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Unternehmensantwort

4 Jun 2024

TotalEnergies‘ response to indigenous organisations’ rejoinder

[...]

As of June 4th, 2024, TENBS has effectively purchased 10.8 MVCUs. Of the amount we disbursed, ~96% were channeled to a trust fund where they remain and generate proceeds, the other ~4%, corresponding to a pre-payment, will also be channeled to the trust fund...

TENBS performed reasonable due diligence and investigations, despite limiting conditions at the time (COVID and security conditions within the country)...

Our due diligence concluded that the creation of the CANP as an administrative procedure complied with the laws in vigor in Peru at the time. Additionally, the Ministry of Culture has no registry of indigenous people communities within the park borders, indigenous communities were only identified in the buffer zone of the park. Finally, considering the Free Prior and Informed Consent (FPIC), although ILO 169 Convention had already been ratified by Peru (December 1994), neither the Law on Prior Consultation (2011) nor its regulations (2012) had been promulgated, therefore, there was no established procedure, to our knowledge, for carrying out prior consultation.

We also identified elements showing that in accordance with the regulations of the Protected Natural Areas Law No. 26834 (17- Jun-1997)...

To our knowledge, local communities have – and have always had - access to the park and are free to practice their ancestral traditions...

TENBS believes the positive involvement of local & indigenous communities is a key component of any project, including projects based on nature as REDD+ projects,such as the one developed on the CANP...

...We believe such a place needs to be conserved in a participatory manner with local and indigenous communities. TENBS acknowledges the dispute between your organizations and the Peruvian government regarding the land tenure, and the criticisms you are expressing towards the management of the park. TENBS would welcome a solution negotiated among the stakeholders involved but we understand it might not be possible today.

TENBS, however decided to continue supporting the Project because it believes that its presence in the Project has a positive impact on the management of the CANP and contributes to raising standards and practices.

TENBS will continue to use its influence in the projects as an important off-taker, especially regarding human rights related aspects. Our team plans to come to Peru in July 2024 where we will go to Lima and we would like to travel to the CANP area if possible. We would be happy to meet representatives of some of your communities, so as to get direct feedback from them...

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