FoE

CANE Update

Nectaria August 11, 2015

FOE Adelaide has of late been focused on critical engagement with the Royal Commission into the Nuclear Fuel Cycle. Submissions have been made on all four of the Issues Papers, which cover the four areas the Royal Commission is tasked to consider – the expansion of uranium mining, nuclear energy generation, processing and waste storage. Last month our anti-nuclear campaigner travelled to Copley to attend a community meeting about the Royal Commission and to support submission drafting. FOE Adelaide has also been convening the anti-nuclear coalition meetings, held every 3 – 4 weeks at Mad Mouse Alley.

FOE has communicated to the Royal Commission concerns regarding various issues that have arisen since the Royal Commission was announced that seriously undermine its claimed impartiality, including:

• The lack of balance on the Royal Commissions Expert Advisory Committee between proponents and critics of the nuclear industry

• The pecuniary interests in nuclear related companies of the Royal Commissioner and some of his staff

• The potential conflict of interest of Expert Advisory Committee member Tim Stone, who is non-executive director of Horizon Nuclear Power, a UK nuclear energy company, and wholly owned subsidiary of Hitachi

• The restrictive and formalistic submissions process, including the requirement that they are signed by a Justice of the Peace

• Failure to produce the Issues Papers in any Aboriginal language, despite the fact that the nuclear industry disproportionately affects Aboriginal communities in South Australia, and that in some Aboriginal communities English is not spoken as a first language

• A factual error in Issues Paper 1, misrepresenting the legal framework of Aboriginal Heritage in South Australia, and completely omitting any reference to the extraordinary legal exemptions enjoyed by BHP Billiton at its Olympic Dam mine and the surrounding area, which would also apply to any future expansion by the company

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Media Release: PUBLIC CONSULTATIONS BASED ON MISINFORMATION:

robyn August 10, 2015

MEDIA RELEASE

23^rd July 2015

PUBLIC CONSULTATIONS BASED ON MISINFORMATION:

ROYAL COMMISSION ON THE NUCLEAR FUEL CYCLE FAILS TO CORRECT FACTUAL ERROR IN ISSUES PAPER

Friends of the Earth Adelaide have recently informed the Royal Commission into the Nuclear Fuel Cycle of a factual error in Issues Paper 1, concerning the regulation of Aboriginal Heritage matters in South Australia. Issues Paper 1, which deals with the exploration, extraction and milling of uranium, states that Aboriginal sites of significance are protected by the Aboriginal Heritage Act 1988.

“The Royal Commission was informed in writing that this is not the case for BHP Billiton, South Australia’s biggest miner,” said Nectaria Calan of Friends of the Earth Adelaide. “Under the Indenture Act, which applies solely to BHP Billiton, the company’s Olympic Dam mine and some

15, 000 square kilometres of the surrounding Stuart Shelf are exempt from the Aboriginal Heritage Act 1988. This exemption would carry through to any future expansion of uranium mining by BHP Billiton at Olympic Dam or in the surrounding area.”

In his recent response to Friends of the Earth Adelaide Royal Commissioner Kevin Scarce insisted that in the event of an expansion of uranium mining Aboriginal Heritage matters would be regulated by the Aboriginal Heritage Act 1988.

“This is simply not the law throughout the state,” said Ms Calan. “Friends of the Earth Adelaide have supplied the Royal Commission with referenced information regarding the Roxby Downs (Indenture Ratification) (Amendment of Indenture) Amendment Act 2011, which amends the current Indenture Act to apply to any expansion formally announced by the company up until October 2016. If it was an honest mistake to begin with, it is negligent not to correct it.”

“At one point, the Royal Commissions reply almost acknowledges the inaccuracy by suggesting that it is the substance rather than source of legal protections that is important. However, there are substantive differences between the Aboriginal Heritage Act 1988 and the legal framework that does apply to BHP Billiton. For example, one of the differences between the law that applies to BHP Billiton, and that which applies elsewhere in the state, is that certain matters of Aboriginal Heritage are decided by BHP Billiton instead of the Minister. This includes determining which areas are to be protected. A corporate body with a commercial interest in land also making determinations on its competing non-commercial values is arguably a conflict of interest. At the least it is a substantive difference from such powers being held by the Minister.”

“Does the Royal Commission have such little respect for Aboriginal Heritage matters that they consider such details irrelevant?” asked Ms Calan. “The starting point for any credible consultation process is the presentation of accurate information. Curiously, the Royal Commission advised Friends of the Earth to put our concerns regarding this issue in a submission, sidestepping the key issue – that the public are making submissions based on inaccurate information provided in the Issues Paper. The dismissive response of the Royal Commission undermines any confidence that the Issues Papers are accurate overviews of the nuclear industry.”

For comment contact:

Nectaria Calan

0432 388 665

Friends of the Earth Adelaide

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Historic Progress Towards Binding Treaty on Business and Human Rights

roman July 26, 2015

Notes from Cam Walker

Rules for Business

GENEVA, July 10 — The first session of UN negotiations on legally binding rules for transnational corporations (TNCs)[1] concluded today, with hopes high for the process towards a treaty that could finally bring justice and protection to millions.

Talks convened in Geneva on July 6th to begin elaborating a treaty on business and human rights. Civil society organizations from all over the world took part, demonstrating coordinated work, a wealth of proposals and thorough analyses of the urgent need for an international legally binding instrument to prevent TNCs’ human rights abuses and provide justice and remedy for affected people.

Preparatory work of civil society at national and international level was strong. Movements from Indonesia and Brazil, for example, combined proposals for the treaty built on the voices of affected peoples, on concrete cases of human rights violations by TNCs and on advocacy work to push national governments to engage in a proactive way.

TNCs are often responsible for human rights violations. These crimes frequently go unpunished due to glaring gaps in the international legal system, the absence or weakness of enforceable national policies, or judicial corruption in TNC host and/ or home countries. Many corporations are also richer and more powerful than the states seeking to regulate them. Corporate campaign financing for political candidates also creates a layer of impunity for TNCs.

“UN member States and expert panelists made great progress tackling this difficult but vital work. We also applaud the formidable mobilization of civil society organizations, whose presence really spurred the talks forward,” said Lucia Ortiz, Economic Justice International Program Coordinator, Friends of the Earth International.

The EU and several other, mostly rich, countries were largely absent from the talks, allegedly claiming that negotiation of a legally binding treaty would distract from the implementation of the existing UN Guiding Principles — a set of voluntary guidelines for businesses.

“The growing abundance of human rights abuses perpetrated by TNCs or on their behalf proves voluntary guidelines are absolutely insufficient and TNCs should not be trusted to police themselves,” said Anne van Schaik, Sustainable Finance Campaigner, Friends of the Earth Europe. “Many EU countries are home to TNCs with deplorable records of systemic rights violations in the global south. European civil society organizations have joined forces with great strength to defend rules for business and rights for peoples, making The EU governments’ lack of interest in pushing corporations to respect rights even more shameful.”

“For decades social movements have been demanding a legally binding treaty and insisting corporate influence of the UN must end. Yet even last year many people still believed that a treaty like the one the UN is now working towards would be impossible,” said Irhash Ahmady of Friends of the Earth Indonesia, “but this week has demonstrated that the political will exists, the experts believe it is possible, and many States and people are prepared to make it happen.”

“Most of the States came to the talks open minded and feeling brave enough to finally advance a devastatingly neglected area of international law,” said Ricardo Navarro, Director of Friends of the Earth El Salvador. “This bravery will be crucial ahead of the next round of talks. States and civil society must work hard to keep up momentum, bring even more States to the table, and consult widely. Affected people, whose struggles in the face of TNC violations, expertise and proposals must be part of this consultation, so we can truly condemn impunity to history!” he added.

A delegation from Friends of the Earth International attended the talks as part of the Campaign to Dismantle Corporate Power and as member of the Treaty Alliance: together, a movement of over one thousand organizations representing tens of millions of individuals around the world.

FOR MORE INFORMATION

Lucia Ortiz, Economic Justice International Program Coordinator, Friends of the Earth International: + 55 48 99150071 or lucia@natbrasil.org.br

Alberto Villarreal, Trade and Investment Campaigner, Friends of the Earth Latin America & Caribbean: +41 79 429 4275 or comerc@redes.org.uy

Anne van Schaik, Sustainable Finance Campaigner, Friends of the Earth Europe: +31 6 243 43968 or anne.vanschaik@foeeurope.org

Ricardo Navarro, Director of Friends of the Earth El Salvador: + 503 78 887 567 or email foeelsalvador@hotmail.com

Irhash Ahmady, Friends of the Earth Indonesia: +62-81572222066 orirhaz@walhi.or.id

Or visit http://www.foei.org/what-we-do/towards-binding-treaty-transnational-corporations-human-rights ; http://www.treatymovement.com/; http://www.stopcorporateimpunity.org and http://www.radiomundoreal.fm/basta-de-impunidad-corporativa-258

NOTES

[1] The open ended intergovernmental working group’s mandate as defined by United Nations Human Rights Council resolution 26/9 http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G14/082/52/PDF/G1408252.pdf?OpenElement

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Pledge not to use Reflex paper made from Australian native forests

robyn July 2, 2015

Friends of the Earth Adelaide have joined the 2,037 organisations who have pledged not to buy Reflex paper until they stop destroying native forests to make it.

Our comment: The decimation of Australian native forests has to stop. Our climate and native animals deserve more. Shame on you Reflex, source your wood from plantations.

Sign the pledge here.

Source ethical paper from this list.

Oxford University has found one of the most effective way to combat climate change is to plant more trees – companies like Reflex need to be planting plantation wood for their future products.

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FoE at Students of Sustainability next week

robyn July 1, 2015

Fair Food Adelaide’s Kim Hill is delivering two workshops at next week’s Students of Sustainability conference at Flinders University – “The End of Agriculture” on Thursday 10th and “Edible Weed Walk” on Satuday 11th. Clean Future Collective’s Dr Philip Smith is delivering a nuke free workshop on Friday with FoE Australia’s Dr Jim Green.

Come and say hi at our FOE stall on Saturday – incorporating Fair Food Adelaide, March Against Monsanto and the Clean Futures Collective with a focus on the nuclear royal commission.

Details here.

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