Fernando Hernandez Espino

On December 6, the visit of European Commission President Ursula von der Leyen to the Mercosur Summit sealed the agreement on the final text of the EU-Mercosur Association Agreement. Both ENDS condemns this damaging agreement for undermining human rights, the environment, and democracy in Europe, and in Mercosur countries. Should the agreement be ratified as it stands, it will have devastating consequences for the environment, indigenous communities, family farming and small-scale farmers on both sides of the Atlantic.

At the core of the Fair, Green, and Global (FGG) Alliance’s mission is the commitment to building a just and sustainable world. As members of this alliance, Both ENDS, SOMO, and the Transnational Institute (TNI) recognise the urgent need to reimagine global investment frameworks. These frameworks, entrenched in outdated treaties such as Bilateral Investment Treaties (BITs) and the Energy Charter Treaty (ECT), often prioritise corporate profits over human rights, environmental sustainability, and social justice.

The government of Kenya has officially terminated its bilateral investment treaty (BIT) with the Netherlands, marking a significant win for economic justice and environmental protection. Kenya’s decision reflects a growing global trend of rethinking outdated treaties that often prioritize corporate interests over public welfare. The Dutch Minister for Foreign Trade and Development recently confirmed that Kenya unilaterally ended the treaty in December 2023, rendering it inoperative from 11 June 2024. Kenya now joins South Africa, Tanzania, and Burkina Faso as the fourth African country to terminate its BIT with the Netherlands. 

The European Union's decision to exit the Energy Charter Treaty (ECT) is a landmark victory for climate action. For years, the ECT's Investor-State Dispute Settlement (ISDS) mechanism has enabled fossil fuel companies to challenge climate policies, hindering progress towards sustainability.

Silencing the Voices of Environmental Defenders

Together with environmental justice groups from the Global South, Both ENDS works towards a sustainable, fair and inclusive world. In recent years, our partners have become increasingly threatened, intimidated, violated, imprisoned, and even murdered as a result of their environmental and human rights activities. Our advocacy partners face repressive reprisals for speaking out against environmentally destructive initiatives and denouncing human rights abuses of companies and governments, whilst the communities they support are subjected to violence for simply acting out of necessity to protect their lives, land, territories, and communities from harm.

On 23 May, the Netherlands celebrates 60 years of bilateral investment treaties (BITs). The first BIT was signed with Tunisia in 1963. These treaties were intended to make an important contribution to protecting foreign investments by Dutch companies. A study by SOMO, Both ENDS and the Transnational Institute (TNI), however, shows that in practice they mainly give multinationals a powerful instrument that has far-reaching consequences people and the environment worldwide.

The decision of Minister for Climate and Energy Rob Jetten to withdraw from the Energy Charter Treaty (ECT) is good news for the energy transition in the Netherlands and beyond. Governments of countries that are party to this treaty can therefore shape the transition to sustainable energy without having to fear claims by Dutch-based businesses.

89 NGOs and farmers' organisations from Indonesia, the EU and around the world sent open letters to the EU Commission and the Indonesian government today, calling on them to refrain from any clause that restrict farmers' rights in a future free trade agreement.