EU proposal for investor-to-state dispute settlement (ISDS) in TTIP does not hit the heart of the ISDS-problem

On 23 July 2020 a global network of NGOs working to strengthen corporate accountability for environmental destruction and human rights abuses, including Both ENDS, published an open letter to European Commission DG Justice Commissioner Reynders. The letter is a response to his recent commitment to propose legislation in 2021 on both corporate due diligence and directors’ duties as part of an initiative on sustainable corporate governance.

Countries could be facing a wave of cases from transnational corporations suing governments over actions taken to respond to the Covid pandemic using a system known as investor-state dispute settlement, or ISDS. Cases could arise from actions that many governments have taken to save lives, stem the pandemic, protect jobs, counter economic disaster and ensure peoples' basic needs are met. Threats of cases have already been made in Peru over the suspension of charging on toll roads, and law firms are actively advising corporations of the options open to them. 630 organisations from across the world, representing hundreds of millions of people, are calling on governments in an open letter to urgently take action to shut down this threat. The letter below is published today.

Amsterdam, Copenhagen 22 June 2020 – In these times of increasing climate crisis, corporate social responsibility also means that investments in fossil gas must be phased out as quickly as possible. In a world in which a maximum temperature rise of 1.5 Celsius is the norm, fossil gas cannot be a 'transition fuel' towards sustainable energy. This is the message from five European environmental organisations (Both ENDS, the Danish AnsvarligFremtid, Fossil Free Sweden, Fossil Free Berlin and the Italian Re:Common) to pension funds in their countries that still invest in fossil gas companies. They are promoting that message with a new campaign called "Gas Free Pensions", which is being launched today.

In September 2019, the streets of Jakarta were filled with angry demonstrators protesting against the Omnibus Employment Law. The law will ease the rules for mining, make it much more difficult to hold companies liable for criminal acts and severely restrict the power of the national anti-corruption committee. At the moment, such protests are completely impossible in Indonesia because of the COVID-19 crisis and the associated lockdown measures. And Indonesian people already had few other means of exerting influence on decision-making and legislative processes.

Last Friday, 29 May, it was announced that both the Fair, Green and Global Alliance (FGG) and the Global Alliance for Green and Gender Action (GAGGA) have been selected as two of the 20 potential strategic partnerships of the Dutch Ministry of Foreign Affairs for the 2021-2025 period. Both ENDS is pleased that the Dutch government is seriously considering extending its support to these networks, as they show that cooperation on the basis of equality between grassroots organisations and NGOs throughout the world can continue to bring about change in the position of women, in respect for human rights and in making trade chains and financing systems sustainable.

The Rio de la Plata Basin in South America extends across Argentina, Bolivia, Brazil, Paraguay and Uruguay. The livelihoods of the millions of people who live there – city-dwellers, small farmers and fishers, and indigenous peoples – are under pressure from soya cultivation, mining and logging, and by the construction of dams and ports. The COVID-19 crisis is making the situation even worse.

"The Covid-19 crisis is affecting everyone, but in different ways. In some countries, people are feeling the consequences less than in others, in cities the problems are completely different to in the countryside, and men are suffering from the restrictions totally differently to women. Some of the organisations that we work with in Latin America talked to rural women about the effects of the crisis on their everyday lives and what they are doing to keep their heads above water. Below is a small selection from these conversations (freely translated from Spanish) to give some idea of the situation women in remote areas are finding themselves in, of the enormous solidarity they are experiencing and of the solutions, which largely lie in stimulating local food production." - Danielle Hirsch

Communities in the Niger Delta have been affected by air and water pollution due to Shell's activities for decades. This year, at Royal Dutch Shell's annual meeting, Kebetkache Women's Resource and Development Centre held Shell accountable for the consequences of their activities. Clean-up of oil spillages and ending gas flaring is becoming even more urgent in the fight against COVID-19, in which clean water is crucial to prevent the spread of the virus.

On Monday 11 May, at the government's request, the Advisory Council on International Affairs (AIV) published an emergency advisory report on how the Netherlands can make an effective contribution to the worldwide fight against the Corona virus. Together with companies, scientists and environmental, human rights and development organisations, Both ENDS is today presenting a response to this report, in which we make a number of suggestions for investing in countries and people with insufficient resources to tackle the crisis effectively.

You can't eat gold, copper and gas

"The virus is spreading quicker than the information" – that was the first we heard in the Netherlands about COVID-19 in many African countries and the measures they were taking to tackle it. While states of emergency were announced, borders were closed and we saw image after image of violent police and army responses, many people outside the big cities did not know that what was going on. When the situation became clearer, serious concerns arose about the consequences of the measures that had been taken: the informal economy coming to a standstill, food shortages and internal migration flows.

By Daniëlle Hirsch and Maria van der Heijden
The social debate on the Netherlands' role in the global economic crisis is now in full swing. At the centre of the debate is the question: how can we compensate for the setbacks affecting the Dutch economy without losing sight of efforts to make international trade and production chains more sustainable? We – Both ENDS and MVO Nederland (CSR Netherlands) – are particularly concerned about what we hear in these discussions about human rights, climate and the environment. That these are 'luxury problems' which we have no time to address at this time of crisis. And this, while the Corona crisis is showing us just how closely our current economy is irrevocably intertwined with the pollution of the planet and is making people all around the world more and more vulnerable. In short, we have to make our economy more resilient to such shocks. And that means committing ourselves to achieving the Sustainable Development Goals (SDGs) and the goals of the Paris climate agreement. We therefore address ourselves first and foremost to the government.

The value of ABP's pension fund investments in fossil fuel companies has fallen by  44% from end of last year to its lowest point on March 16 this year, while the value of the rest of the portfolio decreased by 26%. This impact can be seen in simulations based on the publicly available equity portfolios of Dutch pension funds ABP and Zorg en Welzijn (PFZW), carried out by research agency Profundo on behalf of Both ENDS. The simulations show that the risks of investing in the fossil fuel sector are increasing.

Today the Netherlands is celebrating freedom. Our freedom goes further than living in peace. We have the freedom to discuss policy to our hearts’ content on, for example, ending the lockdown on television, in the press and on social media. We can do that freely because we know that our rights to freedom of expression are well protected. But how different that is in countries where authoritarian leaders are grasping the crisis as an excuse to throw these rights out with the trash and rule with an iron hand.

COVID-19is placing our economy under a magnifying glass. Now that a large part of global trade has come to a standstill, the tension between international economic activity and local well-being is becoming more visible. That is very clear in northern Mozambique, where one of the world’s largest gas fields was discovered in 2011. Dutch companies are investing in the processing and transport of the gas.

The world is turned upside down in this pandemic. Ordinary life is disrupted on our end. Many people suffer from the ‘polder lockdown’, although fortunately we have enough resilience and safety nets to meet our most urgent needs. Unfortunately, outside the Netherlands this all too often lacking. Especially in countries where public health structures are weak and where people are in a total lockdown. Because local communities that are shackled today may be hungry tomorrow. And aid and money does not naturally flow to the most vulnerable citizens there. So extra financial support is urgent.

In this time of crisis-driven reflection we can read telling analyses of past and present on all sides which are being translated into agendas for action. Many of the analyses address issues like inequality, climate, the financial sector, health care, education and women’s rights. They talk about ‘what’ and much less about ‘who’ or ‘how’.But a different future can only be built together with everyone, young and old, men and women. This future will not simply happen to us; we ourselves have a hand in it. It is time for new faces around the table, with new voices. It is time for a new future.

After Dutch Minister of Finance Wopke Hoekstra had brought the fury of the Southern European countries down on his head on 26 March by blocking the European emergency fund, the Dutch were suddenly 'small-minded and selfish‘ (Parool) and we should ‘go on holiday somewhere else‘ (RTL News). The tone was set. The difficulties encountered in making agreements on support at European level contrast sharply with the speed with which the welcome support measures for employers, entrepreneurs and companies had been announced in the Netherlands two weeks earlier. We have learned nothing from our own past, while everyone benefits from greater priority for solidarity.

The World Trade Organization (WTO) is often seen as an institution in crisis, powerless and no longer relevant, and especially after US president Donald Trump decided in 2019 to pull the plug on one of the WTO’s most important bodies (the one dealing with trade disputes). Now, more than 150 civil society organisations, networks and interest groups from around the world have signed an urgent letter to WTO Director General Roberto Azevedo, because they are seriously concerned about the state of affairs within the organization.