CIEL participates at the World Social Forum in Nairobi, Kenya from 20-25 January 2007.

United by the slogan, "another world is possible," an estimated 50,000 people from around the world gathered for the World Social Forum (WSF) in Nairobi, Kenya. From 20-25 January, the WSF brought together activists, social movements, networks, coalitions and other forces from around the world for what organizers called "five days of cultural resistance and celebration."

The WSF originated in Latin America in 2001 out of opposition to the World Economic Forum's policies. The six-day event began and ended without much media exposure as the global spotlight fell on the World Economic Forum in Davos, Switzerland, where multinational corporate executives and government officials gather annually to set the direction of world economics.

The 7th meeting of the WSF marks a shift as this WSF was the first year the event took place in Africa (although in January 2006 one of three polycentric world social forums took place in Bamako, Mali, alongside the other two polycentric forums held in Caracas, Venezuela and Karachi, Pakistan). The move to Africa was designed to highlight and discuss African struggles and issues, including debt relief, free trade agreements, privatization of essential services, HIV/AIDS, and the right to adequate housing, among many others. It provided local Kenyans and others from the region the unique opportunity to participate.

Following its tradition from previous years, the Center for International Environmental Law (CIEL) actively participated in the WSF, sharing and exchanging experiences to promote the full protection of human rights and enhance environmental protection. CIEL hosted two workshops and participated in several other activities, including strategy meetings. CIEL hosted the following events:

Water Privatization & International Investment Disputes:
The Case of Biwater v. Tanzania.
21 January, 2007
8.30-11.00, Moi International Sports Centre
Nairobi, Kenya

Co-organized with the Lawyers' Environmental Action Team (LEAT), this workshop discussed a number of issues raised in the Biwater-Tanzania dispute, which is currently pending at the International Centre for the Settlement of Investment Disputes (ICSID). At issue in that dispute was the cancellation of the ten-year contract awarded to the British water company Biwater to manage and operate the water and sewerage system in Dar es Salaam, Kibaha and Bagamoyo in Tanzania. The government of Tanzania cancelled the contract after two years, claiming that the foreign investor had failed to improve the supply for millions of people, that no new domestic pipework had been installed, and that the company had not spent the money it had promised, leading to a decline in water quality and a decrease in revenue collection.

The workshop aimed at clarifying the nexus between the right to water, foreign investment, privatization of essential services, and the involvement of international financial institutions; identifying ways to increase awareness about the implications of countries' obligations under bilateral investment treaties (BITs); and promoting increased transparency and participation in arbitration processes.

A brief synopsis of the speakers and discussion follows:

• Clarence Kipobota of the Legal and Human Rights Centre in Tanzania informed the audience on the events leading to the dispute between Biwater and the government of Tanzania.
• Rugemeleza Nshala of LEAT focused on the problems relating to water privatization encountered in Dar es Salaam.
• Vicky Cann of the World Development Movement (WDM) discussed the role of international financial institutions (IFIs), such as the International Monetary Fund (IMF) and World Bank, and the international bidding process.
• Nathalie Bernasconi-Osterwalder of CIEL introduced the role of bilateral investment treaties (BITs), particularly focusing on the BIT between the United Kingdom and Tanzania. She also discussed the current Biwater case before the ICSID Tribunal and the amicus curiae brief that five civil society organizations submitted-CIEL, LEAT, LHRC, TGNP, and IISD.
• Sofia Plagakis of CIEL elaborated on the role of transparency in the Biwater case, focusing specifically on the confidentiality order that was issued by the ICSID Tribunal.
• Agnes Namuhisa of Tanzania Federation of Cooperatives moderated the session on campaign strategies in the Biwater case.
• Wenonah Hauter from Food and Water Watch (FWW) discussed the water privatisation attempts that occurred in Latin America, focusing on Cochambamba, Bolivia, as well as the anti-privatization protests that have taken place in Latin America, Africa, and Asia. She also discussed the importance of collaboration among international civil society organizations.
• Deus Kibamba of the Tanzania Gender Networking Programme (TGNP) focused on local strategies to halt the privatisation of essential services, contending that civil society must put pressure on the Tanzanian government not to give in to privatisation of public utilities.

The workshop led to a lively exchange of information and experiences among Kenyan locals, and civil society organizations from Africa and elsewhere, as well as social movements campaigning on issues related to investment, water privatization and international financial institutions. Audience participants represented 29 countries from 5 continents. The discussion was very extensive and covered the different local and regional experiences based on the diversified background of the participants.

CIEL has prepared an overview of Tanzania's obligations under bilateral investment treaties to Tanzanian partners as a basis for future more targeted campaigning on foreign investment policy-making in Tanzania and in the region.

Regaining Control of our Natural Resources
22-23 January, 2007
Moi International Sports Centre
Nairobi, Kenya

CIEL co-organized this two-day workshop with a wide range of organizations, including among others, the Council of Canadians Blue Planet Project; Focus on the Global South; Friends of the Earth International; the Global Forest Coalition; Oilwatch Africa; Via Campesina; and the World Forum of Fishworkers and Fish Harvesters

This event involved a diverse array of civil society actors, especially from Africa, to discuss the impacts and underlying causes of the commodification of various natural resources. The workshop allowed the speakers and participants to analyze different regional concerns; and to exchange ideas about effective campaign solutions, strategies and tools. The workshop focused on the following natural resources: land/seeds; fisheries; forests; biodiversity; energy; minerals; and water.

The first day of the workshop involved exchanging ideas about effective campaign solutions, strategies and tools to maintaining and restoring community/indigenous management of natural resources and related knowledge. Speakers discussed successful community management projects and campaigns, particularly how these projects have been protected, initiated, promoted, and developed, as well as the key difficulties.

In addition, the first day of the workshop involved an exchange of ideas about the experiences of direct action and nationalization of natural resources (with a particular focus on Bolivian and the Venezuelan examples) and examined the related impacts on communities' access and the sustainable use of natural resources.

The second day of the workshop focused on exchanging ideas about effective campaign solutions, strategies and tools involved in making, changing and using the law. Particular attention was paid to how communities can use, change and make laws to help regain access to or prevent the destruction of their natural resources and environment. In addition, the workshop looked at how to use national courts to change corporate practice and seek redress. The focus of this session was on oil, mining, water, and forests.

The second day also focused on the potential role of new technologies and market mechanisms. More specifically, this part of the workshop focused on whether the emerging new technologies are likely to help or hinder people's access to natural resources, and how the market mechanisms impact local communities and their access to natural resources and a clean environment. The focus in this session was on nanotechnology and new markets in biofuels, carbon and environmental services.

The workshop was followed by a strategy meeting of the organizers to discuss follow-up, including building a network and creating advocacy tools. A report of the workshop will be sent to participants.