One year of the German Supply Chain Act in action – ECCHR annual report is out
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ANNUAL REPORT. NO GERMAN ARMS TO ISRAEL. BAYER’S TOXIC BUSINESS

MAY 2024 | NEWSLETTER 97

ECCHR just released its 2023 Annual Report, this year with a focus on the German Supply Chain Act. To launch the report, we invited Dr. Bärbel Kofler, Parliamentary State Secretary to the Federal Minister for Economic Cooperation and Development, and our long-standing partner Nasir Mansoor, Head of the Pakistani National Trade Union Federation, to discuss the significance of this law and its potential impact on human rights in the Global South.

In April, we filed a lawsuit that aims to stop German arms exports to Israel, in response to the unprecedented number of civilians killed in Gaza. We also filed a complaint against Bayer for the destructive effects of its soy seed and agrochemical business. Finally, the proceedings against civilian sea rescuers in Italy have been discontinued – with all defendants acquitted. Learn about these cases, among others, in this newsletter.


The ECCHR Team

From left to right: Miriam Saage-Maaß, Bärbel Kofler and Nasir Mansoor at the ECCHR 2023 Annual Report launch. © ECCHR

ECCHR 2023 Annual Report: The long road from voluntary to mandatory corporate responsibility

For the launch of ECCHR’s annual report, Dr. Bärbel Kofler and Nasir Mansoor joined ECCHR Legal Director Miriam Saage-Maaß to discuss the effects of the German Supply Chain Act, a year after its entry into force in 2023. A long-time advocate at the national level for binding human rights standards for businesses, Dr. Kofler spoke of the difficult journey from voluntary to mandatory human rights due diligence. She emphasized how the law is historic because companies in Germany are now required to actively examine their supply chains and ensure that they are free of human rights violations. Nasir Mansoor pointed out that after more than 40 years of trade union struggles, with countless strikes and arrests, he could finally meet face to face with representatives of the European companies that profit from the exploitation and endangerment of workers in the textile industry in Pakistan – thanks to this law. He insisted that such violations remain life-or-death issues for workers in the Global South, but now corporations in the North cannot profit from them without facing public scrutiny.


While the law marks a milestone in ECCHR’s long fight for corporate accountability, our report also addresses the range of its shortcomings, some of which will hopefully be remedied through the EU Parliament’s adoption on 24 April of the EU-wide human rights due diligence law – now awaiting final approval (more in our next newsletter).


Read ECCHR 2023 Annual Report

BUSINESS AND HUMAN RIGHTS

Agribusiness has encroached significantly on the land of small farmers in Paraguay. © BASE-IS

Complaint against Bayer’s toxic business in South America

On 25 April, ECCHR jointly filed a complaint with the Centro de Estudios Legales y Sociales, Terra de Direitos, BASE-IS, Fundación TIERRA and Misereor, calling on Bayer AG to make effective changes to its business model in South America. After its 2018 merger with Monsanto, Bayer has become a major force in the global pesticide and seed market, profiting immensely from the expansion of soybean cultivation, particularly in Argentina, Brazil, Paraguay and Bolivia. The sale of Bayer’s “technology package,” combining toxic glyphosate-based pesticides with genetically modified soy seeds that are resistant to them, brings the company multimillion dollar revenues, while causing severe health problems and ecological devastation in these countries.

The complaint, filed with the Organization for Economic Cooperation and Development (OECD), alleges that Bayer is in violation of the OECD Guidelines for Multinational Enterprises by promoting an agricultural model that leads to food and water shortages, pollution, massive deforestation, biodiversity loss, negative health impacts and land conflicts with indigenous communities. The organizations demand that Bayer implement due diligence policies to adequately address the actual and potential negative impacts of its products on the rights of local communities and the environment.


More about the case

No compensation for mining firm in Romanian goldmine dispute

After residents in Roșia Montană successfully fought to prevent the construction of Europe's largest goldmine – and its potentially devastating pollution – the Canadian mining company Gabriel Resources later filed compensation claims for $4.4 billion against Romania with the International Centre for Settlement of Investment Disputes (ICSID). But on 8 March 2024, these claims were rejected, and Gabriel Resources was forced to reimburse Romania for the arbitration costs. The organizations Alburnus Maior, ICDER and Greenpeace Romania, along with ClientEarth and ECCHR, welcome this decision. They now call on the ICSID to publish the ruling to bring transparency to such proceedings – and to warn of the potential for ISDS procedures to threaten national regulations carried out in the public interest.

More about the case

INTERNATIONAL CRIMES AND ACCOUNTABILITY

ECCHR sues to stop German arms exports to Israel

On 11 April, ECCHR, together with the Palestinian human rights organizations PCHR, Al Mezan and Al Haq, filed a lawsuit against the German government with the Berlin Administrative Court. On behalf of five Palestinians living in the Gaza Strip whose family members were killed in Israeli rocket attacks, the lawsuit seeks to suspend German export licenses for weapons shipments to Israel. The tremendous number of civilians killed and the daily death rate in Gaza are a cause of grave concern worldwide, indicating apparent violations of international humanitarian law and possible international crimes committed by the Israeli military. Germany is currently the second-largest arms provider to Israel after the US. The lawsuit alleges that by continuing arms exports to Israel, there are grounds to believe that Germany is violating its obligations under international law, including the EU Common Position on Arms Export Control, the Arms Trade Treaty, the Genocide Convention, the Geneva Conventions and human rights law.


More about the case

More about our work on arms exports

“Saving lives at sea is not a crime. Period.” – Defendants cleared in Iuventa case

On 19 April, the Italian Court of Trapani delivered a landmark ruling in the Iuventa case. After seven arduous years of investigations and preliminary proceedings, squandering roughly €3 million euros in state funds, all defendants of the sea rescue crew have now been acquitted. These proceedings – the longest and most expensive against NGO search and rescue workers to date – are just one example of a larger, troubling trend of criminalization and repression in Europe against people on the move and those in solidarity with them. While the crew and our lawyers welcome the decision, they are also gravely concerned by irreparable harm caused by the case – thousands of deaths at sea could have been prevented. To avoid a recurrence of such cases in the future and to safeguard the rights of people on the move, the crew now calls to abolish the criminalization of the facilitation of migration, denouncing both the European "Facilitators' Package" and Article 12 of the Italian Consolidated Immigration Act.


More about the case

Watch the press conference

Containers and chemical waste in the soybean fields. Municipality of San Julián, Bolivia. May 2023. © Fundación TIERRA

Enforcing human rights up and down the supply chain

For years, ECCHR has fought against the use of agricultural pesticides and their toxic effects on local communities and the environment.

Donate now

Border Justice

MEPs vote in favor of harmful EU Migration Pact

In a rush before the upcoming European elections, the European Parliament pushed through a number of controversial, wide-ranging and devastating reforms to the EU’s asylum and migration laws, as well as the Schengen Borders Code reform. These reforms shift border and asylum procedures further out of sight, locking in a tried-and-failed system of detention and externalization, which will foreseeably lead to more human rights violations and pushbacks. New border procedures will be carried out while people are held in de facto detention, with no exemption for children, and with reduced legal remedies or access to lawyers. ECCHR joined 160 NGOs to stop the pact, calling on MEPs to stand up for human rights, dignity and the right to asylum. We will continue to resist this harmful legislation and to fight for human rights at the border.

ECCHR

Jury member: Hrant Dink award 2024

ECCHR General Secretary Wolfgang Kaleck has been chosen as a jury member for the 2024 Hrant Dink award. The award is granted to individuals, organizations or groups that bring inspiration and hope to the struggle for a world free from discrimination, racism and violence, and to those who take personal risks to achieve these ideals.

More info

We welcome new staff and trainees

Ibrahim Mahfouz Abdou returned to ECCHR as Event Manager


Dr. Hannah Franzki joined the Institute for Legal Intervention as Senior Legal Advisor


Louise Nanz and Fabian Lorais joined the Business and Human Rights team as trainees


Hannah Hefter joined the Media and Communications department as a trainee


Alina Pucko, Frankziska Chyle and Ana Fisher da Cunha joined the International Crimes and Accountability team as trainees


Anna Distelberger and Steffi Colao joined the Border Justice team as trainees


Nkosilathi Emmanuel Moyo and Luthando Vilakazi joined ECCHR as Global Exchange Fellows


Sophie Bisping and Hamza Mankor joined the Institute for Legal Intervention as trainees

EVENTS

Accountability Efforts After 13 Years of Atrocities in Syria

Although the Assad regime remains in power, impunity for crimes in Syria is no longer absolute – thanks to the relentless work of Syrian activists, lawyers, organizations, diplomats, artists and politicians. To launch ECCHR’s accountability report, this panel explores the patchwork of international justice efforts concerning Syria, along with their successes and blind spots.


Thursday, 16 May 2024, 4:00 pm (online)


More info

5 years after the dam failure in Brumadinho

The dam failure in Brumadinho, Brazil, five years ago killed 270 people and released toxic sludge into the surrounding environment. ECCHR’s Cannelle Lavite will join this podium discussion on local strategies of resistance against impunity and corporate negligence.


Aquarium, Skalitzer Straße 6, Berlin, 17 May 2024, 7:30 – 9:00 pm (in German and Portuguese)


More info

re:publica 2024: Visions of agricultural transformation or business as usual? Human rights and corporate responsibility along agricultural supply chains

The global agricultural industry is one of the main drivers of the climate crisis, resource depletion and species extinction. Can supply chain laws pave the way for an ecologically sustainable agricultural transition that respects human rights? A podium discussion with Pablo von Waldenfels, Anabel Bermejo and ECCHR’s Christian Schliemann-Radbruch.


Station Berlin, Luckenwalder Str. 4-6, Berlin, 28 May, 11:45 – 12:15 pm (in German)


More info

Technologies of death? AI in military applications

The war in Ukraine has revealed just how deeply remote control and automation are now integrated into military technologies. ECCHR’s Andreas Schüller will join other experts to explore questions of political, ethical and legal responsibility surrounding this topic.

Catholic Day, Augustinerkirche, Augustinerstr. 7, Erfurt, 31 May, 11:00 – 12:30 pm (in German)


More info

15 years of official peace: Report by the UN Commission on Human Rights on the lack of reappraisal and continuity of violence in Sri Lanka

Co-hosted by ECCHR, Medico International and Sri Lanka Advocacy, this event will feature a presentation by Annemarie Devereux, head of the OHCHR project, on the results of the report by the United Nations Sri Lanka Accountability Project. This will be followed by a discussion with ECCHR’s Andreas Schüller and Tamil human rights activist WHRD on the obstacles to justice for those affected by crimes during the civil war in Sri Lanka.


Senatssaal Humboldt-Universität zu Berlin Main Building, 1st floor, Unter den Linden 6, Berlin, 5 June 11:00 am


Please contact info@ecchr.eu for more information on registration.

PAST EVENTS

Syrian State Torture on Trial

Following the performance of “The encounter from yesterday” at Theater Freiburg on 15 March, ECCHR’s Patrick Kroker joined playwright Mohammad Al Attar and Professor Dr. Anna Petrig for a discussion, moderated by Hannah Pfurtscheller, on international law, universal jurisdiction, and the complexity of justice when addressing crimes in Syria.


More Info

The human rights situation of LGBTIQ* in wartime Russia

ECCHR’s Arne Bardelle participated in this panel discussion addressing the crackdown on LSBTIQ communities in Russia in the midst of its war on Ukraine, along with possible avenues for resistance.

More info

Ways forward for a humane European Asylum & Migration Policy

On 18 April, at a roundtable discussion at the European Parliament, ECCHR fellow David Yambio condemned the new EU legislation on border reform that will restrict the right to asylum and worsen the suffering of people on the move.


Watch the video (warning: footage contains scenes of torture)

Panel Discussion on Belarus 23.34

After the screening of the film Belarus 23.34 at Kino Krokodil on 17 April, the director Tania Svirepa, two protagonists in the film and ECCHR’s Arne Bardelle spoke about the brutal repression by the regime in Belarus and the efforts of those who resist it.


More info

Symposium on ten years of progress for children's rights

On April 10 at Leiden University, ECCHR’s Hanaa Hakiki and Delphine Rodrik discussed their work supporting applicants to challenge expulsions and border violence experienced by minors.

More info

Nkosilathi Emmanuel Moyo: Art exhibition and panel at Venice Biennale

At the Venice Biennale 2024, ECCHR’s Elisabeth-Selbert-Initiative fellow Nkosilathi Emmanuel Moyo displayed his work and spoke at the panel “Artists and Institutions: United against Authoritarianism and for Human Rights?” The piece on display is a replica of a prison uniform he once sent to Robert Gabriel Mugabe when he was president of Zimbabwe – inscribed with crimes against humanity committed during his reign of terror.


More info

Utopia. Keep on Moving: Concrete Utopias – Eva von Redecker and Wolfgang Kaleck

At the Academy of Arts, Berlin, on 4 May, ECCHR’s Wolfgang Kaleck and philosopher Eva von Redecker examined how the concepts of freedom and human rights can serve as a framework for practical strategies in the struggle for a better world for everyone.

More info

PUBLICATIONS

ECCHR / CELS

The case of Kyburg: Documentation of an indictment (only available in German and Spanish)
2024


TRIAL International in collaboration with Civitas Maxima, CJA, FIDH, REDRESS, ECCHR
Universal Jurisdiction Annual Review 2024
2024


ECCHR / Decolonize Berlin

Decolonial jurisprudence and legal practice (only available in German)
April 2024

 

Sarah Imani
Symposium on Confronting Colonial Objects: Beyond Return, Towards Repair – Litigating Restitution of Entangled Objects along the Spectrum of Legalities and (Post)colonial Justice
Opiniojuris, 17 April 2024

Chief Charles Taku
Symposium on Confronting Colonial Objects: Stolen African Cultural Heritage – Call for the Return of Ancestral Bangwa Artefacts
Opiniojuris, 19 April 2024


Falk Matthies
Schengen’s Paper Pushbacks
Verfassungsblog, 22 April 2024


Helena Krüger / Patrick Kroker
Patchwork justice for Syria? Achievements and blind spots in the struggle for accountability
ECCHR, 13 May 2024


Arne Bardelle
Regimes crimes in Belarus – The lack of endurance in German law enforcement agencies (only available in German)
Völkerrechtsblog, 14 May 2024

RADIO/PODCASTS

Andreas Schüller
dis:arm #13: International courts

Rosa Luxemburg Stiftung, 7 March 2024

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