Rush for rare earth minerals in Southeast Asia compounding dangers for region’s environmental defenders: Report

BECOMING TARGETS

Without resources or protections, defenders can find themselves the victims of “lawfare” carried out by governments, who can weaponise legislation to silence opponents. 

In the Philippines, for example, defenders can be “red-tagged” by security forces, national police or government officials – essentially accusing activists of communist insurgency – in an effort to quash their opposition to projects.

Mr Bonifacio said that state institutions, corporations and social media giants needed to be held to account for their role in causing or enabling violence against citizens.

He cited an ongoing troubling case of two young female activists – both university students – abducted by unidentified men while attempting a community visit related to land reclamation on Manila Bay on Sep 2. Authorities were yet to confirm if they had the pair in custody.

“People are on the frontlines doing such incredible work. And you can’t help but be inspired by their work. But then they’re actually the very people who are also being killed, being attacked or harassed and arrested,” he said.

“It starts with trying to break that culture of impunity, holding people accountable and really taking these concrete actions, legislation or whatnot, to protect our environmental defenders, and actively recognise the crisis at hand.”

A bill in the Philippines seeking to protect human rights defenders and punish intimidation or violence against them was approved at the committee level at the House of Representatives in February. 

In response, a government taskforce labelled the potential bill a “grave, vicious, and insidious threat against the Philippines’ democratic way of life”, and it has yet to be enacted into law.

In Indonesia, where 17 defenders were documented to have been killed since 2012, amendments to the Criminal Code last year were criticised by experts and activists for having the potential to weaken environmental protections and enable the persecution of land defenders.

Under the provisions, companies have to be proved to be violating certain laws before they can be prosecuted for environmental crimes, requiring a higher burden of proof than before for anyone taking action against polluters.

The code, which is not slated to be fully enacted until 2025 and can be legally challenged, also reduces sanctions for environmental crimes and makes it a criminal offence to criticise the president, and potentially therefore, public works projects.

In Vietnam, five high-profile climate activists have been jailed over the past two years for tax evasion, charges that their supporters have said are politically motivated. 

“With environmental defenders and rights activists being criminalised in Vietnam, there are serious concerns that civil society is effectively being excluded from deliberations around the energy transition,” the report stated.

In other parts of the world, other possible solutions are afoot, including the appointment of the first United Nations Special Rapporteur on Environmental Defenders, to which members of the public can launch complaints. It is the first international mechanism in the world designed to protect defenders across the globe.

Additionally, the European Union is currently negotiating legislation that would require large companies to conduct due diligence on their business activities globally.