Giving Grants

The problem

Natural resource development projects sometimes cause grave harm to the environment and human rights of affected communities in developing countries. This is happening in particular to the lands, health, culture, and way of life of indigenous peoples.

Litigation in national courts using domestic law

To remedy this problem, legal actions based on domestic law can often be brought in national courts against the party causing the harm. Legal actions threaten serious financial and reputational consequences for the offending party that violates human rights. They also put others on notice of the risk of rights violations occurring, and the potential for legal liability in the absence of active measures to prevent them. Successful cases will lead to more cases being filed for similar violations, and the risk of cascading consequences can have a preventive effect on future violations.

Cases of this type are rare in part because of inadequate financial resources. While relatively few cases have been brought in the national courts of developing countries, these cases are much less expensive to litigate there than in North America or Europe. A growing number of private and public interest attorneys are willing to bring the cases.

EDLC’s grant program

EDLC believes that the financial obstacles to bringing these cases can be overcome in part by advancing out-of-pocket expenses to lawyers pursuing such claims, and has therefore created a recoverable grant program for expenses in public interest litigation against those responsible for natural resource development projects that harm the human rights, health, and environment of communities in developing countries. Examples of grants that have been awarded can be found on the Grants page in the Cases section.

Whether or not EDLC provides a grant in a particular case, it can often provide other forms of advice, legal support, and resources, and sometimes pro bono scientific help.

How to Apply

Contact EDLC by email for further information on what types of cases are eligible, how the program works, and how to apply.

Turning to practical obstacles, three are particularly problematic: costs; bringing representative and aggregated claims; and disincentives to providing legal and related assistance to victims. Their coexistence can make it almost impossible for victims to access effective judicial remedy.

- Report of John Ruggie, U.N. Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, April 9, 2010