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Article

11 Jul 2017

Author:
Otto Saki, writing for Ford Foundation Southern Africa (South Africa)

So. Africa: Blogger discusses how companies are using law to silence environmental activists and how philanthropy can help

"How companies are using law suits to silence environmental activists—and how philanthropy can help", 13 June 2017

...Strategic Lawsuits Against Public Participation (SLAPPs) are used to intimidate, harass, and silence activists who are working to expose corporate injustices and human rights violations. As intended, such lawsuits have a clear chilling effect on activism, silencing critical voices and stifling accountability. Of particular concern is the recent SLAPP suit against the Centre for Environmental Rights (CER), an environmental rights group in South Africa...The use of SLAPP suits in South Africa is becoming a trend. Whether the company wins or loses, CER shoulders major expenses in defending themselves against a lawsuit that they see as being without merit, constituting avoidance for accountability...South Africa needs to revise court procedures to make it easier for judges to scrutinize frivolous lawsuits without dragging the defendants into court. Second, civil society must recognize that SLAPP lawsuits are not isolated, but are part of a broad and purposeful strategy to distract and disable environmental activists and empower corporate interests. Where possible, activists should draw attention to these companies’ actions in their countries of origin, so that shareholders can see the (perhaps unintended) impact of their investments...As philanthropy considers how to best support and build resilience for social justice activists and institutions, it is critical to consider their ability to withstand this kind of legal pressure. In times of crisis, organizations often turn to emergency response funds, but these funds are overwhelmed...