Boskalis doesn’t have to share documents on controversial project; fishing communities will not get crucial information
18 september - The court in Rotterdam today ruled that Dutch dredging company Boskalis does not have to make information on the social and environmental risks of its sand extraction operations in the coastal zone near Makassar, Indonesia, available to local fishing communities affected by the activities. Environmental and human rights organisation Both ENDS had initiated legal action against the company. The court declared Both ENDS inadmissible and did not consider the case. Both ENDS brought the action on behalf of Indonesian fishing communities after Boskalis had rejected repeated requests to provide information on the impact of its activities.
The fishing communities have lived on the yield from their fishing grounds for many generations. The activities carried out by Boskalis are having such an impact on the fishing grounds that these families are losing their livelihoods.
The court was not convinced that Both ENDS is the right organisation to protect the fishers' interests, as the case is primarily about economic interests. "Both ENDS focuses precisely on the link between environment, human rights and poverty, the core of sustainable development,' says Niels Hazekamp of Both ENDS. "It has devoted itself for more than thirty years to protecting the natural resources on which millions of people worldwide directly depend for their livelihoods. And we have been working together with local groups for four years to defend the interests of the fishing communities around Makassar against the harmful impact of large-scale infrastructure projects."
In its ruling, the court refers to a recent change in the law that imposes stricter rules on organisations that defend the interests of other parties, like the Indonesian fishers. It concluded that Both ENDS does not meet these stricter requirements and that this case does not have sufficient points of contact to be considered under Dutch law.
"If this is indeed the implication of this this change in the law, it is extremely worrying," says human rights lawyer Channa Samkalden, who is assisting Both ENDS with this case. "The intention of the legislation was to combat shady claims, not to make it more difficult for NGOs like Both ENDS to defend the interests of foreign victims of human rights violations."
Dialogue and follow-up steps
"Fishing communities in Makassar have been left empty-handed," says Hazekamp. "They need the information they requested to be able to defend their rights. This ruling is extremely disappointing. We repeat our call for Boskalis to enter into dialogue with the fisher folk before the activities are completed."
Both ENDS is consulting with its partners in Indonesia and the fisher folk on what follow-up steps to take in Indonesia and the Netherlands.
For more information
Read more about this subject
Press release / 1 September 2020
Both ENDS brings legal action against Dutch dredging company on behalf of fisherfolk in South Sulawesi
Environment and human rights organisation Both ENDS is bringing legal action against Boskalis, after the Dutch dredging company continually ignored requests for information on a controversial sand extraction project in South Sulawesi, Indonesia. Boskalis is extracting sand off the coast of Sulawesi for expansion of the port in the capital, Makassar. The extraction activities are affecting fishing grounds, making it impossible for local fisherfolk to earn their livelihoods.
News / 9 December 2019
At the end of November, the organisations WALHI South Sulawesi (part of Friends of the Earth) and Both ENDS filed a formal complaint with the Dutch export credit agency Atradius DSB. Despite the warnings from local communities for the negative consequences of a land reclamation project in the bay of Makassar, Atradius DSB advised the Dutch government to provide dredging company Boskalis with insurance for the execution of the project. The consequences for the fish stock, the beach and the lives of thousands of small-scale fishing communities are severe. Atradius DSB has not sufficiently investigated these harmful consequences beforehand.
Press release / 19 May 2021
Amsterdam, 19 May 2021 – On 25 March, a day after violent attacks in northern Mozambique, the Dutch state decided to provide dredging company Van Oord with export credit insurance worth 900 million euros for its activities in the country. The company is conducting dredging operations for a highly controversial gas project that, according to Mozambican interest groups, is playing a prominent role in the escalating violence in the region. Civil society organisations Both ENDS, Milieudefensie and Oil Change International and their Mozambican partners are alarmed about the situation and have called the Dutch government and Dutch export credit agency Atradius DSB to account.
Elections are soon to be held in the Netherlands. The political parties are sharpening their knives and have outlined their plans in hefty manifestos. Not surprisingly, they mainly focus on domestic issues. International themes are primarily addressed in terms of opportunities for Dutch companies and threats in areas like health, privacy and competition that we need to protect ourselves against. But if we want to make the Netherlands sustainable, we especially need to look at our footprint beyond our own borders and make every effort to reduce it. In the weeks leading up to the elections, Both ENDS looks at where the parties' manifestos offer opportunities to achieve that.
News / 21 July 2020
At the end of last week, oil and gas company Total announced that, through its export credit insurer Atradius DSB, the Dutch government is participating in a funding package for a controversial gas extraction project in Mozambique. The project, in which various Dutch and foreign companies are involved, is having a deep impact on the local population and the natural environment in the area. Which Dutch companies the government will be insuring is not yet clear.
News / 14 March 2021
A number of our colleagues at Both ENDS made a lot of noise at various locations around the country today, as part of the national Klimaatalarm (Climate Alarm) campaign. Annelieke Douma gave a short speech in Haarlem on the major role played by the Netherlands in climate change and environmental degradation beyond our borders. She made a number of suggestions that would immediately make Dutch foreign policy a lot more climate-friendly. Below is the text of her speech.
News / 12 July 2021
At the beginning of this year, the Dutch government provided Dutch companies with export insurance worth 903 million euros to enable them to participate in a gigantic natural gas project in the north of Mozambique. Together with partners from Mozambique and the Netherlands, Both ENDS has been conducting a dialogue with export credit agency Atradius DSB and the responsible Ministries of Finance and Foreign Affairs on the possible financial, environmental and social risks of the gas project.
Press release / 26 August 2020
Dutch pension money is invested heavily in companies that contribute to deforestation in the Amazon region and the Cerrado savanna in Brazil, such as soy, animal feed and beef companies. This is concluded in a report published today by Profundo, commisioned by the Fair Finance Guide, Hivos and Both ENDS. All ten pension funds that were examined invest in these types of companies, with the ABP pension fund and Pensioenfonds Zorg en Welzijn on top with investments worth EUR 580 million and EUR 383 million respectively.
Publication / 26 August 2020
News / 15 March 2021
In 2015, the United Nations instigated the Sustainable Development Goals (SDGs). These seventeen interrelated goals are intended to result, by 2030, in a better, fairer and more sustainable world in which no one is left behind. As a member of the UN, the Netherlands is committed to promote the SDGs and every year Statistics Netherlands (CBS) and the central government publish reports on the progress made. The initiators of 'SDG Spotlight Nederland' however believe that there is a need for an annual report on the Netherlands' performance on specific SDGs from a different perspective. Fiona Dragstra and Stefan Schuller of Both ENDS contributed to the report on 2020 and tell us here why they think it is so important.
Blog / 16 June 2020
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.
News / 27 November 2020
Next week, the climate case brought against Royal Dutch Shell by Dutch environmental organisation Milieudefensie is due to start. Milieudefensie hopes to force the company to stop causing dangerous climate change and adopt a more sustainable course. Six Dutch organisations have decided to become co-plaintiffs in the case. They include ActionAid and Both ENDS, organisations that work outside the Netherlands on human rights, gender equality, environment and sustainable development. Though, at first glance, the case may not seem relevant to them, nothing is farther from the truth, as Nils Mollema of ActionAid and Niels Hazekamp of Both ENDS explain.
News / 31 October 2019
Earlier this month, we learned that Golfrid Siregar, an Indonesian environmental lawyer working for our partner organisation WALHI died under suspicious circumstances. We call for a thorough and transparent investigation and have brought the case to the attention of the Indonesian embassy in The Hague and to the Netherlands' embassy in Jakarta.
News / 19 October 2020
Both ENDS together with 13 other Dutch NGOs and trade unions have written to the Dutch Minister for Foreign Trade and Development Cooperation to express their deep concerns over the hasty approval of the so-called Omnibus Law on Job Creation by the Indonesian parliament.
Indigenous communities in Paraguay saw their attempts to regain their ancestral lands thwarted by German investors. In Indonesia, US-based mining companies succeeded to roll back new laws that were meant to boost the country’s economic development and protect its forests. This is the level of impact that investment treaties can have on social, environmental and economic development and rights. Why? Because of the ‘Investor-to-State Dispute Settlement’ clauses that are included in many such treaties.
News / 22 April 2013
Between 2010 and 2013, Both ENDS, within an alliance of Indonesian and Dutch organisations and universities, conducted a pilot project to improve the spatial planning in the district of Sanggau in West-Kalimantan, on the island of Borneo, Indonesia, to help local communities with the recognition of their land rights. We can show you a beautiful documentary about one of the villages in this district, Terusan.
News / 4 May 2021
Today, two independent experts brought out a legal opinion on the obligations of countries and their export credit agencies under international law in relation to export support for fossil fuels. According to the report, emissions by fossil fuels and the related infrastructure need to be reduced urgently.
News / 8 November 2021
Today, the Netherlands announced that it will join a leading group of countries, including the United States, Canada and Italy, which declared that they would stop international support for fossil energy projects. At the day of the launch of the declaration at the climate summit in Glasgow on the 4th of November, the Netherlands had no intention of joining, but because of pressure from civil society and political parties, the responsible ministries decided to sign after all. Both ENDS, together with organizations at home and abroad, has been pushing for this for years, and we are very happy with this step. We will of course continue to monitor developments.
Publication / 4 November 2009
News / 24 October 2021
On Friday October 22nd, six staff members of our partner organisation Africa Institute of Energy Governance (AFIEGO), including its director Dickens Kamugisha, were arrested in Kampala, Uganda. AFIEGO is one of four Ugandan organisations involved in several legal cases against the oil project, including the one against TotalEnergies in France and in the East African Court of Justice.