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.
"The fisherfolk feel that they are being ignored, as they have been given no information about the social, economic and environmental risks of the project or been involved in decision-making around its implementation," says Niels Hazekamp of Both ENDS. "Together with our local partner WALHI South Sulawesi, we have been urging Boskalis for a year to enter into dialogue with the fishermen and to provide basic information, such as the environmental impact assessment. That is compulsory under the law and under international standards that Boskalis itself claims to endorse. Unfortunately, the company does not comply with our requests, leaving us no other choice than to take them to court."
Through the legal action, Both ENDS wants the court to order Boskalis to provide information on the project, including the social and environmental risks. "This information will provide an insight into the risks that the project poses for the fishermen," says Hazekamp. "That will give them a more equal position and allow them to defend their rights."
As far as is known, this is the first time that a Dutch court has been asked to rule on whether a Dutch company active abroad can be obliged to provide information to direct stakeholders if their rights are being violated.
Focus on dialogue
With no dialogue and no information being provided, local tensions are rising rapidly. In recent months a group of around 1,000 fisherfolk have been protesting against the activities of the Boskalis ship Queen of the Netherlands. Both ENDS is concerned about the danger of escalation and condemns violence in any form. The organisation continues to urge Boskalis to engage in a peaceful and constructive dialogue, for which all stakeholders need to be well informed.
Fisherfolk were also excluded from a previous Boskalis sand extraction project in South Sulawesi. That led to a decline in catch of up to 80% for some of the fishing communities and erosion of the coast, resulting in a cemetery and a number of houses disappearing into the sea. Through this legal action, Both ENDS aims to improve the position of the fisherfolk in the current project. It also hopes that the case will bring clarity on companies' obligations to operate transparently and to provide information to local communities confronted with the consequences of their activities.
The case will be heard on Wednesday 2 September in de court of Rotterdam.
Article on previous Boskalis project in Makassar (December 2019)
For more information
Read more about this subject
Press release / 18 September 2020
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.
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.
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.
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 / 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.
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 / 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.
Publication / 4 November 2009
In 2011 one of the world’s largest gas reserves was found in the coastal province of Cabo Delgado, in the north of Mozambique. A total of 35 billion dollars has been invested to extract the gas. Dozens of multinationals and financiers are involved in these rapid developments. It is very difficult for the people living in Cabo Delgado to exert influence on the plans and activities, while they experience the negative consequences. With the arrival of these companies, they are losing their land.
News / 30 November 2016
Atradius Dutch State Business (Atradius DSB) remains responsible for observing social, environmental and human rights, also after providing export credit insurance. That is the conclusion of the Dutch National Contact Point (NCP) for the OECD Guidelines in its final statement, which was published today. Both ENDS issued a press release about this.
Press release / 12 February 2019
Amsterdam, 12 February 2019 - Fossil fuel giant Royal Dutch Shell is facing legal action from environmental and human rights organisations if it fails to align its growth plans with global climate goals aimed at averting catastrophic global warming.
News / 18 June 2019
Open letter from more than 340 organisations: EU must stop negotiating treaty with South American countries.
Today, more than 340 organisations from both South America and Europe, including Both ENDS, have sent a joint open letter to European Union leaders calling for the EU to cease negotiations on the EU-Mercosur Free Trade Agreement. The organisations and their constituencies are seriously concerned about increasing violations of indigenous human rights and damage to nature and the environment in Brazil.
Publication / 8 May 2019
Publication / 7 November 2018
Blog / 29 January 2018By Michael Rice
Pak Japin is a quiet, slim, and softly-spoken man from the village of Silat Hulu, West Kalimantan, Indonesia. I met him at a recent documentary screening in Bali on the fringe of the Round Table for Sustainable Palm Oil (RSPO) annual conference, where he spoke about his community's nine year-long conflict with palm oil company Golden Agri Resources Ltd (GAR).