ActionAid Italy et al. vs. JTF Tozzi Green

Date filed

13 October 2023

Keywords

Human rights

Countries of harm

Madagascar

Current status

Filed

Sectors

NCP

NCP Italy

Allegations

On 13 October 2023, ActionAid Italy, the collective for the defense of Malagasy lands BMTT, and Colletif Tany, filed a complaint at the Italian NCP against the Italian renewable energy company JTF Tozzi Green. The complainants allege that the leases and usage of land in Madagascar by JTF Tozzy Green’s subsidiary JTF Madagascar infringe on the human rights of the people living in the Ihorombe region.

According to the complainants, the agro-industrial activities of JTF Tozzy Green’s subsidiary contribute to worsening food security since its plantations use a lot of land and water, which have previously been used by the local population to grow their own food. They also say that the use of pesticides by JTF Tozzy Green’s subsidiary poses a risk to the health of people and the ecosystem. The complainants accuse JTF Tozzy Green of failure to adequately consult the people from the Ihorombe region before starting their plantations. Additionally, JTF Tozzy Green allegedly imposes penalties on local farmers for entering the land that was prior to JTF Tozzy Green’s lease of the land used by them for grazing their cattle. The complainants also claim that the company threatens the local population with charges of theft if they harvest seeds, used to plant JTF Tozzy Green’s corn, that have fallen to the ground.

All of the above leads the complainants to accuse JTF Tozzy Green of failures to comply with the standards in the Human Rights chapter of the OECD Guidelines, including failing to comply with Malagasy standards on free, prior, and informed consent of local communities and failing to provide transparency, appropriate information, and adequate participation before and during project implementation, resulting in social tensions, unmet expectations and unfair treatment.

The complainants are seeking JTF Tozzy Green to cease its operations and leave the Ihorombe region, and to return the monopolized land to local communities through a transparent, effective and participatory process. The complainants also demand compensation payments from JTF Tozzy Green to members of the affected peoples whose lands were occupied and seized, and that these sums be used to promote community projects.