Defending Climate Defenders by ELAW

https://elaw.org/wp-content/uploads/2023/12/2024_winter_advocate.pdf

Protecting the climate is the leading challenge of our time. ELAW partners around the world are working to ensure that communities that are most impacted by the climate crisis have a voice at the table and the tools they need to defend their rights and protect local ecosystems. Our lawyer colleagues and their community partners are under increasing attack for defending and advancing the human right to a healthy environment. Public interest lawyers are fighting back against these attempts to stifle local efforts to protect the climate.

The following are brief reports on ELAW’s progress protecting the climate and defending climate defenders in Suriname, the Philippines, Australia, and the Dominican Republic.

We also describe our growing Defending Defenders Program and its work countering Strategic Lawsuits Against Public Participation (SLAPPs), and other actions that aim to silence environmental defenders. Oil Company’s SLAPP in Suriname Shut Down A state-owned petroleum company brought defamation charges against Erlan Sleur and his organization, ProBios, for speaking out about an oil spill Erlan alleged was caused by the company. Since 2009, when Erlan launched ProBios, the organization has investigated many environmental and human rights abuses in Suriname. In 2022, Erlan began investigating an oil spill in the Suriname River next to an oil refinery owned by Staatsolie Maatschappij Suriname.

Several days prior, a national TV broadcaster announced that an oil spill had been detected in the river, with no blame assigned or suspects identified. At a press conference in October 2022, Erlan spoke out about his findings, stating that it is reasonable to believe that the Staatsolie refinery was responsible for the incident as it was the only producer, transporter, and processor of crude oil in the country at that time. Shortly after the conference, Staatsolie sued Erlan and ProBios and demanded a public apology and withdrawal of the allegations against the oil company.

Serena Muntslag-Essed, a local lawyer in Suriname, defended Erlan in the case. Serena requested assistance from ELAW regarding international case law and relevant international regulations that might be applicable to the case. ELAW shared cases from Argentina, Brazil, the European Court of Human Rights, India, Malaysia, South Africa, and the United States, and collaborated with Serena on a legal strategy to defend Erlan and reveal that this was a SLAPP meant to silence the company's critics.

SLAPPs are a misuse of the legal system that impose costs on organizations and individuals working to protect communities and the environment. Defendants must waste time and resources fighting against false charges aimed at damaging their reputation.

SLAPPs can have a chilling effect, dissuading other individuals and organizations from speaking out. We are pleased to report that the court rejected the oil company’s defamation claim, admonished it for making statements about its investigation into the spill without submitting evidence, and ordered it to pay the NGO’s defense costs. “I had a great experience with ELAW.

The information, case law, and regulations provided significantly contributed to winning the case,” says Serena. We congratulate Serena and Erlan on defending against this spurious charge and applaud the court's decision. NGOs play a critical role in holding companies and governments accountable for environmental and human rights abuses in the fossil fuels sector.

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ELAW supports public interest environmental lawyers to work without fear of reprisal. ELAW takes action when our partners are targeted in response to their advocacy, and helps them build skills and alliances to protect themselves and their organizations, deter threats and attacks, and carry on their high-impact work.

ELAW provides legal, scientific, and organizational expertise to build the capacity of public interest lawyers and their organizations to be more effective.

ELAW brings together a global community of advocates in more than 80 countries who offer each other solidarity, mutual assistance, and inspiration.

SLAPPs are a misuse of the legal system that impose costs on organizations and individuals working to protect communities and the environment. Defendants must waste time and resources fighting against false charges aimed at damaging their reputation.

SLAPPs can have a chilling effect, dissuading other individuals and organizations from speaking out. We are pleased to report that the court rejected the oil company’s defamation claim, admonished it for making statements about its investigation into the spill without submitting evidence, and ordered it to pay the NGO’s defense costs. “I had a great experience with ELAW.

The information, case law, and regulations provided significantly contributed to winning the case,” says Serena. We congratulate Serena and Erlan on defending against this spurious charge and applaud the court's decision. NGOs play a critical role in holding companies and governments accountable for environmental and human rights abuses in the fossil fuels sector.