FAQs – African Environmental Defenders

Am I Eligible to Apply?

About the Emergency Fund

Against the backdrop of the challenges faced by African Environmental Defenders, and the dwindling civic spaces in most African countries, Natural Justice and partners have expressed their commitment towards protecting environmental and land defenders.

To achieve this goal, the NGOs established the ‘African Environmental Defenders Emergency Fund’ to support environmental and land defenders who find themselves in emergency situations due to the nature of their work.

Starting from 2019, Natural Justice will administer this fund on behalf of all partners, in conjunction with a Committee. The Committee’s core mandate is to carry out various responsibilities under the fund, including making decisions on which cases qualify for the provision of emergency support.

Partners include the International Land Coalition, the ICCA Consortium, and the African Activists for Climate Justice coalition partners: Pan-African Climate Justice Activists (PACJA), Oxfam Novib, FEMNET, and African Youth Commission.
Purpose of the Emergency Fund
Types of Support the Emergency Fund Can Provide
The nature of the support provided by the Fund will be in the form of a grant to oversee an emergency or risky situation connected to a defender’s activism or actions. This grant will cover any immediate and short-term transitional costs arising from the emergency situation before the defender identifies a more stable source of support. Some of the costs that can be catered for by this fund include:

Urgent and short-term legal assistance

For environmental and land defenders who are either threatened with arrest, arbitrarily arrested, detained, maliciously prosecuted or summoned by government authorities, this Fund can be used to cover the cost of legal representation to secure the defender’s freedom when the full trial is going on. The goal is to prevent any imminent or continued human rights abuses from occurring during the full trial process. This could include: bail/bond; the costs of representation by a lawyer where the defender is summoned by the authorities; temporary injunctions; conservatory orders where there is threatened or actual forced evictions; anticipatory bail for defenders who are apprehensive that they might be arrested or re-arrested. In such cases, it must be demonstrated that this is the most effective preventive measure against a clear, direct and imminent threat among other alternatives.

It should be noted that legal costs for longer term litigation, such as disputes regarding the determination of title to land, cannot be covered by this Fund.

Cost of bail/bond in exceptional circumstances

Where a defender has secured bail/bond but for some reason is unable to raise the amounts required, this Fund can cover the cost of bail/bond in certain circumstances to free the defender from custody during the period of trial. Applications for this type of support will be determined on a case-by-case basis, depending on the facts and evidence presented by the applicant.

Urgent medical help

Environmental Defenders who, in the course of their work, sustain injuries or become critically ill as a consequence of any forms of physical violence propagated against them, can be supported by the Fund. In this instance, the Fund can provide assistance to the Defender by covering the cost of medical services and treatment. Psychosocial support may also be provided where it is necessary for enhancing recovery from a traumatizing experience or enhancing their emotional wellbeing.

Temporary relocation costs

Relocation becomes necessary where a Defender faces a threat of violation of their rights or risks being exposed to other types of danger by his/her continued presence at a particular place or territory. This Fund can cater for any costs incidental to the relocation for the entire period during which the threat persists.

The cost of hiring private security for the defender in exceptional circumstances

Where a defender fears that their life is in danger, they can apply for funds to hire private security for a short period of time. Applications for this type of support will be determined on a case-by-case basis, depending on the facts and evidence presented by the applicant.

Expenses related to the installation of security infrastructure in exceptional circumstance

The Fund can cover an application to procure security infrastructure such as CCTV cameras provided that adequate justification is given on how this will help overcome the emergency situation. This may include reference from a tech specialist on the effectiveness of such infrastructure. Due to the high costs of security infrastructure, it must be clear from the application that this is the best way to secure a defender, that the request is justified by a third party and that the budget is provided by a service provider.

This Fund CANNOT support other types of costs not related to an emergency such as:

Maintenance and current administrative or office expenses.

Human Rights programmes that are not related to a specific and contingent situation of violation of rights.

Armed security.

Emergency related to natural disasters.

The cost of applying to become a citizen of another country.

Any other costs which the Committee feels is not an emergency.
Eligibility for the Emergency Fund
Any person is eligible to apply for a grant if the applicant:-

Is a citizen of any African country or a person legally residing or working in any African country;

Is an active frontline land and environmental rights defender working on issues related to land rights, environmental and climate justice, including but not limited to rights over natural resources, land or environmental conflicts, land grabbing and land reform;

Is facing an imminent threat or harm due to the nature of his/her work as a land and environmental defender; AND

Has not secured any other kind of support from another entity, organization or person to support him/her through the emergency situation.
How to apply to the Emergency Fund
A grant can be accessed by lodging an application in the prescribed form with the Committee of the Fund. Applications can be made by either:-

Sending an email to [email protected];

Applying online; or

Dialing the helpline numbers provided on the website.

Examples of the nature of documents we may request for when an application is submitted include:

Evidence of citizenship, residence or work permit.

Copies of arrest warrants or summons (where the defendant is being arrested or facing a threat of arrest).

News articles or reports of the incidents (where available).

Medical reports for instances where a defender has sustained physical injuries due to violence or attacks.

A copy of the budget breakdown and the expense items (mandatory).

Legal opinions and invoice of legal costs (where one is seeking legal representation).

Copies of court orders or judgments.

Any other document that can support the facts of the case.
Decision on an application

Once an application is submitted to the Fund, the AED team undertakes due diligence verifications, including on background information, quotations and with referees. This may take up to 5 days depending on the information provided by the applicant. To expedite this process, we recommend that clear and detailed supporting documents are provided (e.g. court or police documents, newspaper articles or reports, registration details of the organization supporting the application, clear and verifiable quotations of expenditure) and that the applicant and/or supporting organization is available to communicate with the AED Team when required. All decisions of the Committee are guided by a set of rules of procedure. Please note that due to the number of applications received and the requirement to undertake a rigorous verification process there may be delays in the application process.
What constitutes an emergency situation?
To constitute an emergency, the reported threats or case must meet the following criteria:

The threat must be ongoing or continuous at the time the application is made. The fund will not support an emergency that happened weeks, months or years ago, but has since been resolved or addressed.

The threats can include – direct violations against personal integrity (physical assaults, sexual assault or harassment, attempted rape, psychological assault, death threats, threats to family, stalking and surveillance) and direct actions which violate the defender’s right to liberty (arrest, detention, imprisonment, abduction, kidnapping, illegal search, eviction, displacement, violation of the right to residence or movement, confiscation or property and land expropriation).

An application must be made within two months of the threat or attack against the applicant.
Who is an “environmental defender” for the purposes of the fund?

An environmental defender is defined as an active frontline defender who works on issues related to the protection of their lands and ecosystems from unsustainable industrial development, logging, extractive projects or land grabbing.

An environmental defender can also be someone working for climate and environmental justice, natural resources rights and environmental policy reform.

Please note that proof of defender’s work will need to be included in the application – or verified by an external person or organisation.
How long will it take to receive the final decision on an application?
Different factors will determine the timeframe for the processing of the application.

The application process includes consideration of the eligibility criteria, a verification process, and in some cases, consultation with referees to ascertain and authenticate the facts of the case. Once the application is verified, it is sent to a committee for a final decision.

The timeframe can be significantly reduced if:

Requested documentation is submitted in a timely manner.

Documentation submitted is legitimate: e.g. receipts with official stamps, information presented on a letterhead, documentation is duly signed, etc.

Documentation can be easily authenticated.

Documents can be emailed or sent via WhatsApp.

On average, the application process can take anywhere between 5 days to 2 weeks. Please note that once an application is verified and approved by a committee, the payment of funds may also take 1-2 weeks.
What costs are covered by the Fund?
Urgent and short-term legal assistance

Bail/bond in exceptional circumstances

Urgent medical help

Psychosocial support

Temporary relocation costs

Other
What support is not covered by the fund?
The fund does not cover the following:

Administrative costs or any office costs

Any programmatic activities – i.e. long-term projects, workshops, etc

Any civil action lawsuits

Emergencies related to natural disasters

Violations that do not constitute an ongoing threat or emergency

Anticipated costs for legal or medical expenses or any other cost

The applicant/victim has already received support (from a different source) for the application submitted.

Any other costs which the committee feels cannot be covered by the emergency fund.
Who can make the application
How long does it take for payment to be processed once an application is approved?

The average time a payment can be processed after approval is anywhere between 1 to 2 weeks. This timeframe can be shortened if: the payment is to an organizational account, and a bank-certified proof of account is submitted. Submission of identification (passport) will be required.

The reason for the length of time is that banks are required to ensure that no fraud is committed.
What sort of documentation supports and strengthens an application?
The documentation normally requested includes:

Links to organisational profiles, media reports etc to prove that the defender is active. If no proof is provided through documentation, their status as a defender will need to be verified by an external partner/organisation.

A police report in cases where attacks or threats are reported.

A legal opinion and legal invoices to support requests for short-term legal support.

A bond payment/receipt if someone has been arrested and requires bond/bail.

A charge sheet if the person has been arrested. This should be stamped by an official.

Budget breakdown for the costs requested. Additional invoices will result in quicker consideration of costs.

Photos, if available. These would include screenshots of attacks received through text or social media, photos of injuries, or damage.

Voice recording if threats are made through an audio recording.

Legitimate receipts if claiming for reimbursement.

Invoices from service providers if the request is for accommodation, installation of CCTV camera, additional medical treatment, legal support or psychosocial support.

Media excerpts if the case reported has been published online.

Or any other documentation the committee believes is needed to verify the facts of the case.
Who makes the final decision on an application?

An independent committee called the African Environmental Defenders Fund Committee is tasked with the responsibility of reviewing all documentation submitted and making a final decision on whether or not to support the application.

The Fund Committee is required to make a decision within 48 hours from the time the documentation is submitted to the fund; however, this might take longer depending on the complexity of the case.

A case will only be presented to the committee once all due diligence processes are completed and the administrators of the fund are of the opinion that the application meets the eligibility criteria and has enough merit to be brought before the fund committee.

All decisions are made via quorum. If additional information is required by a committee member in order for them to make a final decision, this is conveyed to the fund administrator who then requests or seeks additional information.
Can an applicant claim reimbursement for costs incurred?
Yes. However, this will only apply in the following circumstance:

The defender was forced to borrow or temporarily seek finance to meet the cost of the emergency in instances where the applicant submitted an application to the fund within a period of 5 days of their arrest or threat of arrest.

The application had already been approved by the committee at the time the expenses were incurred.

Receipts are submitted to justify the amount requested.
What if support documentation cannot be supplied?

Unfortunately, an application cannot be processed or brought before a fund committee where no supporting documentation has been provided. It is imperative that all applications be supported by relevant documentation to expedite the process and facilitate a speedy decision from the Fund committee.
Can someone claim both temporary relocation costs and installation of security infrastructure?

In most cases, you can only claim one of the two. This is based on the premise that if you are temporarily relocating, your secondary place of residence should be safer, more secure and undetected. Additionally, being a temporary place of residence that you will occupy for a few months, it would not be financially prudent to invest in expensive security infrastructure.

Therefore, in most cases, the fund committee will approve installation of security infrastructure in cases where the defender chooses to reside at their primary place of residence only if the premises can be fortified by additional security features. Alternatively, they will award costs for temporary relocation without the option of installation of security infrastructure.
What if the budget exceeds US$5000?

The amount allocated for each case cannot exceed US$5000. In most cases, the applicant will be advised to revise the budget to fall within the scope of US$5,000, should that be possible without compromising the safety and protection of the defender. In cases where the budget greatly exceeds $5,000, an application will not be considered.
Can the funds be deposited into a personal account?
Will the recipient of funds need to account for the funds received?

Yes. In some cases, the committee will request that the recipient of the funds provide receipts and documentation to account for how the funds were spent. For this reason, we advise all recipients of the Emergency Fund to retain receipts and documentation of expenditure.
Can an application be resubmitted if it has been previously rejected?
An applicant may resubmit an application only in the following circumstances:

Where the threat has escalated since the last application. Proof must be provided.

If there is new evidence or documentation which was not knowledgeable to applicant at the time of the initial application.

Where the emergency is ongoing.
Can I apply to the fund more than once?

An applicant can reapply to the fund in cases where the emergency situation persists and additional funding is required to ensure the safety and protection of the defender.

Please note that relocation may only be extended from 3 to 6 months in exceptional circumstances, determined by the Fund Committee on a case-to-case basis. The expectation of the fund is that the defender will make long-term plans for supporting themselves after a 3-6 month period, or return home once the threat has passed.

Apply for emergency funds