Ksapa | March 2024

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EDITORIAL

A recent FAO report, Unjust Climate, which studied over 100,000 rural households in 24 countries over a 70-year period, confirms the extent to which climate change is statistically widening inequalities. Poverty and gender inequality are correlated with exposure to climate change impacts. The increase in climate disruptions and extreme weather events further undermines vulnerable populations exposed to the setbacks observed in terms of inequality since the beginning of the 2020s..

At the same time, ExxonMobil recently filed a lawsuit against two so-called active shareholders who proposed resolutions on its "scope 3" strategy, choosing a Texas court to take the sword instead of the usual proceedings before the Fed. Despite the withdrawal of the draft resolution in question, these shareholders continue to be prosecuted by ExxonMobil in a clear attempt to intimidate them through legal action. However, these issues could jeopardize the activities of companies or investors who turn a blind eye to these risks: regardless of the debates on the issue of double materiality, to omit them is short-sighted and clearly failing in one's "fiduciary" duty.

This illustrates that pockets of resistance reinforced by the political and geopolitical context will prevent part of the economy from committing to the necessary transformation towards fair decarbonisation. And this despite the fact that time is running out, in view of self-perpetuating climate processes: according to the latest IEA report, droughts have slowed down hydroelectric production and prevented an overall reduction in GHG emissions.

Conclusion? It is imperative that we make a resolute commitment to setting up multi-stakeholder programs within everyone's reach, enabling concrete, multi-dimensional impacts: climate adaptation, the fight against inequalities, biodiversity protection, food and water security, action on GHGs, etc.

We look forward to working together on these issues,

Raphaël Hara, Managing Director

IN THE SPOTLIGHT

Advancing Human Rights in Business Operations in 2024: Guiding Principles for Action
In our blog this month :  Businesses will have to comply with existing and emerging mandatory human rights due diligence and reporting frameworks such as the CSRD, SFRD, CSDDD, and others. The goal of these regulations is the same – to identify risks to people, including vulnerable and at-risk groups, rather than risks to the business. In practice, this requires businesses to shift focus in their analysis and responses instead of adopting a mere legal compliance approach. In this article, Ksapa shares insights and suggestions on actions businesses should take to establish a robust human rights lens in understanding, addressing, and mitigating such issues.
The Role of Financial Actors in ESG and Responsible Business Conduct in MENA
The business landscape in the MENA (Middle East and North Africa) region is diverse and dynamic. While the region offers significant business opportunities, it also faces various challenges including political instability, regional conflicts, climate crisis, regulatory complexities, and socioeconomic disparities. In the absence of robust regulatory frameworks, businesses only reinvent themselves, embracing and aligning their strategies and operations to meet specific standards to open doors for financial and business opportunities. This underpins the pivotal role finance can play in instilling and strengthening responsible business practices. In this article, we outline a few keyways in which financial actors can contribute to ensure responsible business conduct in MENA.
Challenges and Transformations of the Coconut and Cocoa Value Chains
Agricultural commodities, such as coconut and cocoa, face significant challenges in their production. While their products are universally cherished, their production processes involve complex social, environmental, and economic challenges. Coconut plantations, for example, receive minimal care compared to crops like palm oil, and appear a less profitable and attractive option for farmers. The expansion of cocoa farming is a significant driver of deforestation & biodiversity loss, and is linked to child labour, poverty, and gender disparities. Yet, these commodities are vital for the economies and livelihoods dependent on their industries and products. In these two articles, Ksapa highlights the multifaceted challenges in the cultivation and production of coconut and cocoa, and outlines potential strategies for sustainability and resilience in their value chains. 
ESG Disclosure: Comparing SEC Rules with CSRD/ESRS and IFRS 
The US SEC rules are out! They have been delayed for over a year, watered down, and will still face intense legal challenges. For American companies engaged in trade and financial transactions outside the US, the bar is going to be high to match international partners. A more ambitious regulation would have provided investors with better information in their attempts to efficiently allocate capital in the age of climate change, and would have reduced the challenges of regulatory fragmentation on US firms. However, US listed companies still have a rule. In this article, Ksapa provides an overview of how the SEC rules compare with other ESG Disclosure frameworks to date such as the CSRD and IFRS.
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