em sua cadeia de suprimentos indireta desde 2008.
- A Global Witness, o Greenpeace e a EIA (Agência de Investigação Ambiental) destacaram as ligações contínuas da JBS com o desmatamento ilegal, operando ilegalmente em terras indígenas protegidas e/ou fazendo compras ligadas a abusos de direitos humanos.
- Apesar das inúmeras ligações com o desmatamento, algumas das quais a JBS admitiu recentemente, a JBS informou que "0 hectares de desmatamento/conversão conhecidos ou estimados" ocorreram para produtos pecuários desde 2008 em sua divulgação CDP Forests 2022https://www.cdp.net/en/responses?queries[name]=jbs, para a qual obteve um B.
- A JBS não planeja eliminar o desmatamento em toda a sua cadeia de suprimentos global até 2035 – dando aos fornecedores mais 13 anos para demolir.
Metas de emissões e alegada lavagem verde
- Em 2021, a JBS se comprometeu a se tornar "Net Zero" em toda a sua cadeia de valor até 2040, mas o verdadeiro escopo do compromisso não está claro, uma vez que a empresa subestima grosseiramente suas emissões de Escopo 3.
- A Divisão Nacional de Publicidade do Better Business Bureau (BBB) divulgou uma conclusão de que as múltiplas alegações da JBS de que está no caminho para atingir emissões "líquidas zero" até 2040 são infundadas e que a empresa deve interrompê-las.
- A meta de redução de emissões da JBS para 2030 para os Escopos 1 e 2 é altamente ambígua e enganosa, pois não está claro se a empresa visa reduções absolutas ou de intensidade de emissões.
- A JBS cita o logotipo da iniciativa Metas Baseadas na Ciência (SBTi) na página Conquistas e Certificações de seu site, apesar de a SBTi não ter validado suas metas. A falta de medição e de relatórios da JBS sobre as emissões do Escopo 3 contradiz o https://sciencebasedtargets.org/resources/files/SBTiFLAGGuidance.pdf
- Uma queixa à Comissão de Valores Mobiliários dos EUA (SEC) apresentada pela Mighty Earth acusa a JBS de enganar os investidores e pede uma investigação completa sobre US$ 3,2 bilhões em "títulos verdes" emitidos pela empresa. As evidências destacam que os "Títulos Vinculados à Sustentabilidade" da JBS eram enganosos para os investidores e supostamente fraudulentos.
Sem planos de descarbonização
- Uma avaliação das promessas climáticas das empresas feita pelo New Climate Institute e pelo Carbon Market Watch classificou a JBS como "Muito baixa" em transparência e integridade. A avaliação não encontrou evidências de nenhuma medida de descarbonização profunda planejada pela JBS – mas diz que a JBS planeja continuar o crescimento em uma indústria intensiva em emissões de GEE.
- Em vez de a pegada de emissões da JBS encolher à medida que se aproxima do "Net Zero", estimativas recentes da IATP e da Changing Markets continuam a mostrar que ela cresceu no mínimo 17% entre 2016 e 2021.
- A JBS não possui nenhum plano de ação de metano que se alinhe ao Global Methane Pledge, nem informa suas emissões de metano, conforme preconizado no relatório da ONU sobre Compromissos Líquidos Zero.
Para mais informações ou para marcar uma entrevista, por favor contacte:
João Gonçalves, Diretor Sênior Brasil (Mighty Earth)
+55 11 98255 3876 | [email protected]
Filipe Peduzzi, Gerente de Comunicações Interino (Proteção Animal Mundial)
+55 11 99891-9413 | [email protected]
Sobre a Mighty Earth
A Mighty Earth é uma organização global, com sede nos Estados Unidos, que trabalha para defender um planeta vivo. Nosso objetivo é proteger metade do planeta Terra para a natureza e garantir um clima que permita que a vida floresça. Somos obcecados por impacto e aspiramos ser a organização de defesa ambiental mais eficaz do mundo. Nossa equipe já alcançou mudanças transformadoras persuadindo as principais indústrias a reduzir drasticamente o desmatamento e a poluição climática em todas as suas cadeias de suprimentos globais em óleo de palma, borracha, cacau e ração animal, ao mesmo tempo em que melhora os meios de subsistência das comunidades indígenas e locais.
Sobre a Proteção Animal Mundial
A Proteção Animal Mundial é a voz global do bem-estar animal, com mais de 70 anos de experiência em campanhas por um mundo no qual os animais vivam livres de crueldade e sofrimento. Temos escritórios em 12 países e desenvolvemos trabalhos em 47 países ao todo. Colaboramos com comunidades locais, com o setor privado, com a sociedade civil e governos para mudar a vida dos animais para melhor. Nosso objetivo é mudar a maneira como o mundo trabalha para acabar com a crueldade e o sofrimento dos animais selvagens e de produção. Por meio de nossa estratégia global de sistema alimentar, vamos acabar com a pecuária industrial intensiva e criar um sistema alimentar humano e sustentável, que coloca os animais em primeiro lugar. Ao transformar os sistemas falhos que impulsionam a exploração e a mercantilização, daremos aos animais silvestres o direito a uma vida silvestre. Nosso trabalho para proteger os animais desempenhará um papel vital na solução da emergência climática, da crise de saúde pública e da devastação de habitats naturais.
Chocolate Scorecard 2023: cocoa's impact on deforestation and climate
When biting into a bar of chocolate, many chocolate lovers have no idea where the raw ingredient, cocoa, comes from, nor the impact that its production has on nature and our changing climate.
The 2023 Chocolate Scorecard breaks this down for us by asking major chocolate brands, manufacturers, and traders what they know about their cocoa supply chains and the environmental impact.
A mixed bag of findings
This year’s top scorers for addressing deforestation and climate change in supply chains include Original Beans, Tony’s Chocolonely, Beyond Good, Halba, and Aldi. Whilst Kellogg, Daito Cacao, Glico, Starbucks, and Morinaga, are lagging in their application of no-deforestation policies and monitoring systems. Still, their willingness to engage in the scorecard does at least signify a desire to review and address the pitfalls of their environmental policies. This sets them apart from big brands such as Mondelez, Unilever and General Mills; and retailers like Tesco, Walmart, and Whole Foods, who refused to participate in this year’s survey, earning “broken egg” status. So, what are they hiding and why does it matter?
The true cost of Cocoa
Around 75% of the world’s cocoa comes from West Africa, with Côte d’Ivoire and Ghana, the leading producers. In the last 60 years, these two countries have lost around 94% and 80% of their forests, respectively, with at-least one-third of forest loss to make way for expanding cocoa production.
Despite collaborative efforts to address the industry’s impact on nature, including the launch of the multistakeholder Cocoa & Forests Initiative (CFI) in 2017, cocoa-driven deforestation has continued to clear West Africa’s forests. The recent announcement of a renewed ‘CFI 2.0’ and the enforcement of the European Union Deforestation Regulation (EUDR) in 2024, gives some hope for protecting and restoring what precious little is left. But any viable solution requires greater cooperation from chocolate companies to monitor and respond to deforestation in their supply chains.
On deforestation and climate: what are companies doing well?
- Monitoring systems are now embedded in most company sustainability initiatives – a vital step in the journey towards traceable supply chains. The use of ‘polygon mapping’ (marking the boundary of supplier cocoa farms) is now commonplace, with some companies employing more detailed systems such as waypoint monitoring or remote sensing technology.
- Collaboration to eradicate deforestation: Many of the participating companies have joined collaborative initiatives including: the 'Cocoa & Forest Initiative' (CFI); Initiatives for Sustainable Cocoa (ISCOs); and the Retailer Chocolate Collaboration (RCC). Joining these platforms is an encouraging and necessary first step to building sustainable solutions, but companies must go beyond this to transparently share supplier information, proactively initiate collective action on the ground, and work collaboratively with both local and international civil society actors.
- Net-Zero carbon emissions targets have been embraced by some companies, leading the way by setting the necessary short- and long-term objectives to ensure global temperature rise is limited to 1.5 degrees. We need more companies to follow suit and set time-bound policies to achieve net-zero carbon emissions for Scopes 1, 2 & 3 (emissions across the whole supply chain, including from indirect suppliers).
Where are they falling short?
- Limited use of satellite monitoring: Despite rapid advancements in monitoring technology over the past decade, few companies are making use of the widely available satellite or remote sensing tools. Companies are urged to take advantage of these tools and resources to track live deforestation in their supply chain and take preemptive action to stop or remediate this risk. Mighty Earth’s cocoa accountability maps track deforestation in real time and can act as a model for joint industry satellite monitoring systems.
- Inconsistent deforestation cut-off dates: The rising implementation of global deforestation-free cocoa and cross-commodity policies, signifies a positive trend in cocoa companies taking issues of deforestation and climate change in their supply chains seriously. However, some companies in this year’s scorecard indicated that they would continue sourcing cocoa from deforested areas until 2023 and beyond (despite the CFI cut-off date of 2017), highlighting the urgent need for a consistent approach. Policy means nothing without action. We need cocoa companies to make specific, consistent, and time-bound objectives for ending deforestation in their supply chains without delay.
- Inadequate grievance systems: Whilst many companies have some form of grievance redress mechanism, few are publicly accessible. There are therefore limited opportunities for environmental grievances to be logged by other stakeholders, including farmers and NGOs. Publicly available grievance mechanisms, where all stakeholders can raise complaints about company malpractice across the supply chain, help to strengthen due diligence systems and reduce risk.
Looking ahead
Sefwi Asempaneya: Ghana - an agroforestry landscape, where cocoa is integrated, and the value of standing trees is recognized
Many of the world’s largest cocoa companies are still at risk of sourcing deforestation cocoa. With the impending enforcement of the European Union Deforestation Regulation, chocolate companies need to take urgent, affirmative action to address deforestation in their supply chains, or risk being sanctioned for non-compliance. It is no longer acceptable to have less than 100% deforestation-free cocoa and, for that matter, 100% deforestation mapping.
Deforestation-free cocoa monitoring systems still need to be better implemented in cocoa-producing countries. But in the face of declining cocoa prices and government revenues; farmer poverty; increasing production costs; and countless other challenges, the burden cannot fall solely on cocoa producing farmers and governments who reap a small fraction of the industry’s rewards.
There is great potential here for companies to enhance their policies, monitoring, and actions. Companies that participated in the 2023 Scorecard are urged to continue to publicly share their sustainability objectives, initiatives, and achievements, as well as (crucially) their supply chain data. Doing so allows us all, as consumers, to keep them accountable and encourage other cocoa companies to improve their approaches to deforestation and climate change.
Authors:
- Stephanie Perkiss is a Senior Lecturer in Accounting at the University of Wollongong and explores social and environmental accounting and accountability in her research – you can either make yourself accountable or be made accountable by someone else!
- Sam Mawutor is a Ph.D. student at Oregon State University and a Senior Advisor at Might Earth. His research examines the cocoa agrarian question in southwestern Ghana.
Chocolate Scorecard 2023
팜유와 목재의 공룡 코린도, 시민 사회단체들을 침묵시키기 위한 장기 소송에서 철수
코린도의 사업은 목재, 종이, 고무, 팜유에서 재생 에너지에 이르기까지 전 세계로 뻗어 있다. 2016년, Mighty Earth, Rainforest Rescue, 그리고 몇몇 인도네시아와 한국의 비정부 기구(Non-Governmental Organizations, NGO)는 인도네시아 파푸아에서 팜유 사업을 하는 코린도의 방만한 삼림 벌채를 강조하는 서한에 서명했다. 해당 서한들은 독일에 있는 케너텍의 주요 풍력 타워 고객들에게 보내졌다.
2017년 Mighty Earth는 코린도가 파푸아에서 3만 ha 이상의 인도네시아 열대우림을 황폐화한 것과 관련하여 국제적 지속가능한 산림경영 인증기관인 국제산림관리협의회(Forest Stewardship Council, FSC)에 고발했다. FSC는 조사에 착수했다.1
2018년 코린도는 법무법인 LPA 싱가포르에 2016년도 서한에 서명한 단체 중 최소 7군데에 위협적인 이메일을 보내라고 지시했다. 그 내용은 다음과 같았다: '코린도의 정책은 -코린도의 사업 이익을 훼손할 의도나 영향력을 가지고- 코린도에 대한 잘못된 정보를 유포하거나 사실과 다른 공개 발언을 하는 개인이나 단체에 대해 법적 조치를 취하는 것이다. 따라서, 현재 코린도는 Mighty Earth에 대한 법적 조치를 시작하고 있다.'
2019년 코린도 케너텍의 독일 변호사2는 Mighty Earth의 재정 후원자였던 국제정책센터(Center for International Policy, CIP)와 독일 NGO Rettet den Regenwald (Rainforest Rescue)를 상대로 독일에서 명예훼손 소송을 제기했다. 케너텍의 독일 변호사는 Siemens AG (독일), Gamesa Corporation (현 Siemens Gamesa), Nordex SE (독일) 등 독일의 풍력 타워 고객들에게 보낸 편지의 진술이 코린도의 명예를 훼손한다고 주장했다.
2019년 코린도의 법률 대리인은 Mighty Earth의 2017년도 고발을 근거로 코린도의 정책 위반을 조사하던 FSC를 협박했다. 조사 결과 코린도는 지난 5년간 3만 ha 이상의 산림(축구장 42,000개에 해당)을 파괴했으며, FSC 규정을 위반해 원주민의 전통과 인권을 침해한 것으로 드러났다.3 조사에 따르면 ‘코린도는 인도네시아 파푸아의 원주민 공동체 소유의 토지에서 수확한 목재에 대한 과소 지급으로 3억 달러를 빼앗은 것’으로 추정된다.4
2021년 말, FSC는 코린도가 FSC와 협력하지 않고 임업과 팜유 사업의 문제점을 해결하는 절차에 합의하지 못한 것을 근거로 코린도의 회원 자격을 박탈했다.5
코린도, 합의에 동의하다
2023년 2월 21일 케너텍과 Rainforest Rescue는 독일 법원의 제안에 따라 3년 전 코린도가 부추킨 분쟁을 해결하기로 합의했다. 판사는 케너텍이 Mighty Earth가 서명한 편지의 진술을 바탕으로 CIP를 고소할 수 없다고 선언했다.
SLAPP 소송은 시민 사회단체들을 침묵시키고 위협하여 그들이 서신에서 일부 진술을 반복하는 것을 금지하도록, 그리고 위반 시 각각의 위반 사례에 대해 250,000유로의 벌금, 혹은 투옥에 처하도록 설계되었음이 분명하다.
SLAPP이란?
이 소송은 감시 단체, 활동가, 언론인, 노동조합, 언론 단체 및 공익을 대표하는 사람들을 괴롭히고 후원을 고갈시키기 위해 대기업 또는 유명 인사들이 제기하는 SLAPP(Strategic Lawsuit Against Public Participation) 소송의 한 예이다.
Mighty Earth 동남아시아 담당 선임 이사인 Amanda Hurowitz는 말했다:
"Mighty Earth와 우리 NGO 동맹들을 침묵시키려는 코린도의 시도에는 전혀 근거가 없다. 3년만에 독일 법원이 이 사건의 기각을 준비하자, 코린도는 마침내 물러났다. 'Mighty Earth', 'CIP', 'Rainforest Rescue'는 코린도에 대한 손해배상과 기타 명령 준수를 면제받았고 소송비용 대부분은 코린도가 부담하기로 합의했다.”
"지구를 파괴하는 악덕 기업들이 팜유, 목재, 콩, 쇠고기와 기타 다른 상품 생산을 위해 자행하는 삼림 벌채는 기후를 변화시키고 자연을 망치고 있다. 이를 세계 차원에서 저지하는 시민 사회 단체들의 정당한 활동에 재갈을 물리려는 소송이 남발되어서는 안 된다. 그것은 법원의 시간을 낭비할 뿐이다.”
CIP와 Rainforest Rescue를 담당하는 독일 법무법인 Damm & Mann의 Roger Mann 교수는 이렇게 말했다:
"3년이 넘어 법원이 이 사건을 완전히 기각하려는 경향을 보이자 코린도는 법원이 제시한 합의 제안을 받아들였다. 법원은 초기 단계에서 CIP에 대한 주장과 두 피고에 대한 취소 청구는 전혀 실익이 없다는 것을 분명히 했다."
코린도의 불법 방화에 대한 진술과 관련하여 피고인들은 수많은 사실과 증거들을 제시했고, 법원이 인도네시아에서 증인 청문회를 고려할 정도였다. 그렇게 진행되지 않은 이유는 재판부가 재판관 교체 후 원고의 사업은 풍력 발전업이고, 코린도 팜유 사업에 관여하지 않았기 때문에 금지명령구제의 대상이 아니라 판단했기 때문이다."
Franky Samperante, Yayasan Pusaka (인도네시아)는 말했다:
"수십 년 동안, 코린도는 은밀하게 원주민들의 토지 권리를 침해해왔다. 코린도는 피해를 입은 파푸아 원주민 공동체의 권리를 존중하고 회복시켜야 하며, 지역 환경을 보호하기 위해 진지하게 헌신해야 한다."
Andi Muttaqien, Satya Bumi (인도네시아):
코린도는 수만 헥타르의 파푸아 열대우림을 파괴했다. 코린도는 숲과 원주민들을 보호하는 운동가들의 캠페인을 침묵시키기 위해 자원들을 낭비할 게 아니라, 자신들이 야기한 피해의 복구를 위해 그 자원과 돈을 사용해야 한다.
신영, 공익법센터 어필(한국)
"만약 코린도가 본인들의 신뢰성과 환경 및 인권 분야의 성과를 개선하는 데 진지하다면, 코린도는 자신들의 학대에 맞서려고 노력한 시민 사회단체들에 대한 법적 괴롭힘을 중단하고, 본인들이 파괴한 숲 서식지를 복구하고, 피해를 입은 파푸아 원주민 공동체에 배상해야 한다."
Ends
Notes to Editors:
1 FSC, Mighty Earth의 2017년 5월 고발 후 코린도에 대한 조사에 착수하다
2 변호인 Manner & Spangenberg Partnerschaft von Rechtsanwälten mbB, An der Alster 64, 20099 Hamburg, Germany, Ref.: 10025-003 SCM
3 2017년 12월 코린도 팜유 농장 관련한 FSC 고발 패널 현장 답사 후 코린도에 대한 FSC의 조사 결과 개요 FSC
4 Mongabay와 The Gecko Project가 FSC 고발 패널 보고서의 유출된 버전을 기반으로 한 보고.
5 FSC, 코린도의 회원자격 박탈을 발표하다. 2021년 10월 16일 FSC 보도자료
Akhirnya, Korindo Cabut Gugatan ‘SLAPP’ Tak Berdasar terhadap Sejumlah Organisasi Masyarakat Sipil
Hamburg, Jerman 21 Februari 2023 - Sebuah perusahaan milik grup usaha Korindo telah mengakhiri gugatan yang sudah berjalan lama, setelah hakim menunjukkan gelagat akan membatalkan gugatan tersebut. Gugatan PT Kenertec Power Systems jelas dimaksudkan untuk
membungkam kampanye masyarakat sipil untuk melindungi hutan hujan, di provinsi Papua Indonesia, yang terancam oleh operasi kelapa sawit Korindo yang ekstensif.
Latar Belakang
Bisnis Korindo tersebar di seluruh dunia, mulai dari kayu, kertas, karet, dan minyak sawit hingga energi terbarukan. Pada 2016, Mighty Earth, Rainforest Rescue (Rettet den Regenwald), dan
beberapa organisasi masyarakat sipil di Indonesia dan Korea menandatangani surat yang menyoroti deforestasi yang dilakukan Korindo dalam operasi kelapa sawitnya yang masif di Papua, Indonesia.
Surat-surat tersebut dikirim ke pelanggan PT Kenertec di Jerman.
Pada 2017 Mighty Earth mengajukan komplain kepada Forest Stewardship Council (FSC), sebuah badan sertifikasi kehutanan global, terkait pembabatan sekitar 30.000 hektar hutan tropis di Papua,
Indonesia, oleh Korindo. Kemudian FSC melakukan investigasi atas laporan tersebut. [1]
Pada 2018, Korindo menginstruksikan sebuah firma hukum Singapura untuk mengirimkan email berisikan somasi kepada sedikitnya tujuh organisasi yang menandatangani surat pada 2016 tersebut. Email tersebut menyatakan: “Kebijakan Korindo adalah melakukan tindakan hukum terhadap individu atau organisasi yang menyebarkan informasi yang tidak benar atau membuat pernyataan publik yang keliru secara faktual tentang Korindo - dengan maksud atau dampak untuk merusak kepentingan bisnis Korindo. Oleh karena itu, Korindo memproses tindakan hukum terhadap Mighty Earth.” Pada 2019, PT Kenertec Power Systems mengajukan gugatan pencemaran nama baik di Jerman, terhadap Center for International Policy (CIP), yang pernah menjadi sponsor fiskal Mighty Earth, dan lembaga non-profit Rettet den Regenwald (Rainforest Rescue) di Jerman. Pengacara Kenertec
menilai bahwa pernyataan dalam surat yang dikirim ke pelanggan menara angin di Jerman, yakni Siemens AG (Jerman), Gamesa Corporation (sekarang Siemens Gamesa) dan Nordex SE (Jerman), adalah sebuah fitnah.
Pada 2019, pengacara Korindo mengancam FSC yang tengah menyelidiki dugaan pelanggaran kebijakan Korindo berdasarkan pengaduan Mighty Earth pada 2017. Investigasi FSC mengungkap bahwa Korindo telah menghancurkan lebih dari 30.000 hektar hutan (atau setara dengan 42.000 lapangan sepak bola) di lima tahun sebelumnya dan melanggar hak masyarakat dan Hak Asasi Manusia, yang bertentangan dengan standar FSC. [2] Investigasi tersebut memperkirakan Korindo telah merugikan masyarakat adat sebesar 300 juta dolar AS, dengan membayar murah kayu yang
diambil dari tanah mereka. [3]
Pada akhir 2021, FSC mengeluarkan Korindo dari keanggotaan atas karena tidak kooperatif terhadap FSC dan gagal menyepakati ketentuan untuk menangani dampak kerusakan atas aktivitasnya terhadap hutan dan perkebunan kelapa sawitnya. [4]
Korindo Sepakat Akhiri Sengketa
Pada 21 Februari 2023, Kenertec dan Rainforest Rescue sepakat untuk menyelesaikan sengketa yang diajukan oleh Korindo tiga tahun lalu, berdasarkan usul yang diajukan oleh pengadilan Jerman. Hakim menyatakan bahwa Kenertec tidak dapat menuntut CIP atas pernyataan yang dibuat dalam surat yang ditandatangani oleh Mighty Earth.
Gugatan SLAPP yang diajukan pihak Korindo jelas dirancang untuk membungkam dan mengintimidasi kelompok masyarakat sipil dan mencegah mereka mengulangi beberapa pernyataan dalam surat, atau di denda €250.000 dalam setiap kasus pelanggaran, atau menghadapi hukuman penjara.
Gugatan SLAPP atau Strategic Lawsuits Against Public Participation adalah contoh Gugatan Strategis Melawan Partisipasi Publik, di mana perusahaan besar atau individu terkenal, mengajukan tuntutan hukum yang dirancang untuk melecehkan dan menguras sumber daya substansial dari organisasi pengawas, aktivis, jurnalis, serikat pekerja, organisasi media, dan mereka yang mewakili kepentingan publik.
Direktur Senior Mighty Earth untuk Asia Tenggara, Amanda Hurowitz mengatakan, dalam kasus ini upaya Korindo untuk membungkam Mighty Earth dan koalisi organisasi masyarakat sipil, sejak awal sama sekali tidak berdasar. “Akhirnya setelah tiga tahun, saat pengadilan Jerman akan membatalkan gugatan tersebut, Korindo mencabut gugatannya. Mereka setuju untuk menyelesaikan gugatan ini tanpa ganti rugi atau perintah pengadilan yang diberikan melawan Mighty Earth, CIP atau Rainforest Rescue dan mereka setuju untuk membayar sebagian besar biaya pengadilan,” tuturnya.
“Perusahaan nakal yang menghancurkan bumi ini tidak boleh dibiarkan menyia-nyiakan waktu pengadilan dengan manuver gugatan yang ditujukan untuk mengintimidasi kelompok masyarakat sipil yang selama ini menyuarakan penghentian deforestasi global dari ekspansi sektor minyak kelapa sawit, kayu, kedelai, daging sapi, dan komoditas lainnya, demi mengatasi perubahan iklim dan rusaknya alam,” lanjut Amanda.
Professor Roger Mann, pengacara Jerman untuk CIP dan Rainforest Rescue menyatakan:
“Setelah lebih dari tiga tahun gugatan ini berjalan, Korindo kemudian menerima proposal penyelesaian yang diajukan pengadilan. Pengadilan telah memperjelas, pada tahap awal, bahwa tuntutan terhadap CIP dan pencabutan terhadap kedua tergugat sama sekali tidak berdasar.” “Terkait tuntutan ganti rugi sehubungan dengan pernyataan tentang pembakaran ilegal oleh Korindo, para tergugat telah mengajukan banyak fakta dan memberikan banyak bukti sehingga pengadilan mempertimbangkan untuk mendengarkan saksi di Indonesia. Hal ini tidak terjadi karena, setelah pergantian hakim, pengadilan menyatakan bahwa penggugat tidak berhak mendapatkan ganti rugi, karena bisnisnya adalah turbin angin, dan tidak terlibat dalam bisnis kelapa sawit Korindo.”
Franky Samperante (Yayasan Pusaka) mengatakan:
“Selama beberapa dekade terakhir, Korindo berhasil lolos dari perhatian atas pelanggaran hak tanah masyarakat adat. Korindo harus memiliki komitmen serius untuk melindungi lingkungan dan menghormati serta memulihkan hak-hak korban masyarakat adat Papua.”
Andi Muttaqien (Satya Bumi) mengatakan:
“Korindo telah menghancurkan puluhan ribu hektar hutan tropis di Papua. Perusahaan harus membayar untuk pemulihan kerusakan lingkungan yang ditimbulkan, bukan sibuk membungkam pegiat lingkungan yang berupaya melindungi hutan dan hak masyarakat adat.”
Shin Young, Advokat untuk Hukum Kepentingan Umum, APIL (Korea):
“Jika Korindo serius dalam memperbaiki kredibilitas, memegang komitmen lingkungan serta HAM, maka Korindo memang harus mencabut gugatan hukum terhadap kelompok masyarakat sipil yang selama ini bersuara menentang pelanggaran yang dilakukan perusahaan. Kemudian memulihkan habitat hutan yang telah hancur, membayar ganti rugi kepada korban masyarakat adat Papua.
***
Kontak:
Franky Samperante (Yayasan Pusaka Bentala): 0813 1728 6019
Andi Muttaqien (Satya Bumi) : 0812 1996 984
Catatan kaki:
1 FSC menyelidiki Korindo setelah Mighty Earth mengajukan keluhan Mei 2017
2 Ringkasan FSC tentang temuan soal Korindo, setelah Panel Pengaduan FSC turun mengunjungi
perkebunan kelapa sawit Korindo pada Desember 2017 FSC
3 Seperti yang dilaporkan oleh Mongabay and The Gecko Project berdasarkan versi bocoran dari
laporan lengkap Panel Pengaduan FSC
4 FSC mengumumkan pemutusan hubungan dengan Korindo. Siaran Pers FSC 16 Oktober 2021
Gambar dan B-roll tersedia disini
Mighty Earth reacts to US Steel agreement to supply General Motors with sustainable steel
U.S. Steel has announced it will supply General Motors (GM) with its advanced and sustainable steel solution called verdeX® steel. The company says the steel is manufactured with up to 75 percent fewer emissions compared to traditional blast furnace production, is made with up to 90 percent recycled content and is endlessly recyclable without degradation.
Responding to the announcement, Glenn Hurowitz, CEO at Mighty Earth said:
“With 60 percent of emissions projected to come from the materials that go into a car by 2040, scaling up clean steel is exactly what GM and other automakers should be doing. But GM and US Steel should share what the scope of this agreement is. Is this enough steel for a few Chevies on display at an auto show, or is it going to change the way they build their whole fleet?”
The announcement comes a few days after Mighty Earth launched a seven-figure advertising and organizing campaign urging GM to shift to carbon-free aluminum, steel, and other materials.
Notes for editors:
- Link to the announcement here
- Mighty Earth’s advocacy of Responsible Steel resulted in the review achieving the “fastest global transition to a near zero steel sector.”
- The new Responsible Steel standard is the only one for the industry that include upstream scope 3 emissions, i.e., the emissions for mining etc., are counted
Ends
For more information or to arrange an interview contact:
Matt Groch, Senior Director, Decarbonization
Carole Mitchell, Senior Director of Communications,
Syd Jones, Press Secretary
Palm oil and timber giant Korindo backs down in long-running case to silence civil society organizations
(Hamburg, Germany 21 Feb 2023) The plaintiff in the legal proceedings, a company belonging to the Korindo group of businesses, has agreed to end a long-running lawsuit, after a judge in Germany looked set to dismiss the case. PT Kenertec Power Systems’ lawsuit was obviously intended to silence a civil society campaign to protect rainforest, in Indonesia’s Papua province, threatened by Korindo’s extensive palm oil operations.
Background
Korindo’s operations span the globe, ranging from timber, paper, rubber, and palm oil to renewable energy. In 2016, Mighty Earth, Rainforest Rescue and several Indonesian and Korean NGOs (non-governmental organisations) were signatories to a letter highlighting Korindo’s rampant deforestation in its huge palm oil operations in Papua, Indonesia. The letters were sent to Kenertec’s major wind tower customers in Germany.
In 2017 Mighty Earth submitted a complaint to the Forest Stewardship Council (FSC), a global sustainable forestry certification body, regarding Korindo’s clearing of more than 30,000 hectares of Indonesian rainforests in Papua. The FSC launched an investigation.1
In 2018, Korindo instructed legal firm, LPA Singapore, to send threatening emails to at least seven organizations that signed the 2016 letter. The email stated: 'Korindo’s policy is to engage legal actions against individuals or organisations that circulate incorrect information or make factually erroneous public statements about Korindo - with the intention or effect to damage Korindo’s business interests. Korindo is consequently in the process of initiating legal actions against Mighty Earth.’
In 2019, Korindo’s PT Kenertec Power Systems German lawyers2 filed a libel lawsuit in Germany, against the Center for International Policy (CIP), a former fiscal sponsor to Mighty Earth, and the German NGO, Rettet den Regenwald (Rainforest Rescue). Kenertec’s German lawyer argued that statements, made in letters sent to wind tower customers in Germany, namely Siemens AG (Germany), Gamesa Corporation (now Siemens Gamesa) and Nordex SE (Germany), were defamatory.
In 2019 Korindo’s legal firm, threatened the FSC, which was investigating Korindo’s violations of its policies, based on Mighty Earth’s 2017 complaint. The investigation found that Korindo had destroyed more than 30,000 hectares of forest (equivalent to 42,000 football fields) in the previous five years and committed violations of Indigenous peoples’ traditional and human rights, in contravention of FSC standards.3 The investigation estimated that Korindo had ‘deprived indigenous communities in Indonesia’s Papua province of $300 million by underpaying for the timber harvested from their lands ’4
In late 2021, the FSC expelled Korindo based on its failure to cooperate with the FSC and agree on a process to address the impacts of its forestry and palm oil operations.5
Korindo agrees to settle
On 21 February 2023 Kenertec and Rainforest Rescue agreed to settle the dispute, instigated by Korindo three years ago, based on a proposal put forward by the German court. The judge declared that Kenertec could not sue CIP for statements made in the letter signed by Mighty Earth.
The SLAPP lawsuit was obviously designed to silence and intimidate the civil society groups and prevent them from repeating some statements in the letters, or be fined €250,000 in each case of violation, or face imprisonment.
What is SLAPP?
The lawsuit is an example of a Strategic Lawsuit Against Public Participation, or SLAPP suit, in which big corporations or high-profile individuals, file lawsuits designed to harass and drain substantial resources from watchdog organizations, activists, journalists, trade unions, media organizations, and those who represent the public interest.
Amanda Hurowitz, Senior Director for Southeast Asia, Mighty Earth said:
“Korindo’s attempt to silence Mighty Earth and our NGO allies was completely baseless. Finally, after three years, as a German court was preparing to dismiss the case, Korindo backed down. They agreed to settle without any damages or injunctions being awarded against Mighty Earth, CIP or Rainforest Rescue and agreed to pay most of the court’s legal costs.”
“Rogue companies that destroy the planet shouldn’t be wasting the courts’ time with cases aimed at gagging civil society groups, who are rightly pushing for a global end to deforestation for palm oil, timber, soy, beef, and other commodities, to tackle climate change and nature loss.”
Professor Roger Mann of German legal firm, Damm & Mann, acting for CIP and Rainforest Rescue, said:
“After more than three years, Korindo has accepted a settlement proposal made by the court after it was inclined to dismiss the case completely. The court had made it clear, at an early stage, that the claims against CIP and for revocation against both defendants were completely without merit.”
“Regarding the claims for injunctive relief in relation to the statement about the setting of illegal fires by Korindo, the defendants had presented so many facts and offered so much evidence that the court considered hearing witnesses in Indonesia. This did not happen because, after a change of judge, the court indicated that the plaintiff was not entitled to injunctive relief because its business was wind turbines, and it wasn’t involved in the palm oil business of Korindo.”
Franky Samperante, Yayasan Pusaka (Indonesia) said:
“For decades, Korindo has gotten away with violating indigenous peoples’ land rights without exposure. Korindo should be seriously committed to respect and recover the rights of affected Papuan Indigenous communities and protect local environment.”
Andi Muttaqien, Satya Bumi (Indonesia):
Korindo has destroyed tens of thousands of hectares of rainforest in Papua. The company should be using its resources and money to restore the damage it has caused, instead of wasting them to silence activist campaigns in protecting forests and indigenous peoples.
Shin Young, Advocates for Public Interest Law, APIL (Korea)
“If Korindo is serious about improving its credibility and environmental and human rights performance, it needs to stop its legal harassment of civil society groups who have tried to stand up to its abuses, restore the forest habitat it destroyed and pay restitution to affected Papuan Indigenous communities."
Ends
Notes to Editors:
1 FSC launches investigation into Korindo after Mighty Earth files complaint, Mighty Earth May 2017
2 Lawyers Manner & Spangenberg Partnerschaft von Rechtsanwälten mbB, An der Alster 64, 20099 Hamburg, Germany, Ref.: 10025-003 SCM
3 FSC overview of findings against Korindo, following the FSC Complaint Panel field trip to the Korindo’s palm oil plantations in December 2017 FSC
4 As reported by Mongabay and The Gecko Project based on a leaked version of the full FSC Complaint Panel report.
5 FSC announces disassociation from Korindo. FSC press release 16 October 2021
Images and broll available here
Sweet Nothings: Deforestation Remains High across Ghana & Côte d’Ivoire
Update:
As of March 28th, RADD alerts have highlighted at least 3,300 hectares of forest disturbances in Ghanaian cocoa-growing regions and 2,600 hectares of disturbances in Ivorian cocoa-growing regions since January 1st, 2023.
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In February 2022, Mighty Earth published our Sweet Nothings report in which we highlighted the unfulfilled promises of cocoa buyers and chocolate companies to halt cocoa-driven deforestation in West Africa and beyond. Our investigation uncovered evidence of ongoing tropical forest destruction in the key cocoa-growing regions of both Ghana and Côte d’Ivoire.
One year on, we’ve taken another look at the satellite data and, sadly, the overall picture has not improved. Deforestation across Côte d'Ivoire & Ghana’s cocoa growing regions in 2022 remained stubbornly high. RADD alerts — radar alerts that highlight forest loss in near-real time — picked up over 8,000 hectares (ha) of forest disturbance in Côte d'Ivoire, the most since 2019. In Ghana, RADD alerts highlighted over 12,000 ha of disturbance, similar to the amount of forest lost in 2021.
This is concerning as it has now been several years since the cocoa industry committed to take action on deforestation. At the November 2017 UN Climate Change Conference, the governments of Côte d'Ivoire and Ghana – along with cocoa traders and leading chocolate manufacturers (including Nestlé, Hershey’s, Mondelez, Unilever, and Mars) – signed the Cocoa and Forests Initiative (CFI) Framework for Action. This was followed in early 2019 by the publication of detailed action plans, raising hopes that companies across the cocoa supply chain would take decisive measures to end deforestation caused by the expansion of cocoa plantations in West Africa and work to rehabilitate degraded ecosystems.
Unfortunately, the evidence suggests that companies and governments have failed to make progress since this time. In Cote d’Ivoire, tree cover loss in cocoa growing regions has steadily increased from 5,500 ha in 2019 to 8,400 ha in 2022. In Ghana, the trend is less consistent, but just as dire. Tree cover loss in cocoa growing regions has averaged ~12,000 ha since 2019, with ~12,350 ha in 2022.
This is particularly concerning as Ghana is estimated to have lost 65% of its forest cover over the past thirty years, while Côte d’Ivoire has lost as much as 90% of its forests over a similar period. With a 2018 estimate showing just ~1,007,000 ha of primary humid tropical forest remaining in Ghanaian cocoa growing regions, and 1,035,000 ha in Côte d'Ivoire, these losses are very significant: 4.7% of remaining forests have been lost in Ghana over the past four years, and 2.6% in Cote d’Ivoire.
Source: Analysis (in Google Earth Engine) based on data from Wageningen University, in collaboration with World Resources Institute‘s Global Forest Watch program, Google, European Space Agency, University of Maryland and Deltares (2020).
Furthermore, estimates of forest loss based on RADD alerts are likely quite conservative, as they monitor a tropical forest basemap that only includes dense, humid tropical forests. IMAGES, the ‘official’ platform for forest monitoring adopted by both the CFI and Ivorian government paints an even scarier picture as the platform monitors more forest coverage than RADD: data from the IMAGES platform shows that more than 54,000 ha disturbance alerts were detected in Côte d'Ivoire’s cocoa growing regions in 2022, higher than both 2020 & 2021.
Source: Data from the IMAGES Platform's Early Warning System, licensed by Vivid Economics & co-financed by the UK Space Agency’s International Partnership Programme (IPP).
With new legislation soon banning the sale of agricultural products linked to deforestation on EU markets, companies and governments in West Africa now have no choice but to take seriously their previous commitments to protect forests in cocoa growing regions. Mighty Earth once again calls upon the CFI and its members to adopt a publicly available deforestation monitoring system, publish supply chain information related to cocoa sourcing, support sustainable cocoa-growing practices, and actively work to rehabilitate degraded forest landscapes.
For more information on our data and calculations, please rexplore Mighty Earth’s Cocoa Accountability Maps for Côte d'Ivoire and Ghana or reach out to [email protected].
Mighty Earth welcomes landmark agreement on new European law to ban deforestation
Mighty Earth welcomes landmark agreement on new European law to ban deforestation
It follows years of intense lobbying of policymakers by a coalition of civil society groups to strengthen the proposed legislation
EU policy makers agreed a landmark new zero-deforestation law that will ban agricultural goods linked to deforestation and forest degradation from being sold in EU markets. The EU is the world’s second largest importer of agricultural products, after China. The deal was struck as government leaders begin to gather for the start of the crucial UN Biodiversity Conference COP15 meetings in Montreal in Canada.
Reacting to the EU Deforestation Regulation agreement, Mighty Earth CEO Glenn Hurowitz said:
“This legislation is a gamechanger for the world's forests. For the first time, European governments are telling companies selling agricultural goods: ‘If you or your suppliers destroy forests, you can’t sell your products here’.” With this law, Europe is putting real action for wildlife on the table, too, in advance of the Montreal Biodiversity COP.”
“Big ag companies will finally have to stop talking about how much they love forests, and start doing something for forests.”
“With more than 125 million hectares of previously deforested land across the tropics where agriculture can be expanded without threatening native ecosystems, compliance should not be a challenge for responsible actors.”
“There are some dangerous gaps in this new EU anti-deforestation legislation, including its failure to immediately protect carbon-rich peatlands and biodiverse savannas and to ensure full protection for Indigenous people. If EU policymakers don’t want the legislation to create a perverse incentive for big ag companies to just drive their bulldozers from the Amazon rainforest to the Cerrado savanna, they’re going to have to act quickly to close these loopholes.”
“To fully safeguard the future of our forests, we also need the rest of the world to act. If the United States, UK, China, and Japan follow Europe, then nearly 75% of the world's imported deforestation could be eliminated within a few years.”
The EU Deforestation Regulation (EUDR) targets cattle, cocoa, coffee, palm oil, rubber, soy, and wood (including charcoal & printed paper); preventing any goods derived from these commodities from being sold in the EU if they contributed to deforestation after December 31, 2020.
Mighty Earth and its CSO allies in the 200+ strong Together4Forests coalition had also been pushing hard to ensure that agricultural products imported into the EU are produced in accordance with international human rights standards, including with regards to the principle of Free, Prior and Informed Consent (FPIC). FPIC is an internationally recognised tool to ensure that any development in areas occupied by people with customary land rights cannot take place without those peoples’ explicit and prior consent. During the final negotiations, references to FPIC were added to the law, as were risk mitigation provisions relating to the consultation of Indigenous people regarding claims to their territories.
The law also allows third parties affected by companies responsible for deforestation to make claims for access to justice in the EU; and creates penalties for breaches of the law including heavy fines, confiscation of products, 'shame listing’ violators, and temporary bans on companies selling in the EU.
Despite its ground-breaking nature, though, Mighty Earth is concerned about several weaknesses within the law. The provisions on human rights do not reference international standards, relying instead on national laws. Additionally, key commodities with deforestation impacts – including maize, cashew, and meats such as pork and chicken – are not covered by the regulation as it stands.
Other threatened ecosystems such as grasslands, wetlands, and peatlands are also not protected. Mighty Earth is also concerned that the law will not come into force until July 2024 and is disappointed that EU policymakers neglected to put due diligence obligations on banks and investors that finance large commodity producers and buyers.
Mighty Earth launches new interactive map to track cocoa-driven deforestation in Ghana
Mighty Earth launches new interactive map to track cocoa-driven deforestation in Ghana
Forest loss in the West African country remains high despite government and industry pledges to reduce it
Link to map here
The launch of Mighty Earth’s new Cocoa Accountability Map for Ghana comes as the organisation reveals forest loss in the country remains stubbornly high, despite pledges by the Ghanian government and the chocolate industry to reduce cocoa-driven carbon emissions and forest loss.
Latest figures show 10,550 hectares of deforestation this year within cocoa-growing regions, with 8,188 hectares of this clearance occurring within forest reserves. It is likely that much of this clearance has been for cocoa plot expansion.
Mighty Earth has been working with RADD (Radar for Detecting Deforestation) forest-alert data from 2019 onwards to identify areas of recent land clearance across Ghana, which has lost more than 2.5 million hectares (33.7%) of its forest since the early 1990s.1 The open-source map for the Ghanaian cocoa industry consolidates data layers to provide greater transparency around deforestation linked to cocoa industry supply chains. The initiative provides visibility to cocoa cooperatives, with data released by Whittaker, Barry Callebaut, Olam, Blommer, Ecom, Ferrero, Hershey, Mars, Nestle, and Tony’s Chocolonely.2
Dr Julian Oram, Senior Director for Africa at Mighty Earth said:
“It is possible to prevent cocoa from deforested areas ending up in chocolate products, but two things need to happen. Firstly, small scale farmers, which are the bedrock of the industry, need to be properly remunerated, creating a disincentive to farm in forest reserves, or protected areas. Secondly, we need effective monitoring, which is where our Ghana Cocoa Accountability Map comes in. Our aim is for farmers, cocoa companies, NGOs, and governmental organizations to work together to end deforestation in supply chains and meet commitments for full traceability from farm gate to chocolate product.”
The new interactive map highlights deforestation hotspots, including those within protected areas and forest reserves, and shows their proximity to Licensed Buying Companies (LBCs) 3 supplying major cocoa traders and chocolate companies.
Sam Mawutor, Senior Advisor, Ghana at Mighty Earth said:
“The cocoa beans' journey from farm to the first point of purchase is still the hardest to track and this is where beans from deforested areas can be mixed with those grown on legally cultivated land. The grim reality is that 30 – 40% of cocoa is still untraceable. Some chocolate companies are sitting on that information. Our map can be used to raise deforestation alerts and to hold big business accountable for bad practices. Locally we’re promoting the use of agroforestry approaches, which give value to standing trees and help diversify farmer livelihoods.”
Training session with local farmers in Accra Tuesday 6 December
Mighty Earth is training local cocoa farmer cooperatives and Ghana CSO Cocoa Platform members to use the map collaboratively to gain further insight into traceability at local level, beyond the LBC locations published by corporations.4
Evelyn Aziamati, a cocoa farmer from Adjoobo Okrase in Ghana’s Eastern Region, said:
“Protecting our livelihoods means addressing deforestation and being aware of what is happening in our local area. Tracking where the threats are can help us to raise the alarm before one hectare of deforestation becomes ten. Keeping our farms going and being able to provide for our families, means growing cocoa sustainably and using standing forests to support our work.”
Mighty Earth welcomes landmark agreement on new European law to ban deforestation
Mighty Earth welcomes landmark agreement on new European law to ban deforestation
It follows years of intense lobbying of policymakers by a coalition of civil society groups to strengthen the proposed legislation
EU policy makers agreed a landmark new zero-deforestation law that will ban agricultural goods linked to deforestation and forest degradation from being sold in EU markets. The EU is the world’s second largest importer of agricultural products, after China. The deal was struck as government leaders begin to gather for the start of the crucial UN Biodiversity Conference COP15 meetings in Montreal in Canada.
Reacting to the EU Deforestation Regulation agreement, Mighty Earth CEO Glenn Hurowitz said:
“This legislation is a gamechanger for the world's forests. For the first time, European governments are telling companies selling agricultural goods: ‘If you or your suppliers destroy forests, you can’t sell your products here’.” With this law, Europe is putting real action for wildlife on the table, too, in advance of the Montreal Biodiversity COP.”
“Big ag companies will finally have to stop talking about how much they love forests, and start doing something for forests.”
“With more than 125 million hectares of previously deforested land across the tropics where agriculture can be expanded without threatening native ecosystems, compliance should not be a challenge for responsible actors.”
“There are some dangerous gaps in this new EU anti-deforestation legislation, including its failure to immediately protect carbon-rich peatlands and biodiverse savannas and to ensure full protection for Indigenous people. If EU policymakers don’t want the legislation to create a perverse incentive for big ag companies to just drive their bulldozers from the Amazon rainforest to the Cerrado savanna, they’re going to have to act quickly to close these loopholes.”
“To fully safeguard the future of our forests, we also need the rest of the world to act. If the United States, UK, China, and Japan follow Europe, then nearly 75% of the world's imported deforestation could be eliminated within a few years.”
The EU Deforestation Regulation (EUDR) targets cattle, cocoa, coffee, palm oil, rubber, soy, and wood (including charcoal & printed paper); preventing any goods derived from these commodities from being sold in the EU if they contributed to deforestation after December 31, 2020.
Mighty Earth and its CSO allies in the 200+ strong Together4Forests coalition had also been pushing hard to ensure that agricultural products imported into the EU are produced in accordance with international human rights standards, including with regards to the principle of Free, Prior and Informed Consent (FPIC). FPIC is an internationally recognised tool to ensure that any development in areas occupied by people with customary land rights cannot take place without those peoples’ explicit and prior consent. During the final negotiations, references to FPIC were added to the law, as were risk mitigation provisions relating to the consultation of Indigenous people regarding claims to their territories.
The law also allows third parties affected by companies responsible for deforestation to make claims for access to justice in the EU; and creates penalties for breaches of the law including heavy fines, confiscation of products, 'shame listing’ violators, and temporary bans on companies selling in the EU.
Despite its ground-breaking nature, though, Mighty Earth is concerned about several weaknesses within the law. The provisions on human rights do not reference international standards, relying instead on national laws. Additionally, key commodities with deforestation impacts – including maize, cashew, and meats such as pork and chicken – are not covered by the regulation as it stands.
Other threatened ecosystems such as grasslands, wetlands, and peatlands are also not protected. Mighty Earth is also concerned that the law will not come into force until July 2024 and is disappointed that EU policymakers neglected to put due diligence obligations on banks and investors that finance large commodity producers and buyers.
Mighty Earth calls for urgent action from UK retailers & government to end deforestation
Mighty Earth, in collaboration with Think Film Impact Productions, held a special film screening and panel event in London on 24 November. It brought together an audience of leading retailers, including Tesco, Waitrose, M&S and John Lewis, along with civil servants from BEIS (Department for Business, Energy, and Industrial Strategy), the Foreign & Commonwealth Office, DEFRA the UN, plus environmental NGOs including Friends of the Earth, Sustain and WWF. The aim of the event was to examine how best to prevent deforestation, linked to the global meat and soy industries, from entering UK supply chains and ending up on supermarket shelves.
The film screening was preceded by a panel discussion, which included special guest Indigenous leader from the Amazon, Benki Piyako, Will Schreiber of the Retail Soy Group and Maggie Charnley, Head of International Forests Unit at BEIS.
Speaking during the panel event, Benki Piyako offered a message of hope, saying the election of President Lula offered a new dawn for the Amazon, but said everyone has a role to play:
“We all have a collective responsibility to ensure the resources we are using, the products coming to the UK from the Amazon do not harm nature – and we must all understand the impacts of what we are consuming. Companies must stop taking from the forest and we all must ensure we protect the Amazon, for the sake of all of life on our planet.”
Will Schreiber of RSG (Retail Soy Group) said:
“We must use the power, both from retailers and through strong legislation, to hold agricultural companies to account and ensure deforestation is eliminated from our supply chains.”
Maggie Charnley, Head of the UK Government's International Forests Unit (BEIS-FCDO)
“The trader roadmap announcement at COP27 demonstrated collective action by the sector but needs to be implemented and strengthened if we are to halt and reverse the loss of forests and other ecosystems. Strong UK and EU due diligence legislation paired with efforts in Brazilian law must support consumer interests to ensure our supply chains work with local communities and do not drive forest loss.”
Gemma Hoskins, UK Climate Director at Mighty Earth said:
“Our hope is that by bringing together a wide-ranging collection of actors across the supply chain to see and to feel the impacts and the reality on the ground for those forests’ defenders on the front line of this crucial fight, organisations, Government, and business move our collective agenda forward through specific and urgent action. Suspending business with known forest destroyers is a positive step UK retailers can take immediately to stamp out deforestation from landing on our dinner plates.”
Michelin moves to keep rubber in EU Deforestation Regulation
Michelin today became the first major company to publicly express support for the inclusion of natural rubber under the forthcoming European Union Deforestation Regulation, which is entering the crucial final week of negotiations.
The draft Regulation, which will prohibit the sale of agricultural products linked to deforestation in the EU, does not currently include rubber amongst the list of commodities covered. However, the European Parliament is pushing for rubber to be included, whilst individual member states are divided on the issue; leading to a stalemate in the negotiations.
Crucial to swaying country positions is the opinion of companies that buy and sell rubber products, particularly tire companies, which are by far the largest users of natural rubber. To date, the industry has been lukewarm, with trade association ETRMA (European Tire and Rubber Manufacturers Association) failing to offer a clear position either way.
Today's announcement by Michelin represents a breakthrough. In their statement, the company writes:
"Michelin confirm that it supports the inclusion of natural rubber in the list of commodities affected by the regulation on imported deforestation, provided that the traceability’s requirements are adapted to the natural rubber supply chain, which is particularly complex and fragmented".
The company prefers a district-level approach to traceability, rather than individual farm plot level.
Responding to the statement, Mighty Earth Senior Director, Dr Julian Oram, commented:"
“Michelin has shown much-needed leadership by calling for the inclusion of natural rubber within the EU Deforestation Regulation. Other European tire companies like #Pirelli and #Contintental need to do the same and tell EU policymakers that the industry is ready to make legal commitments on zero-deforestation natural rubber supply chains.”
The final Trialogue discussions between EU member states, the Parliament, and the European Commission are due to take place on Monday December 5, 2022.
Carrefour is STILL smoking us out! And we have new evidence!
Mighty Earth launched a new report and campaign in September calling on the French retail giant to urgently clean up its supply chains and cut ties with industrial meat and soy traders driving deforestation.
In response to that, Carrefour said it had suspended beef supplies from two JBS slaughterhouses linked to deforestation on Indigenous Uru-eu-wau-wau land in the Amazon.
We’ve now found new evidence that deforestation-tainted meat is still being sold in Carrefour’s Atacadao brand shops in Brazil. Carrefour explains this as a “malfunction!”
Read our second and latest report on Carrefour here.
New investigation alleges deforestation and greenwashing linked to Michelin.
A major new year-and-a-half long investigation by Voxeurop into a “sustainable” rubber project by French tire giant Michelin and Indonesian conglomerate Barito Pacific has led to fresh allegations of widespread deforestation, wildlife habitat destruction, and greenwashing linked to the joint venture.
The investigation, initially sparked by Mighty Earth’s 2020 Complicit report, alleges investors in a $95 million so-called “green bond” used to finance the PT Royal Lestari Utama (RLU) project in Jambi, Sumatra, were misled and never told that Michelin’s local partner had deforested thousands of hectares of tropical rainforest and global priority wildlife habitats just prior to the launch of the flagship project in January 2015.
Michelin had claimed to investors that the RLU project would promote good practices for sustainable natural rubber production and support the development of local communities while protecting, reforesting, and restoring crucial habitats for the critically endangered Sumatran tigers, elephants, and orangutans, which live in and around RLU's rubber plantations.
Specifically, Michelin said in a key press statement in May 2015 that their RLU project with Barito Pacific would include: “The reforestation of three concessions, representing a total surface area of 88,000 hectares, ravaged by uncontrolled deforestation.” But analysis of historical satellite imagery published in the Voxeurop report found much of the landscape within RLU’s concessions in Jambi was not previously “ravaged by uncontrolled deforestation” at all.
Instead, Voxeurop’s investigation claims that 8,468 hectares of pristine rainforests within the concession were industrially deforested to make way for RLU’s monoculture rubber plantations and that, in doing so, vital habitats in Sumatra’s No.1 conservation priority area – including key tiger ranges, elephant corridors, and orangutan re-introduction sites – were destroyed and fragmented. Two highly vulnerable forest-dwelling Indigenous communities also lost their ancestral lands, and other villagers and local communities have claimed they did not give their free, prior and informed consent for these forest clearances.
Overall, Voxeurop found about a third of the rubber plantations financed by the green bonds are located in the area that was deforested in Jambi before the joint venture with Michelin and Barito Pacific was signed.
The RLU project was supported by major organisations such as the UN Environment Programme (UNEP), USAID, and WWF and backed by key banks and financiers such as BNP Paribas, ADM Capital and the &Green fund. But the investigation published by Voxeurop asserts that Michelin and the Tropical Landscapes Finance Facility (TLFF), which issued the 15-year $95m green bond, knew from an independent assessment report by Earthworm that Michelin’s local partner, Barito Pacific, had intentionally deforested the Jambi rainforests between 2011 and 2014. According to Voxeurop and an earlier complaint by Mighty Earth, this information was not shared with investors during the sale of $95m of green bonds on the Singapore Exchange in 2018 to finance the RLU project – a financial innovation dubbed as “Asia’s first green bond”, and which seemingly complied with Climate Bonds Initiative standards.
In June 2022, Michelin acquired RLU as a sole shareholder. In an extraordinary twist, that following month, the entire $95m in long-dated green bonds were quietly redeemed and paid back in full to investors for reasons which remain unclear.
Following the publication of the new evidence by Voxeurop, Mighty Earth Senior Director, Alex Wijeratna, said:
“This is a major scandal and a classic example of how green bonds are fuelling corporate greenwashing.”
“Two years ago, Mighty Earth produced evidence which suggested that Michelin knew its local partner had carried out extensive deforestation in Sumatra’s number one priority conservation area prior to the official launch of their joint venture. Voxeurop’s new investigation adds weight to our assertion that Michelin and other key actors failed to disclose material information about that critical habitat destruction to investors in this collapsed green bond scheme.”
“Local communities claim they were allegedly forced off their ancestral land in Jambi without free, prior and informed consent, while global priority habitats of critically endangered species were destroyed, bringing people and wildlife into conflict. Mighty Earth is joining local groups in Indonesia calling for an urgent UN investigation into alleged Indigenous, environmental, and human rights violations linked to Michelin’s RLU rubber project in Sumatra.”
With the publication of Voxeurop’s new investigation, there is now considerable evidence demonstrating that the RLU project in Jambi was in likely violation of the voluntary Green and Sustainability Bond Principles. Mighty Earth submitted a formal complaint to the green bond oversight body, the Climate Bonds Initiative (CBI) in London in March 2021 against the $95m green bond listing on the RLU project, but the CBI failed to formally respond to or investigate Mighty Earth’s complaint. With moves to tackle corporate greenwashing hitting the headlines at COP27, and the UN demanding a tightening of these voluntary standards, this case exemplifies all that is wrong with so-called “green” bonds.
Dr Julian Oram, Senior Director at Mighty Earth, is calling for proper scrutiny of green and sustainability-linked bonds to prevent greenwashing:
“Voxeurop’s evidence has exposed grave flaws in the booming but wildly unregulated green bond market. It has revealed how Southeast Asia’s first corporate green bond was glaringly unfit for purpose and facilitated greenwashing of a project with patently unsustainable origins.”
“With proper human rights-based due diligence and close stakeholder consultation, green finance schemes can play an important role in leveraging vital funds into nature-enhancing agriculture projects. But we need tougher regulation and scrutiny of green, climate and sustainability-linked bonds to ensure these schemes don’t mislead investors or inadvertently fuel climate change or forest and wildlife habitat destruction.”
Abdullah Bedoel, Executive Director of local environmental group Walhi Jambi, said human-wildlife conflict has become a bigger problem following the RLU project:
“The local community in Jambi have lost most of their ancestral forests due to massive land clearing for Michelin’s RLU project. In the past, the community could use the forests as a source of livelihood and grow crops. Now the animals that used to live there have lost their habitat, and the area has been opened to wildlife hunters. The food chain is badly disrupted, causing wildlife such as tigers and elephants to descend on community settlements in search of food. In the past, before the large-scale forest clearing, there were no cases of wildlife attacks on local communities. Now, communities around the forest must deal with elephant herds entering their farmlands and tigers preying on their livestock, even resulting in fatalities.”
Mighty Earth is calling for:
- An urgent UN investigation into alleged Indigenous, environmental and human rights violations in the RLU project area in Jambi, specifically those relating to the violation of Indigenous peoples’ rights;
- The publication of all environmental and social assessments, wildlife surveys, FPIC and community consultation exercises conducted before the launch of the joint venture between Michelin and Barito Pacific;
- Restoration of environmental damage done and full compensation for all negatively affected communities.
- Tighter regulation of green bond markets to stop the mis-selling of financial products linked to “sustainable” rubber and other commodity projects without adequate due diligence checks.
- A formal response to a written complaint submitted by Mighty Earth in March 2021 to the Climate Bonds Initiative, which played a crucial role in rubber-stamping the “green” credentials of the RLU project.
Agribusiness plan to end deforestation: no targets, no accountability, more destruction
The meat industry lost a golden opportunity to end deforestation today and seems hell-bent on making sure they keep missing. The roadmap’s insistence that individual companies undertake best efforts to establish individual cut-off dates for deforestation no later than 2025 means the bulldozers will keep running and the destruction will continue.
Cargill, Bunge, and the other companies are trying to defy that we’re in a climate and nature crisis, as well undermining President Lula’s agenda that puts forests at the center of Brazil’s economic and political development.
“They’re also defying the calls of their own customers, the supermarkets who called on them to end deforestation effective from 2020. They seem to expect that they can continue to get away with deforestation with impunity. It’s up to supermarkets like Carrefour and Tesco to make sure there are consequences for their continued role in burning the Amazon and other ecosystems.”
“The Amazon has lost more than 2 billon trees in the last four years and every day that passes takes it closer to a tipping point, where it is no longer able to function and play its part in cooling a warming world. It’s up to private sector and government to make the vision of Nature, as an essential part of the climate solution, a reality.
Mighty Earth's Glenn Hurowitz speaks to BBC World's Newsday
Mighty Earth's CEO Glenn Hurowitz joined BBC World News earlier today for live coverage of President-elect Lula's victory in Brazil. Lula is promising to put Indigenous communities and the protection of the #Amazon at the heart of his political and economic plans. He'll be welcomed onto the world stage at the upcoming climate conference in Egypt to outline his vision. Commenting, Mighty's CEO said it's a huge boost for the planet to have a leader of a large country like Brazil prioritising people, climate and nature.
What a profound relief for the Amazon - Lula beats Bolsonaro
What a profound relief for the Amazon, Brazil’s Indigenous people, and the planet. Lula’s election really is a big deal: When you dig into his agenda for the environment, it’s exhilarating:
🌳 Restoring environmental law enforcement
🌳 Creating half a million square kilometers of Indigenous reserves and protected areas.
🌳 Tax incentives to drive development onto degraded land instead of pristine ecosystems and support sustainable farming.
Lula is also likely to restart the Amazon fund that works with international partners to support conservation and partner with other rainforest nations.
As big of a victory for the climate as this is, however, the election of pro-deforestation governors and congressional representatives means fully achieving Lula’s vision faces challenges. Bringing environmental cops back on the beat and tax changes require Congress to appropriate funds to operationalize it.
Some of the biggest obstacles are the international companies that dominate Brazil’s enormous meat industry – by far the biggest driver of deforestation. Carrefour, Tesco, Stop & Shop, and BNP Paribas engaged in shameful behavior during the Bolsonaro administration. No matter how many acres went up in smoke or how many land defenders were murdered, they continued doing business with the companies most linked to the deforestation spree. I hope Lula’s administration will investigate these companies' actions.
Under Lula’s previous administration, deforestation plummeted even as the agriculture sector surged. He broke the link between environmental destruction and economic growth. During his time in office from 2003 to 2011 Lula radically reduced the deforestation of the globally important Amazon. Still, much of the hard work was undone by Bolsonaro, who weakened environmental protection and Indigenous land rights over the last four years. One study says during his presidency, the Amazon lost 2 billion trees.
Tackling deforestation in Brazil remains critical for the country to meet its climate pledges. Emissions linked to deforestation and agriculture make Brazil the seventh highest polluter globally. Despite Brazil’s pledges to rein in deforestation at the COP26 summit last year in Glasgow, it is still very much active in Brazil.
Brazil now has an opportunity to go even further and transform from a major source of climate pollution into the country doing more to suck carbon out of the air than anywhere else in the world…if the private sector companies who have financed the destruction can finally get out of the way.
For our part, we’re going to be ramping up campaigns to ensure that these companies finally respect Brazil’s natural resources and people so that an environmental disaster never happens again.
Climate Week NYC: Mighty Earth calls time on supermarkets linked to deforestation
NEW YORK (September 22, 2022) – Mighty Earth brought a peaceful and powerful protest to save our precious forests and the people and wildlife who live there, to the Forest Positive Coalition of Action meeting, taking place during New York Climate Week.
The coalition, part of the Consumer Goods Forum, is made up of many of the world’s biggest and most influential companies, with a combined market value running into trillions of dollars: Colgate-Palmolive, Mars, Mondelez, Nestle, Carrefour and Tesco.
Carrying clocks and pushing shopping carts, the dancers demonstrated that time is running out for supermarkets and other consumer goods giants to clean up their supply chains.
The Amazon’s experiencing a record year for fires and urgent action is needed, now. The Forest Positive Coalition has just released its second annual report, pledging to improve transparency and introduce more regulation for all companies.
Our CEO and Founder of Mighty Glenn Hurowitz was on the streets of Manhattan with our activists and inside with industry leaders:
Watch Glenn’s report here:
https://www.facebook.com/watch/?v=445727674201657
Missing from the crunch talks yesterday was the co-chair of the Forest Positive Coalition, Alexandre Bompard who has promised “swift action” on deforestation and to “challenge suppliers, traders and farmers” to improve their practices:
Watch Mr Bompard promise action here:
CGF Forest Positive Coalition of Action: CEO Introduction
We know that meat from illegally deforested land is still ending up on Carrefour shelves: Land that rightfully belongs to the Indigenous Peoples who have lived there for thousands of years. As consumers we are dining on that deforestation, but it is not listed as an ingredient, because these big companies are not transparent about their suppliers and their illegal activities.
We would very much like to speak to Mr Bompard about his promises for “swift action” to find out how plans are progressing! Mr Bompard is one of the industry leaders who can stop deforestation in the Amazon and beyond.