Rwanda’s Economic Success Keeps Western Scrutiny About Human Rights Abuses at Bay

What left many grumbling at the 26th meeting of the Conference of Parties (COP26) held in November in Glasgow was rich countries like the United States and those in the European Union striking down the Glasgow Loss and Damage Facility, a body created to address how to compensate developing countries for climate change-related losses and damages. Wealthy countries have been found to be most responsible for causing the climate crisis and face litigation as well as ensuing liabilities and payouts. 

But the demand to recognize loss and damage remains alive. A good indication being many climate-vulnerable developing countries have referenced loss and damage in their Nationally Determined Contributions (NDCs). Under the 2015 Paris Agreement, countries are required to submit NDCs to detail their national action to address global climate change, including steps to adapt to a changing climate and the form of financial assistance needed to undertake such action. 

Small-Income and Developing Countries Hard Hit

A report published in October, 2021 found one-third of the 250 NDCs that were analyzed explicitly mentioned loss and damage. Most were from small-island developing states and least developed countries in the Asia-Pacific, Latin America and the Caribbean. The report was supported by the European Research Council’s Politics of Climate Change Loss and Damage (CCLAD) project. 

“NDCs are political documents and not just technical submissions [under the Paris Agreement],” said Elisa Calliari, a co-author of the report. 

Developed countries tend to focus on mitigation action, like the deployment of renewable energy. But that hasn’t been the case for the majority of the world’s states.

“Developing countries have pushed hard for the inclusion of adaptation in NDCs because, for them, this is more of a priority than mitigation,” Calliari pointed out. “So you can see the politics.”

For people living in an island nation like Sri Lanka, “key loss and damage impacts are felt in food systems and other vulnerable sectors, like the coastal and marine sector and water resources. These impacts have already resulted in migration interlinked with or induced by climate change among vulnerable communities,” said Vositha Wijenayake, executive director of the SLYCAN Trust, a non-profit think tank working in Asia, Africa and Europe. Its work focuses on climate change, biodiversity and ecosystems, sustainable development, and social justice. 

Sri Lanka is classified as a lower-middle income/developing country. Given that it is also an island, its exposure to climate-related risks is high. These two factors make it extremely vulnerable to climate impacts and the ability to withstand them.

So, Wijenayake added, it is important for countries most vulnerable to climate change that loss and damage is a “key component” in addressing climate change processes, both negotiations and climate action. And this is why Sri Lanka was among the first countries to have a separate section allocated to loss and damage commitments included in its first NDCs submitted in September 2016. Building on this, the updated NDC of Sri Lanka submitted last July includes a separate section on loss and damage.

Interestingly, the report says upper-income countries like Costa Rica, Chile and Uruguay also have cited loss and damage in their NDCs. 

And outside of NDCs, many developing countries have explicitly stated loss- and damage-related demands. For instance, consider India’s environment ministry laying out ahead of COP26, “There should be a compensation for expenses incurred, and it should be borne by developed nations.”

How to Fund Loss and Damage

A question that usually rears its head with respect to addressing loss and damage is how to “operationalize” it, or what processes and institutions could be set up at the global and national levels to address loss and damage. 

“[One way would be] to look at NDCs for a bottom-up approach to understand how countries themselves are looking at loss and damage,” Calliari said. 

Of the NDCs that explicitly mention loss and damage, around half specify loss- and damage-related responses and initiatives like data gathering, analysis and assessment, and institutional capacities to address loss and damage. For example, Sri Lanka’s NDC has a whole section on loss and damage. It mentions strengthening its weather and climate forecasting systems, plus improving data management to record loss and damage. Meanwhile, Honduras’ NDC puts forth a “gender-responsive agricultural insurance mechanism for loss and damage.”

Wijenayake also stressed “inclusive and participatory processes,” in which the voices of those vulnerable to climate change are taken into account in the national and international policy-making processes. As is “ground-level implementation,” she added. 

And so, country-specific NDCs could potentially be a good starting point to determine how to put mechanisms in place to address loss and damage on a global scale. 

Getting Polluting Countries to Pay

The other gap that exists today is how finance can be mobilized to fund efforts that compensate for climate change-related loss and damage. A recent study by the Stockholm Environment Institute offers potential solutions. 

The researchers propose finance should be provided based on the following:

• Solidarity,
• “polluter pays” principle that is based on “historical responsibility,” and 
• the established notion of “common but differentiated responsibilities and respective capabilities” (or CBDR-RC, for short) under the United Nations Framework Convention on Climate Change (UNFCCC). 

CBDR-RC means that while climate change is a shared concern, rich countries with a history of emitting carbon—like the United States and those in Europe—have a greater responsibility to take climate action than the poorer countries.  

The “polluter pays” principle has only been used to hold fossil fuel companies accountable for environmental destruction. It implies more strict liabilities than “historical responsibilities,” which outlines broad principles based on past emissions. 

The authors stress a combined approach that deploys the principles of solidarity, polluter pays and historical responsibility, as well as using the framework of CBDR-RC, to finance loss and damage. 

A strictly liability-based approach would be “politically infeasible and communities cannot wait for years to prove the liability,” said Zoha Shawoo, an associate scientist at the Stockholm Environment Institute as well as one of the authors of the SEI report. 

The research team also looked at methods of recovery and rehabilitation that communities would need after financing efforts to cover losses and damages. Those efforts can include planning the relocation of communities, assisting with migration and providing affected people with alternative livelihoods. Here, too, NDCs could help with granular details like national-level entities and processes that could assist local communities with issues like displacement and loss of livelihood. 

Rishika Pardikar is a freelance journalist in Bangalore, India. She had reported for Toward Freedom from COP26 in Glasgow.

Editor’s Note: This article was originally published by New Frame.

Zachariah Mokhothu, 49, was excited when he got his first job in mining. He is the eldest son and was the only breadwinner. He never imagined that working underground would change his life. As he gets into the car to head home to Kutlwanong township outside Odendaalsrus in the Free State, pieces of his wheelchair keep falling off.

“Is there anyone who used to work in mining who has a scrap of a wheelchair like this?” he asks casually as he sits in the car.

According to Statistics South Africa, the mining industry generated Rand 527.5 billion ($36 billion USD) in sales in 2019, with 16 commodities ranked in the top 10 internationally. South Africa is currently ranked fifth in the world for mining’s contribution to GDP and in the top three globally in terms of production.

While the industry continues to thrive, there are plenty of men like Mokhothu who pay for its success. During his 15-year career in mining, he got injured and contracted tuberculosis (TB) before his paralysis.

Mokhothu says he was pushing a wheelbarrow at work when he realised that his left arm had gone numb and he couldn’t move it. He went to the site manager and asked for his medical aid documents so he could go to the doctor. He was told his documents were missing and that he possibly didn’t sign for medical aid. “It is impossible that I didn’t sign for my medical aid when I know that anything can happen underground. Mining is dangerous,” he says.

Mokhothu’s relationship with his employer, Redpath Mining, deteriorated from the moment he walked to the hospital after being denied a company car to take him. He was alone there and a few days after a stroke had caused the numbness in his arm, the rest of his body followed.

Trickery and Denial

His mother Regina Mokhothu says it was difficult when he couldn’t move at all. “We got no support from the mine, not even a check-up. Luckily Zacharia still had medical aid from his former employer, so he went to a couple of physiotherapy sessions before it expired.

“My heart breaks when I see his situation and how the mine has treated him. He was the only breadwinner when he was working. The family didn’t want for anything. I’ve become too old to work. I used to be a domestic worker in the city.”

A Redpath mining representative said Mokhothu wasn’t injured on duty and that he wasn’t an employee yet when he had the stroke. “If he was injured on duty, the process would be to complete forms, send them to [insurance company] Rand Mutual, observe how severe the situation is and pay accordingly. Rand Mutual makes that decision.”

Mokhothu says he was tricked into signing a voluntary termination agreement and that he has a document to this effect. He also has a letter from Rand Mutual notifying him about his payments towards medical aid.

Mining Fatalities

More than 11,000 mineworkers died in South Africa between 1984 and 2005, according to the Department of Mineral Resources and Energy. The death toll from mining accidents was about 270 in 2003 and the department, Minerals Council South Africa and other industry stakeholders reached an agreement to reduce mining fatalities by 20 percent a year. There was an improvement from 2010 onwards, but fatalities have increased again in recent years.

Those who survive mining accidents, such as Thabani Tsokodibane, 56, tell of the lack of care and blatant disregard they experience at the hands of managers and employers when they are injured or fall ill. Tsokodibane had been working in the mining industry for more than a decade when he contracted TB at Harmony Gold’s Bambanani mine in Welkom in 2010.

He went to the clinic and was told he had drug-resistant TB. “I took my medicine every day. I was at the clinic daily for almost a year. At work, nobody said much to me or called to check. I thought everything was still in order. But when I went back to work, they said, ‘We have put somebody else in your shift, go home.’”

Disappointed and worried about providing for his wife and seven children, he applied for a job at another mine. But the human resources (HR) department told him in the final stages of the process that the mine could not employ him because his health tests had shown he was not fit to work underground. The TB had affected his lungs, leaving him with chronic breathing problems.

“My body has never been the same. I can build and do plumbing, which I used to do for extra income, but now I work slower because I just get weak,” says Tsokodibane. He says it is more difficult to breathe and he comes down with flu-like symptoms, including coughing every five minutes, that sometimes last for weeks. “I go to the clinic, get cough mixture and that’s all.”

‘Some Sort of Justice’

Mokhothu and Tsokodibane hope to receive compensation from their respective former employers through the Tshiamiso Trust. They are hopeful that, after a long wait, they will get some sort of justice for the effects of mining on their bodies and would like more than monetary compensation.

Mokhothu says he is most frustrated with how his employer treated him. “I was tricked. After years, I got a letter from [medical insurance company] Discovery about the payments that were deducted from my salary, which means they hid my medical aid from me. I think it’s because they wanted to deny that I had the stroke at work. Mines are very good at denying responsibility. Even with TB, you will be asked if you have proof that you got it from work.

“I have a diploma in secretarial services from Standford college. I thought I could do admin at the mine and the HR person came and said he can give me light duty, I should just sign. But when I read the document, it was a voluntary termination agreement. I refused to sign and was very angry that they tried to trick me like that.”

Mokhothu wants to run his own business one day. He lives with his mother, apart from his wife and children who live in another township, because the roads in Kutlwanong are easier to navigate in a wheelchair; it doesn’t get stuck in the mud. He takes taxies to the hospital, to collect his grant or to submit documents at the Tshiamiso Trust offices and it is hard.

“I never wanted to be a miner. I wasn’t finding a job with my diploma and the opportunity came up. I regret being part of this industry where people see you get hurt in the line of duty, on their premises, and refuse to take responsibility. It’s as if I put myself in this wheelchair.”

Harmony Gold spokesperson Moeketsi Maloeli said: “All employees have a choice on whether to take medical aid or not. If they happen to fall sick without medical aid, there are health hubs with state-of-the-art equipment, some are even better than government hospitals. A miner can go there until they get well.”

Editor’s Note: This article originally appeared in Peoples Dispatch.

The Communist Party of Swaziland (CPS) reported on February 28 that the police force of Africa’s last absolute monarchy has shot and disappeared one of their members, Mvuselelo Mkhabela, age 21. “Comrade Mvuselelo was badly shot at and dragged to the police van helplessly and his whereabouts and condition is unknown and the armed to teeth police force continued its attacks to the protesting community,” CPS tweeted. Reportedly this abduction happened at around 13:00h (local time) on February 28.

This latest act of violence by the Swaziland police force comes amid an uptick in police repression of recent protests against the “farcical” parliamentary elections. CPS claims that the elections are a farce because the parliament itself is under the control of the monarchy, so the electoral process constitutes “a tool used by the absolute monarchy to sanctify King Mswati’s decision.” Mvuselelo himself was arrested and tortured earlier this month for protesting these elections, which are set to occur this August. Shortly after his arrest, Mvuselelo told Peoples Dispatch, “Often, when [police] invade communities, there is no one to defend the family or the individual from the wrath of the regime. This cannot go on.” Mvuselelo was abducted today in one such police invasion.

Communists in Swaziland have been involved in a struggle against the monarchy for decades. In recent months, the regime led by King Mswati III has intensified attacks against pro-democracy activists, including the assassination of human rights lawyer Thulani Maseko, threats against union leader Sticks Nkambule, torture of union leader Mbhekeni Dlamini, and more.

“Mvuselelo’s consciousness and commitment to the just course of the people of Swaziland fighting for democracy in the face of a militarized system of oppression presided by Mswati and his political elites remains unwavering,” CPS wrote in a tweet.