NATURAL JUSTICE

TK Commons Meeting in Cape Town

2012-02-03T00:42:00.000+08:00

On the 31st January representatives from the Bushbuckridge Traditional Healers’ Association, lawyers working on issues around traditional knowledge (TK) from Kenya and Ghana, and Natural Justice gathered in Cape Town with support from the Open A.I.R. Project. The theme was “Non-Traditional Users of TK—Opportunities and Challenges Around Compliance”. Breakout sessions delved into the definition of TK commons, methods of pooling and sharing TK, TK practioners and their issues, external links to non-traditional users of TK, and existing and future policies around TK. Interviews with the healers from Bushbuckridge on the challenges they have faced in managing the sharing of their TK informed much of the discussion.

Looking forward, the representatives looked to build on the successes of the Bushbuckridge community. As communities in Ghana and Kenya move forward with their development of TK commons, participants will support the development of linkages between these communities and the Bushbuckridge healers. They will also continue to look for ways to creatively collaborate to analyse and shape laws and policies around TK based on experiences at the grassroots level.

New Publication: Legal Pluralism in Southeast Asia

2012-01-31T10:01:00.001+08:00

A new publication entitled "Diverse Paths to Justice: Legal Pluralism and the Rights of Indigenous Peoples in Southeast Asia" has been released by Asia Indigenous Peoples Pact (AIPP), Forest Peoples Programme, the Center for People and Forests (RECOFTC), and Rights and Resources Initiative (RRI). Demonstrating that legal pluralism is "at the heart of Indigenous peoples' struggles", this fascinating compilation includes a range of articles by leading practitioners and academics about the legal landscapes and Indigenous peoples' experiences in Nagaland (India), Sabah and Sarawak (Malaysia), the Philippines, Indonesia, Thailand, and the Chittagong Hill Tracts (Bangladesh).

The publication can be downloaded here.

Exploring Native Land Rights in Sabah

2012-01-31T08:56:00.002+08:00

Harry Jonas and Holly Shrumm (Natural Justice) attended a symposium entitled "Sabah Native Land Rights: Issues, Challenges and the Way Forward". Chaired by Dr. Jacqueline Pugh-Kitingan (UMS Kadazandusun Chair), it was hosted by the Universiti Malaysia Sabah (UMS) School of Social Sciences from 30-31 January in Kota Kinabalu, Malaysia. The opening keynote was delivered by YAA Tan Sri Richard Malanjum (Chief Justice, High Court of Malaysia). Highlights of the paper presentations included:

Overview of Native Customary Land Laws in Malaysia (Dr. Ramy Bulan, Centre for Legal Pluralism and Indigenous Law, University of Malaya)

Governance of Customary Land and Natural Resources in Sabah (Datuk Osman Jamal, Director, Sabah Lands and Surveys Department)

Land Rights, Native Rights, and Human Rights (Tan Sri Simon Sipuan, Former Vice Chairman, Human Rights Commission of Malaysia)

Selection of Village Headmen in Sabah (Dr. Paul Porodong and Dr. Gaim Lunkapis, UMS)

As in many former British colonies, the legal landscape in Sabah consists of a mosaic of statutory, common, and customary law. Drawing on a burgeoning global jurisprudence in support of Indigenous peoples' rights, many presenters called for greater legal pluralism, effective reform of decades-old legislations, and a national tribunal to address violations and the backlog of an estimated 300 000 native title applications.

Kalpavriksh Newsletter on Biodiversity and Livelihoods

2012-01-30T22:39:00.001+08:00

The latest edition of People in Conservation, the newsletter of the Kalpavriksh Environment Action Group, focuses on biodiversity conservation and livelihood security. The introductory editorial carefully analyses current methods of agricultural production and concludes by arguing, "to avert a humanitarian crisis of major proportions, new agri-food systems (production and access to food) are desperately needed – to ensure food security for all as well as to do so in an environmentally sound way. Continuing to rely on fossil-fuel-based mechanized industrial production is not a possibility."

Other articles examine the Indian National Biodiversity Authority's decision to prosecute Monsanto for promoting BT brinjal in violation of the Biodiversity Protection Law, a critical analysis of India's proposed Biotechnology Regulatory Authority of India Bill, and a report on the Lokpanchayat movement to protect local seeds.

Read the newsletter in English and in Hindi.

Lamu Communities File Petition on Port

2012-01-26T22:53:00.001+08:00

Lamu community members yesterday filed a legal petition at the Milimani Courts in Nairobi arguing that the Government of Kenya has violated several sections of the new constitution with its implementation of the proposed Lamu Port-Southern Sudan-Ethiopia Transport Corridor (LAPSSET). These violations include failing to provide information, consult the community, and carry out an environmental impact assessment. The case will be heard in Malindi on February 8th. Natural Justice is currently supporting the communities of Lamu in their calls for information and participation in the process and development of a biocultural community protocol (BCP).

The press statement prepared by the Chief Petitioner can be found here.

Understanding Community-Based REDD+

2012-01-25T23:06:00.001+08:00

As REDD+ programmes begin to be implemented at the community level by UNREDD and the World Bank, it is critical that communities are fully informed about the projects and the rights and protections mandated under REDD. In this complex context the International Work Group for Indigenous Affairs (IWGIA) and the Asia Indigenous Peoples Pact (AIPP) have produced a fantastic resource for communities, 'Understanding Community-Based REDD+: A Manual for Indigenous Communities.'

The manual 'looks at REDD+ at the project level and tries to provide some guidance to finding answers toquestions like: How does REDD+ fit into the overall livelihood and forest management systemsof indigenous peoples? How does REDD+ work on the ground? What are the typical activities ofa REDD+ project? Who are involved in a REDD+ project? What are the particular knowledge andskills needed for implementing a REDD+ project? By assisting communities in finding answers to such questions, the purpose of this manual isto help indigenous communities acquire the knowledge and skills needed to take a decision onwhether to join a REDD+ project, and if they do, to be able to fully and effectively participate init.'

You can download the full manual here.

Communities Legal Petition and Mass Action Against Port

2012-01-25T20:52:00.000+08:00

On the 24th of January the communities of Lamu held a demonstration and press conference in protest against the Government of Kenya's plans to develop a major port in their territories without consulting and involving the communities in the process. The proposed port will have massive impacts upon the livelihoods of the Lamu communities and the incredibly rich biodiversity in the region. On the 25th of January, the communities will be filing a legal petition in the Kenyan courts to stop the construction of the port construction. The petition will argue that without adequate information, proper consultation and a credible environment impact assessment the construction contravenes a number of international and national laws. Natural Justice is currently supporting the communities of Lamu in their calls for information and participation in the process and development of a biocultural community protocol (BCP).

Information regarding these activities can be found here. For further information, please read the press statement, letter to the President of Kenya and profile of Save Lamu, the umbrella group of the communities of Lamu.

Natural Justice in 2011

2012-01-23T15:32:00.001+08:00

From supporting the development and use of biocultural community protocols in three continents to engaging in law and policy across numerous national and international fora, 2011 was a very busy year for the Natural Justice team. Our chronological review of 2011 outlines the activities undertaken under the headings Community Work, Technical Advice, International Meetings & Negotiations, Communications, Legal Submissions, Publications, International Development, Partners, and Funders.

Please read the review here. More information will be available in our forthcoming 2011 annual report. Many thanks to all of our partners and supporters - we look forward to further strengthening the rights of Indigenous peoples and local communities in 2012!

Oro Verde Fairtrade and Fairmined Certification

2012-01-17T15:03:00.001+08:00

Congratulations to Oro Verde on becoming only the second organisation to receive both Fairtrade and Fairmined Ecological certification for gold and platinum mining through FLO CERT, a leading fair trade organisation. The artisanal mining practices of Oro Verde the 25 mining units in Tadó-Chocó preserve the environment by not using chemicals and sustain the livelihoods of 120 individuals.

Save Lamu at the Truth, Justice and Reconciliation Commission

2012-01-17T01:19:00.001+08:00

Natural Justice partner, Save Lamu, successfully read and presented a memorandum on historical land injustices to the Truth, Justice and Reconciliation Commission in Lamu, Kenya on the 9th January 2012. Save Lamu, a coalition of Indigenous communities of Lamu, has been working with Natural Justice to develop a biocultural community protocol (BCP) to call for transparency and full participation in the process of considering developing a mega-port on their traditional lands and waters from the Kenyan government. Save Lamu is a member of the BCP Initiative, a network of communities developing BCPs in Africa and Asia. The memorandum covered the following issues, all of which are exacerbated by the port development:

1. Illegal/un-procedural Adjudication of Government Land;

2. Lack of Compensation for Displaced persons;

3. Un-procedural Settlement Schemes;

4. Failure to Recognize Natural Resource Rights;

5. Misuse of State Power to Gain Land without Consultation or Compensation;

6. Intimidation by Organized Groups and Powerful Leaders.

The Save Lamu memorandum can be accessed here.

Kinabalu Project Planning Meeting

2012-01-14T14:45:00.002+08:00

On 13 January, Harry Jonas and Holly Shrumm (Natural Justice) joined partners Borneo Conservancy Initiative (BC Initiative) and Sabah Biodiversity Centre (SaBC) for a full-day planning meeting about the Kinabalu Biocultural Law Project, which is set to begin local work soon. Dr. Jamili Nais (Sabah Parks) and Dr. Agnes Lee Agama also joined the meeting for specific topics.

Presentations and topics discussed throughout the day included: Projek Etnobotani Kinabalu; international framework for access and benefit sharing (ABS); Sabah's framework for ABS; project aims, activities, outputs, and outcomes; proposed workplan for the first year; and linkages with other related initiatives around Mount Kinabalu (including a proposed wildlife corridor, Biosphere Reserve, and collaborations between Kinabalu Park and surrounding communities). Natural Justice thanks all of the participants as well as SaBC for hosting the meeting.

New Book: Agrobiodiversity and the Law

2012-01-06T15:06:00.002+08:00

As agricultural biodiversity deteriorates with increased reliance on fewer and fewer crop varieties, it is vital that policies to encourage the protection of crop genetic resources are considered and promoted. A new book by Juliana Santilli published by Earthscan, ‘Agrobiodiversity and the Law: Regulating Genetic Resources, Food Security and Cultural Diversity’, takes on this challenge.

According to the online synopsis, "this book analyzes the impact of the legal system on agrobiodiversity (or agricultural biodiversity) – the diversity of agricultural species, varieties, and ecosystems. Using an interdisciplinary approach, it takes up the emerging concept of agrobiodiversity and its relationship with food security, nutrition, health, environmental sustainability, and climate change. It assesses the impacts on agrobiodiversity of key legal instruments, including seeds laws, the International Convention for the Protection of New Varieties of Plants, plant breeders’ rights, the Convention on Biological Diversity (regarding specifically its impact on agrobiodiversity), and the International Treaty on Plant Genetic Resources for Food and Agriculture. It also reviews the options for the implementation of these instruments at the national level in several countries. It discusses the interfaces between the free software movement, the ‘commons’ movement, and seeds, as well as the legal instruments to protect cultural heritage and their application to safeguard agrobiodiversity-rich systems. Finally, it analyzes the role of protected areas and the possibility of using geographical indications to enhance the value of agrobiodiversity products and processes."

Order the book here.

Kinabalu Biocultural Law Project

2011-12-20T08:47:00.000+08:00

On the 20th of December, Natural Justice and Borneo Conservancy entered into a Memorandum of Understanding relating to the Kinabalu Biocultural Law Project. The project will be undertaken in partnership with the Sabah Biodiversity Centre and will explore with a number of Dusun communities living around Kinabalu Park (Sabah, Malaysia) innovative ways of engaging with laws towards protecting their biological and cultural diversity. The project will build on the work undertaken by partners to the Projek Etnobotani Kinabalu (Kinabalu Ethnobotany Project) and a recent study on traditional ecological knowledge and Indigenous peoples' and community conserved areas (some outputs of which are available online). The project will also benefit from input from Dr. Agnes Lee Agama (South East Asia Coordinator of the Global Diversity Foundation) acting in her personal capacity. Natural Justice looks forward to working with the communities and team on the project.

L-R in the photo: Dorothy Lim, Lanash Thanda, Alice Mathew, and Daniel Doughty (Borneo Conservancy); Holly Shrumm and Harry Jonas (Natural Justice).

New Report: Land Rights and the Rush for Land

2011-12-17T08:31:00.000+08:00

The International Land Coalition (ILC), International Institute for Environment and Development (IIED), and Agricultural Research Centre for International Development (CIRAD) have released a new report entitled, "Land Rights and the Rush for Land: Findings of the Global Commercial Pressures on Land Research Project". Authored by Ward Anseeuw, Liz Alden Wily, Lorenzo Cotula, and Michael Taylor, the report is the culmination of a three-year research project that brought together 40 ILC members and partners to examine the characteristics, drivers, impacts, and trends of rapidly increasing commercial pressures on land.

According to the online synopsis, the report "strongly urges models of investment that do not involve large-scale land acquisitions, but rather work together with local land users, respecting their land rights and the ability of small-scale farmers themselves to play a key role in investing to meet the food and resource demands of the future. The conclusions of the report are based on case studies that provide indicative evidence of local and national realities, and on the ongoing global monitoring of large-scale land deals for which data are subject to a continuous process of verification." Although research and monitoring will continue, the report draws some conclusions and policy implications from the evidence already gathered.

The full report and executive summaries in English, French, and Spanish are available online.

Save Lamu Nominated for Human Rights Award

2011-12-11T17:04:00.001+08:00

Save Lamu, a coalition of Indigenous communities of Lamu, Kenya, has been working with Natural Justice to develop a biocultural community protocol (BCP) to call for transparency and participation in the development of a mega-port on their traditional lands and waters from the Kenyan Government. For its outstanding efforts to ensure fairness and dignity for the people of Lamu and Kenya, Save Lamu has been nominated to receive a Pwani Human Rights Award. The annual Pwani Human Rights Award, organized by Muslims for Human Rights (MUHURI), aims at recognizing individuals and organizations who are at the forefront of promoting and protecting civil liberties and fundamental freedoms in Kenya.

Congratulations to all representatives of Save Lamu for this well-deserved nomination! To support the efforts of Save Lamu please contact info@savelamu.org.

Submission to UN WG on Human Rights and TNCs

2011-12-09T19:20:00.001+08:00

On 8 December, Natural Justice and the Centre for Indigenous Knowledge and Organisational Development (CIKOD) made a joint submission on ‘Large-Scale, Industrial Methods of Extraction, Production, and Development and their Impacts on the Rights of Indigenous Peoples and Local Communities’ to the UN Working Group on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises.

The submission documents the varied and significant negative impacts of industrial extraction of natural resources, large‐scale energy and infrastructure development projects, and industrial production systems such as agriculture and fishing on Indigenous peoples and local communities. These impacts include, among others, the violation of human rights, environmental destruction, disempowerment, poverty, displacement, and adverse effects on health, local development, cultures, and tradition.

The submission then elaborates the protections of the international rights of Indigenous peoples and local communities most often violated when companies or governments engage in such activities. It also describes some of the challenges faced by different stakeholders in following these obligations and details some of the work done by communities to proactively assert their rights.

Finally, the submission closes with specific recommendations to the Working Group to ensure Indigenous peoples and local communities are guaranteed the fullest legal protection in these situations.

Download the full submission here. Find other legal submissions by Natural Justice here.

Conference on the Nagoya Protocol

2011-12-04T15:29:00.000+08:00

Harry Jonas (Natural Justice) attended a conference at the University of Edinburgh from 2-3 of December focusing on the Nagoya Protocol. Many of the attendees were integral to the negotiation of the protocol and included presentations from: Valerie Normand (Secretariat of the Convention on Biological Diversity); Maria Julia Oliva (Union for Ethical Biotrade), Alphonse Kambu (UNEP); Charlotte Salpin (UNDOALOS); Claudio Chiarolla (IDDRI); and Tomme Young. Harry presented a paper he is co-authoring with Peter Munyi on the opportunities and challenges relating to the implementation of Articles 6, 7, 12 and 21 of the Nagoya protocol with reference to the San-Hoodia case and the ongoing experiences of the Traditional Healers of Bushbuckridge. The conference papers will be published in a forthcoming book edited by Elisa Morgera, Matthias Buck and Elsa Tsiomani. There was also a session reviewing a forthcoming commentary on the Nagoya Protocol, which will augment the book. Harry thanks Elisa Morgera and her team for the kind invitation.

Presenting BCPs in the Mau Forest

2011-12-03T15:09:00.000+08:00

With a long history of exclusion from their traditional homes and increasing pressures on land tenure from politically connected outsiders, the Ogiek community is engaging in domestic and international legal action to protect their rights. The Ogiek Peoples' Development Program (OPDP), a key organisation in this process, suggested that Natural Justice could assist in supporting the Ogiek to establish their rights over their lands and resources. OPDP and Natural Justice agreed that one mechanism to help consolidate community sentiment around land and conservation and supplement the pending court cases could be a Biocultural Community Protocol (BCP).

On 2nd December, Natural Justice travelled to meet with over 50 elders and other representatives of the Ogiek community of the Mau Forest, near Nakuru, Kenya, to explain the principles of BCPs and ascertain if the community was interested in pursuing a BCP. At the meeting Natural Justice presented on the process of developing a BCP, focusing on the importance of engaging the broadest possible section of the community through all stages of the BCP development.

After this presentation community members asked questions about the practical steps needed to establish a BCP. They offered suggestions on how to ensure full participation. The attendees unanimously endorsed OPDP's suggestion that a BCP process should be initiated.

International Law Discussion Group

2011-12-02T16:07:00.000+08:00

On 1 December, Harry Jonas (Natural Justice) met with Edinburgh University’s International Law Discussion Group to present on Natural Justice’s work. PhD and Masters students engaged with the local application of international law and considered the complexities, opportunities and challenges of using a variety of legal frameworks to effect social and environmental change. Harry thanks David Rossati and Professor Elisa Morgera for the opportunity.

BCPs, REDD+ and CBD Safeguards at COP17

2011-12-02T12:10:00.000+08:00

On 1 December at the 17th Conference of the Parties (COP17) to the UN Framework Convention on Climate Change (UNFCCC) in Durban, South Africa, Natural Justice co-hosted a panel entitled "Biocultural Protocols: Lessons for REDD+ Safeguards from the CBD Experiences". The event was hosted in collaboration with the Indigenous Peoples of Africa Coordinating Committee (IPACC), the Indigenous Peoples Climate Change Assessment (IPCCA), and the Global Forest Coalition (GFC).

The purpose of the panel was to raise awareness of a number of decisions, tools and guidelines that have been developed under the auspices of the Convention on Biological Diversity (CBD) during its 20-year history and to highlight their usefulness and cross-leverage rights to mitigate risks associated with Reducing Emissions from Deforestation and Forest Degradation in Developing Countries (REDD+).

Panelists included Johannes Stahl (CBD Secretariat), Simone Lovera (GFC), Kanyinke Sena (IPACC), Alejandro Argumedo and Kaylena Bray (IPCCA), and Kabir Bavikatte (Natural Justice). After highlighting the risks and opportunities of REDD+, panelists mentioned, among other things, the possible value of guidelines developed under the CBD for implementing REDD+, including the Akwé: Kon Guidelines (for the conduct of cultural, environmental and social impact assessments regarding developments proposed to take place on, or which are likely to impact on, sacred sites and on lands and waters traditionally occupied or used by indigenous and local communities) and the Tkarihwaié:ri Code of Ethical Conduct to Ensure Respect for the Cultural and Intellectual Heritage of Indigenous and Local Communities. Another mechanism that was especially highlighted was the use of biocultural community protocols in the context of REDD+.

BCP Initiative Meeting in Nairobi

2011-12-01T17:18:00.000+08:00

On 30th November, Natural Justice hosted participants and partners of the African BCP Initiative in Nairobi. Members of the Initiative presented on their Biocultural Community Protocol (BCP) development workplans and implementation and members and partners offered feedback on ensuring meaningful BCPs. Throughout the day the key themes that emerged were the importance of good process in preparing BCPs and ideas for increasing the practical uses of BCPs.

Members represented a wide range of communities. The Centre for Indigenous Knowledge and Organizational Development (CIKOD) described the work of two communities in Ghana who are preparing BCPs to protect the Shea Tree and coastal sacred groves. Local organizations working with pastoralist communities in Ilkesumeti and Kivulini, Kenya, shared their aims, which primarily address issues of land security, and the process through which they are engaging with their respective communities to ensure community ownership of the BCPs. Save Lamu presented on the BCP they are developing to enable local communities in Lamu to assert their rights as the Kenyan government prepares to build a major port in Lamu without any meaningful community consultation. MELCA Ethiopia illustrated the BCP being prepared with communities in Sheka Forest to consolidate their land rights and assert their traditional practices of conserving the forest. Representatives from the Laikipia Abandoned Lands Project and the USAID SECURE Project shared successes in community protection of land rights and developments in Kenyan law relevant to communities.

The meeting closed with a discussion of the meaning of good process in BCP development, which focused on the importance of full and effective community engagement in each step of the process. It was emphasised that an inclusive process will increase the usefulness of the BCP in asserting community rights. Participants also expressed their desire to build and deepen linkages between communities with BCPs to share ideas and broaden the recognition of BCPs by states and other actors as legitimate vehicles of community self-assertion.

BCPs and Livestock Keepers' Rights in Nairobi

2011-11-30T23:00:00.000+08:00

With drought and disease showing the potential to devastate livestock breeds developed for concentrated production, traditionally bred livestock are gaining attention from conservationists and commercial interests. In this context, the role of Indigenous peoples in breeding these livestock across generations and in ensuring sustainable grazing is increasingly recognised. This recognition is the foundation of the growing movement for national and international rights for livestock keepers. Biocultural Community Protocols (BCPs), through which communities can articulate their ways of life and practices of livestock breeding and sustainable grazing, are an emerging vehicle for asserting these rights.

In this context, Natural Justice participated in “Biocultural Protocols: An emerging approach to strengthening livestock keeping communities”, a one-day workshop hosted by the League for Pastoral Peoples (LPP) and the LIFE Network on 29th November in Karen, Nairobi, Kenya. Representatives from governments, NGOs, international organisations, and livestock keepers from six countries attended.

Jacob Wanyama (LIFE Network) presented on the history of the movement for livestock keepers' rights and Ilse Kohler-Rollefson (LPP) shared general comments on pastoralists, the breeds of livestock that they have developed, and the highly sustainable and promising ways in which they use and conserve the areas in which they live. Mwai Okeyo (International Livestock Research Institute) presented on the incredible lack of diversity in commercially promoted breeds of cattle around the world, the susceptibility of these breeds to drought and disease in Kenya, the comparative advantages of indigenous breeds through these conditions, and the challenges in protecting indigenous breeds from replacement or cross-breeding.

Gino Cocchiaro (Natural Justice) presented on the history of BCPs, their emerging significance and recognition in international law and policy especially in relation to the Convention on Biological Diversity and the Nagoya Protocol, and the importance of participatory processes for developing BCPs. Two communities who have already developed BCPs, the Raika of Rajasthan, India, and the Samburu of Kenya, presented on their objectives, the experience of BCP development, and some of the initial reception to their respective BCPs.

The participants were then divided into working groups to discuss whether BCPs were appropriate for livestock keepers and how BCPs can become more practical. The day closed with the working groups affirming the potential for livestock keepers to utilise BCPs and action points including the importance of building linkages between various communities developing BCPs and increasing the number of BCPs developed to gradually increase the significance and usefulness of BCPs.

Third Biotrade Pilot in Vohimana, Madagascar

2011-11-12T16:23:00.001+08:00

From 9-10 November, the last of three pilots linking the use of elements of biocultural community protocols (BCPs) in a Ethical BioTrade context took place in Vohimana, Madagascar. The series of pilots is part of a joined project between the Union for Ethical Biotrade (UEBT), GIZ, and Natural Justice aiming to explore the use of BCPs as a means to support UEBT members to strengthen their relationships with the local communities from whom they source natural ingredients. Vohimana is a 1600-hectare (ha) experimental reserve created by the NGO L'Homme et L'Environment. The area is a biodiversity hotspot and is divided into an 800 ha conservation zone, a reforestation zone, a production zone, and a residential area where several villages are located. In addition to conservation and restoration, the aim of the reserve is to generate sustainable livelihoods through promoting a range of activities that support the local communities to use the area sustainably. The activities include the promotion of a number of small micro-businesses ranging from eco-tourism to the production of essential oils used as ingredients for cosmetics.

For the production of essential oils, a number of local plants are either wildly harvested or locally cultivated. They include a number of ginger species, as well as cardamon, turmeric, and iary, which are subsequently locally distilled into essential oils that pass a range of international quality standards, allowing the oil to be fit for exportation. The local communities have formed an association of collectors, harvesters and distillers called APPUI PAM Manara-penitra, which has 46 active members. This association's only client is a company called Aroma Forest, a UEBT member since 2010, though most of its engagement with the company takes currently place through L'Homme et L'Environment.

The two-day session was facilitated by an independent consultant who had held three community meetings beforehand. The two days were split between another community internal discussion, followed up by a dialogue between APPUI PAM and L'Homme et L'Environment. In the dialogue, participants discussed the challenges they were facing, commitments towards sustainable wild cultivation and harvesting, and mutual expectations for the future. Key elements of the discussion included, among others, challenges they were facing with respect to administrative expenses and procedures, the need for child care facilities at different locations, the hope to increase cultivation to increase supply, and the long-term aim of the association to become more independent from the NGO and deal more directly with Aroma Forest. The session was concluded with participants acknowledging the importance of such discussions and the importance of keeping this process ongoing. The next meeting date was established for the 7th of December, this time to also include Aroma Forest as the third stakeholder in the relationship.

Natural Justice Seeking Francophone Lawyer for Africa

2011-11-11T13:21:00.004+08:00

Natural Justice: Lawyers for Communities and the Environment is seeking a Francophone lawyer or legal practitioner for its African projects. The lawyer/legal practitioner would primarily be working on the interface between community rights and environmental law, described as bio-cultural rights, and ideally would have a background in these fields. He/she would be required to assist in regional projects advising communities, community based organizations (CBOs), non-governmental organizations (NGOs), and governments on relevant human rights and environmental law and policy, including the Nagoya Protocol on Access and Benefit Sharing under the Convention on Biological Diversity.

The individual should be fluent in English and French and be able to communicate technical legal language to a wide range of audiences, ranging from communities to policy makers and international negotiators. The lawyer/legal practitioner would be based out of the Cape Town, South Africa, office and be required to travel frequently. The full call for applications can be read below.

Position: Legal Advisor for Francophone Africa
Organisation: Natural Justice: Lawyers for communities and the environment
Location: Cape Town, SA
Start date: Immediate
Deadline: December 9, 2011

Natural Justice: Lawyers for Communities and the Environment is seeking a lawyer with experience in Francophone Africa to guide Natural Justice's work in the region, based out of the organization's office in Cape Town, South Africa, with frequent travel. The lawyer will primarily work on providing legal advice on international, regional and national human rights and environmental law and policy to Natural Justice and its partners in Francophone Africa. The lawyer will assist in regional projects advising communities, community-based organisations (CBOs), non-governmental organisations and governments on relevant laws and policies that seek to safeguard biodiversity and the role of communities as stewards of biodiversity and associated traditional knowledge, including the Nagoya Protocol to the Convention on Biological Diversity on Access and Benefit Sharing. The position will initially be for one year with potential for extension.

Natural Justice: Lawyers for Communities and the Environment is an international collective of legal practitioners that was established in South Africa in January 2007 with the vision of using the law to ensure the conservation and sustainable use of biodiversity through the self-determination of Indigenous peoples and local communities. Natural Justice’s mission is to facilitate the full and effective participation of communities in the development and implementation of law and policy that impacts biodiversity and associated cultural heritage. In order to realize this, Natural Justice works closely with communities on the ground while simultaneously engaging with governmental and intergovernmental processes at the national and international level to ensure the effective representation of community concerns. Natural Justice currently advises and assists communities, CBOs and governments in Africa, Asia and Latin America. Natural Justice also provides technical support to a number of inter-governmental organizations including the UNEP, UNESCO, FAO and the UNDP. Please refer to our website and our blog for further information. Candidates should submit their CV and a letter of motivation via email to gino@naturaljustice.org by December 9, 2011.

Responsibilities
• Provide legal advice to Natural Justice partners in francophone Africa on relevant human rights and environmental law and policy in international and regional legal frameworks;
• Research relevant international and national legal frameworks and jurisprudence for Natural Justice partners as necessary;
• Support communities to develop of bio-cultural community protocols (BCPs)1 through Natural Justice’s African BCP Initiative;
• Assist NJ in drafting publications based on its work in Africa;
• Explore new potential areas of work and engage with potential partners and donors in Francophone Africa;
• Guide the translation of NJ publications and other documents from French to English and English to French;
• Liaise and share information with the organizations partners in Asia and Latin America;
• Supporting African governments to draft and/or implement ABS legislation in accordance with the Nagoya Protocol.

Required
• LLB or equivalent degree or experience as a legal practitioner.
• Fluent in French and English
• Knowledge of regional and international human rights and environmental laws, including the Convention on Biological Diversity
• Ability to travel frequently

Desired
• At least one year experience as a lawyer in francophone Africa, including work utilizing regional and international bio-cultural legal frameworks
• Experience in drafting, reviewing and/or advising on legislation

For further information on the position, please contact Gino Cocchiaro at gino@naturaljustice.org.

Footnote 1: Biocultural community protocols (BCPs) are community‐led instruments that promote participatory advocacy for the recognition and support for ways of life based on the customary and sustainable use of biodiversity, according to standards and procedures set out in customary, national and international laws and policies. In this sense, biocultural community protocols are community‐specific declarations of the right to diversity and claims to social pluralism. Their value and integrity lie in the process that communities undertake to develop them, in what the protocols represent to the community, and in their future uses and impacts.

Working Group on Article 8(j) Concludes in Montreal

2011-11-04T23:50:00.000+08:00

The 7th Meeting of the Working Group on Article 8(j) and Related Provisions (WG8(j)-7) concluded in the evening of 4 November in Montreal. Throughout the week, delegates considered a range of issues, including:

Progress report on the Programme of Work on Article 8(j) and related provisions;
Mechanisms to promote the effective participation of Indigenous peoples and local communities in matters related to the objectives of Article 8(j) and related provisions of the CBD;
Multi-year Programme of Work on the implementation of Article 8(j) and related provisions, with a new major component on Article 10 with a focus on Article 10(c), as well as focus on development of sui generis systems for the protection of traditional knowledge and development of indicators relevant for traditional knowledge and customary use;
In-depth dialogue on thematic areas and other cross-cutting issues of ecosystem management, ecosystem services, and protected areas;
Recommendations from the United Nations Permanent Forum on Indigenous Issues; and
Adoption of recommendations.

The Secretariat’s meeting report and all of the in-session documents, including L docs with draft recommendations submitted by the Chair, are available online. For more detailed information about the negotiations' outcomes, read the Earth Negotiations Bulletin summary and analysis.

Side Events on BCPs, REDD, ABS, and Protected Areas

2011-11-03T21:51:00.003+08:00

At the 7th meeting of the Working Group on Article 8(j) (WG8(j)) held in Montreal from 31 October to 4 November, Natural Justice participated in four side events hosted by other organizations. The first side event hosted by Asociacion ANDES and the International Institute for Environment and Development (IIED) was entitled, "Customary Norms and Biocultural Protocols in the Potato Park, Peru" and focused on the development of an inter-community agreement for equitable benefit-sharing based on Quechua customary laws, and the role of the agreement in strengthening local economies and knowledge systems. The side event also launched a new publication on the biocultural protocol of the six Quechua communities that established, governed and managed the Potato Park as an in-situ gene bank under their stewardship.

The second side event was hosted by the Indigenous Peoples Biocultural Climate Change Assessment Initiative (IPCCA) and explored a variety of perspectives related to the use of biocultural protocols for protecting and promoting traditional knowledge, practices and innovation systems of Indigenous peoples and local communities. It focused on how biocultural protocols can become a tool for empowering Indigenous peoples and drive the local implementation of Articles 8(j) and 10(c) of the Convention on Biological Diversity. The presenters at the side event discussed why biocultural protocols are critical for maintaining cultural symbols, beliefs, attitudes, values, expectations, and norms of behavior associated with respect for Mother Earth. They also discussed how biocultural protocols could be strategically used as tools to affirm community rights to their territories, to contribute to the management of Indigenous territories and ecosystems, and for fostering socio-economic development based on biocultural heritage. Examples of biocultural protocols applied in the context of access and use of genetic resources and traditional knowledge and Reducing Emissions from Deforestation and Forest Degradation in Developing Countries (REDD) were also presented.

Natural Justice also participated in a side event hosted by India's National Biodiversity Authority and Ministry of Environment and Forests. The side event, entitled "Traditional Knowledge and Access and Benefit Sharing: Examples from India", discussed efforts by the government of India in protecting traditional knowledge and securing the rights of Indian communities to the same. Kabir Bavikatte (Natural Justice) presented on biocultural community protocols developed by Indigenous peoples and local communities in India to protect their traditional knowledge and explained how these protocols can be used to effectively implement the Indian Biodiversity Act in a manner that recognizes the rights of these communities to their collective biocultural heritage.

Finally, Natural Justice presented at a side event hosted by GIZ and UNEP on access and benefit sharing and the Programme of Work on Protected Areas (PoWPA), focusing on reporting on the outcomes of a meeting on the same held in Gland in July 2011.

Side Event on Recognizing and Supporting ICCAs

2011-11-02T15:58:00.002+08:00

Women in Pa' Upan, Krayan Selatan, Indonesia.
Credit: Cristina Eghenter

On Wednesday, 2 November at the 7th Working Group on Article 8(j) and Related Provisions (WG8(j)), Natural Justice co-hosted a side event with the Union of Indigenous Nomadic Pastoralist Tribes of Iran and the ICCA Consortium entitled, “Recognizing and Supporting Territories and Areas Conserved by Indigenous Peoples and Local Communities”. It included a number of presentations from Indigenous peoples’ and local communities’ experiences and lessons learned with the recognition and support of ICCAs in different contexts.

Territories and areas conserved by Indigenous peoples and local communities (also known as ICCAs) are a phenomenon of global significance for the earth's biodiversity and ecosystem functions, cultural and linguistic diversity, and livelihood security. If appropriately recognized and supported, ICCAs could account for the conservation of as much land and natural resources around the world as those currently under government protected areas. Since 2003 and 2004, respectively, the International Union for Conservation of Nature (IUCN) and the CBD Programme of Work on Protected Areas (PoWPA) have stressed the need to better understand and appropriately support ICCAs. CBD Decision X/31 also calls upon Parties to recognize the role of ICCAs in biodiversity conservation, collaborative management, and the diversification of protected area governance types.

Taghi Farvar (Union of Indigenous Nomadic Pastoralist Tribes of Iran) opened the side event by providing an overview of the global phenomenon, significance, and international recognition of ICCAs. Onel Masardule (Fundación Para la Promoción del Conocimiento Indígena, Panama) described the intrinsic connections between Indigenous peoples, nature, and territories and the role of ICCAs (or locally named equivalents) as alternatives to state protected areas that provide an opportunity to reclaim control over ancestral territories, strengthen traditional authorities, and recognize rights and local priorities.

Anchalee Phonklieng (IMPECT, Thailand) illustrated customary understandings and management of sacred areas in Karen territories. Some areas and plant and animal species have strong taboos associated with them and require strict observance of ceremonies and rituals, which in turn, help stimulate the community’s commitment to taking care of these areas and species. She noted that national policies created a derogatory sense of “primitiveness”, but that her community is now more aware of the multiple values of their customary practices, including in conserving biodiversity. She also highlighted the importance of having a strong education system to pass on knowledge, practices, and beliefs to younger generations.

Thora Martina Hermann (University of Montreal) spoke about the Naskapi First Nation legend of the Caribou Heaven and the process of recognizing it as a sacred area in a new national park in Québec. The designation was proposed by the Naskapi Elders Advisory Council and the Council of the Naskapi Nation and included a recommendation that an elder always be a member of the management committee and that cultural information be included in educational materials. A number of mining projects in northern Québec as well as the proposed establishment of 15 new national parks on Indigenous territories led to the Naskapi and Cree Nations calling together for all Indigenous sacred sites to be recognized as such in national parks. She highlighted the complexity of working within multiple jurisdictional layers of protected area legislation.

Jocelyne Garrett shared the experiences of the Brokenhead Ojibwe of southern Manitoba, who wanted to protect the rare wetlands in their ancestral territory from external threats such as mining. After a process of community-based research that combined Western science and traditional knowledge and 8 years of negotiations, the area was designed an Ecological Reserve, the highest form of environmental protection in Canada. The Ojibwe still have access to sacred areas and medicinal plants, among other things, and manage the Reserve in partnership with Manitoba Model Forestry and Native Orchid Conservation. They were recently awarded $1 million to build a boardwalk in the Reserve to mitigate tourism pressure upon the sensitive wetlands. It was noted during discussion that each society has a cosmovision that gives rise to a scientific system and that equitable valuation of those systems is an essential part of respecting customary governance and management systems.

Gunn-Britt Retter (Saami Council) described the situation of the Saami in Norway, saying that respect for traditional management in the northern areas has decreased because of increasing demand for energy and resources, extraction of which is moving north due to the majority of the south being privately owned. She noted that the Saami people are literally being squeezed “from all sides”, with an increasing number of mines, state-governed protected areas, wind mills, and other developments encroaching steadily into their customary territories and rangelands. Lamenting the fact that the Saami have achieved significant recognition of cultural heritage rights, including language, but not yet secure land and resource rights, Retter emphasized that territory is the absolute foundation of Saami culture. Though discontinued and apologized for several years ago, she highlighted the state’s official Norwegianization policy as responsible for the continuing “colonization of the mind” and the general sentiment of “to be Saami is to be oppressed”. Citing lack of participation as the main reason for generally rejecting new state protected areas, the Saami Parliament may now consider establishing their own protected areas according to customary management systems. Questions remain about how to determine boundaries amidst pressure from mining companies to snap up unclaimed land.

Eloise Schnierer (Watego Legal and Consulting) described the overall legal context and intricacies of realizing Indigenous peoples’ rights in Australia, including the Native Title Act, the Torres Straight Regional Seas Claim and Blue Mud Bay Decision, and the Indigenous Protected Areas system. In contrast with the Saami experience, she noted that many Indigenous peoples now have land, but no sustainable financing mechanism to manage it or to support cultural heritage and languages. She highlighted Traditional Use of Marine Resource Agreements in the Great Barrier Reef Park and the use of community protocols in the Northern Territories as examples of ways to overcome the great differences between local knowledge and Western science conservation-focused knowledge and different values and motivations therein. She underscored the importance of land and resource rights in addition to cultural rights as the legal foundation for supporting Indigenous peoples’ ways of life.

Holly Shrumm (Natural Justice) gave the closing presentation, providing an overview of a forthcoming volume of the CBD Technical Series on recognizing and supporting ICCAs as well as of the second phase of a global legal review on provisions that support or hinder ICCAs at the national, regional, and international levels. This follows from the first phase review, which can be downloaded here.

Roundtable on Indigenous Peoples' Territories at WG8(j)

2011-11-01T13:02:00.003+08:00

On Tuesday, 1 November at the 7th Working Group on Article 8(j) and Related Provisions (WG8(j)), Natural Justice hosted a roundtable on Indigenous peoples’ territories and community conserved areas. Members of Indigenous peoples and local communities from Zimbabwe, Australia, Canada, and Iran shared their experiences with varying types of legal recognition of collective rights to territories, areas, and resources, recognition of customary governance and management systems, and identity as a function of cultural connection to lands and waters.

Inappropriate forms of recognition and support was a common theme, particularly in cases where government or market-based mechanisms either retain ownership or decision-making power or have the potential to significantly undermine that of communities, primarily due to lack of attention to governance issues and inequitable sharing of costs and benefits. Other major barriers and challenges include far-reaching assimilationist policies, lack of full and effective participation of Indigenous peoples and local communities in decision-making processes that affect them, and a “clash of values” between customary and state legal systems and the collective and individual rights that they respectively elicit.

Forest Peoples' Experiences with Implementation of Article 10(c)

2011-10-31T12:15:00.000+08:00

On the opening day of the 7th Working Group on Article 8(j) and Related Provisions (WG8(j)), the Forest Peoples Programme (FPP) and the Secretariat of the Convention on Biological Diversity (SCBD) co-hosted a side event entitled, “Content and Implementation of the New Major Component of Work on Customary Sustainable Use (Article 10(c)) in the Programme of Work on Article 8(j) and Related Provisions”. John Scott (SCBD) stressed the fundamental nature of Article 10(c) to Indigenous peoples’ and local communities’ ways of life, highlighted the experts’ meeting on Article 10(c) held in June, and encouraged Parties to take into account the Addis Ababa Guidelines.

Caroline de Jong (FPP) introduced the “10(c) project”, which has been ongoing since 2004 and comprised of documenting customary practices, rules, and laws and their relation to conservation and sustainable use, identifying threats to customary systems, and providing recommendations for more effective implementation of Article 10(c). The remainder of the presentation was given by a group of FPP partners: Kid James (Wapichan people, Guyana); Auchalee Phonklieng and Sakda Saenmi (Karen people, IMPECT, Thailand); and Muhammed Abdul Baten (traditional resource users of the Sundarbans, Unnayan Onneshan, Bangladesh).

Barriers and challenges to the implementation of Article 10(c) include: lack of recognition of customary sustainable management of natural resources; continuation of top-down and paternalistic conservation policies; lack of recognition of traditional institutions and authorities and customary laws; lack of secure rights to territories and free, prior and informed consent; external pressures such as mining, logging, plantations, infrastructure projects, dams, and individual land titling to outsiders, which contribute to the destruction of traditional areas and reduced access to resources and in turn, of traditional knowledge and customary practices; lack of understanding among policy-makers about Indigenous peoples’ ways of life and relations with lands and resources; mainstream education and assimilationist policies; insufficient and inequitable participation of Indigenous peoples and local communities in state protected areas.

Despite these barriers, a range of community initiatives are enhancing implementation of Article 10(c) from the ground up. These include, among others: community-based research to document and communicate customary sustainable use, for example, mapping, videos, and monitoring of biodiversity and illegal resource activities (such as logging); training on customary practices, developing community-based management plans, and inter-community agreements about conserving specific areas. Maps in particular were noted as very important in the struggle for land recognition and helping government and conservation agencies understand communities’ ways of life. Governance and principles like free, prior and informed consent were highlighted as fundamental to ensuring ecosystem sustainability and the security and wellbeing of communities for future generations.

The presenters noted two main issues that were missing from the tasks of the draft component of work on Article 10(c), namely, climate change (including impacts on territories and roles of traditional knowledge and practices in mitigation and adaptation) and gender considerations.

During the question and answer period, the following issues were discussed: legal recognition of territorial rights is the basis of traditional knowledge and customary use – in other words, rights to traditional knowledge cannot be recognized without recognizing rights to territory; given the many similarities across regions, it’s important to have Indigenous-to-Indigenous sharing and cooperation, including on methodologies for documentation and communication; territories are not always static or well-defined areas and may shift, depending on the resources and increasingly, due to climate change.

NJ in Montreal for Working Group on Article 8(j)

2011-10-29T23:03:00.000+08:00

Kabir Bavikatte and Holly Shrumm (Natural Justice) are in Montreal, Canada, for the 7th Meeting of the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions (WG8(j)). The meeting will take place from 31 October to 4 November and will be preceded by a capacity building workshop on access and benefit sharing from 29-30 October.

Natural Justice will co-host and participate in a range of side events and meetings and will post reports on this blog throughout the week. Daily coverage of the negotiations will be provided by IISD Reporting Services.

Exploring Access and Benefit Sharing in the ASEAN Region

2011-10-27T22:24:00.002+08:00

Harry Jonas (Natural Justice) attended an ASEAN regional capacity development workshop on access and benefit sharing (ABS) in Manila, Philippines, from 25-26 October. The workshop was organized by the ASEAN Centre for Biodiversity and was attended by government officials, international organizations, NGOs, and academics. Over the two days, attendees heard presentations on the history of the Nagoya Protocol and experiences of national implementation from across the region and discussed challenges and opportunities. Natural Justice presented on our work and launched a publication entitled Community Protocols and ABS.

Building Capacity of Conservation Groups on ABS

2011-10-26T23:53:00.017+08:00

On 26 October, the ABS Capacity Development Initiative and Conservation International hosted a one-day capacity building event for conservation organisations in the Washington, D.C., area on access and benefit sharing (ABS). Entitled "ABS and Conservation: Opportunities and Challenges for the Future", the event included speakers who have been working in the ABS context for many years, including Pierre du Plessis from CRIAA and Jorge Cabrera from INBio, Costa Rica. Johanna von Braun (Natural Justice) also presented on the use of biocultural community protocols for the implementation of ABS at the local level.

The event provided participants with a general overview of ABS, the Nagoya Protocol and a number of case studies, and raised question in terms of the overlaps between ABS and conservation and how ABS should function as an incentive for conservation. A number of participants particularly highlighted the importance of linking questions related to resource governance to conservation and ABS and the importance of connecting questions regarding resource rights to establishing successful ABS incentive schemes that lead to conservation and sustainable use of biodiversity. The day ended with a fruitful discussion and brainstorming session on the particular role that conservation groups such Conservation International can play in making ABS work in practice.

New Publication on Community Protocols in Peru

2011-10-25T23:05:00.001+08:00

Asociacion ANDES, the Quechua communities of the Potato Park, and the International Institute for Environment and Development (IIED) have released a new publication entitled, "Community Biocultural Protocols: Building Mechanisms for Access and Benefit-sharing Among the Communities of the Potato Park based on Quechua Customary Norms".

The description is as follows: "The Potato Park communities in Peru are deeply committed to the conservation of biocultural resources, associated knowledge, and indigenous rights, and undertook this research to further investigate the role of customary norms and institutions in the protection of traditional knowledge (TK) and resources. The development of a Biocultural Protocol, in the form of the Inter-community Agreement for Equitable Access and Benefit Sharing, is the result of their efforts. In addition to providing a valuable example of effective community-based protection of TK and genetic or biological resources in praxis, this initiative is also one of only a handful of examples worldwide of working models that stem directly from customary laws and norms.

Given the present international paucity of models that adequately value and protect indigenous and local community rights, biodiversity and customary norms and practices in relation to benefit sharing and access to resources and knowledge – the present initiative may further serve as an example of best practice in relation to the implementation of the Nagoya Protocol. Spanish translation is forthcoming." More information is available on the IIED website on biocultural heritage.

ABS Initiative Workshop in Malawi

2011-10-23T11:17:00.032+08:00

Kabir Bavikatte and Sabine Zajderman (Natural Justice) attended the Fourth Access and Benefit Sharing (ABS) Workshop for Eastern and Southern Africa in Malawi from 17-22 October. The workshop, organized by the ABS Capacity Development Initiative for Africa (ABS Initiative) and hosted by the Environmental Affairs Department of Malawi, was the first in the sub-region since the adoption of the Nagoya Protocol at the 10th Conference of the Parties to the Convention on Biological Diversity (CBD). In light of this development, African countries are now discussing and identifying relevant ABS strategies at national, sub-regional, and regional levels to address the challenge of implementing the Nagoya Protocol. This meeting also echoed the Fourth ABS Sub-Regional Workshop for West Africa and the Maghreb, which was coordinated and facilitated by the ABS Initiative in collaboration with the Ministry of Environment and Sanitation of Mali and held in Bamako, Mali, from 26 September to 1 October.

The first four days of the workshop in Malawi aimed to inform the participants about the provisions of the Nagoya Protocol and provide them with a platform to share national experiences with implementing ABS, discuss key challenges while exploring national and sub-regional concerns, and identify capacity gaps and priority areas for action at the political and technical–administrative levels. Participants were first introduced to the Nagoya Protocol and its implications for national policies and legislation and were invited to discuss different policy choices – protective vs. market-oriented, governance and administrative structures, and definition of rights – for national implementation as well as potential coordination and harmonization strategies at sub-regional and regional levels. The use of the active ingredient of the Strophanthus Kombe seed harvested in the Lake Region of Malawi and the benefit sharing mechanism developed by TreeCrops with the local communities illustrated the main challenges faced at the local level and the complexity at times to discern a biotrade case from an ABS case.

The workshop ended with a two-day session exclusively focusing on practical approaches and methods in the field of Communication, Education and Public Awareness (CEPA) in the context of ABS. During this time, participants reflected on the development of sensible solutions and tools for dialogue to address the various communication challenges encountered with different stakeholders groups.

ABS Training Course in Nairobi

2011-10-16T03:26:00.000+08:00

Sabine Zajderman and Laureen Manuel (Natural Justice) attended a 5-day training course on access and benefit sharing (ABS) in Nairobi, Kenya, from 10-14 October. The course was aimed at addressing the capacity constraints faced by African countries in implementing ABS at the national and regional levels. About 30 delegates working in the field of ABS from East and Southern Africa attended the course, which was hosted by the Strathmore Executive Legal Education Programme (SELEP) in collaboration with the ABS Capacity Development Initiative for Africa. The course contents, designed by the Environmental Evaluation Unit of the University of Cape Town, included presentations on the key provisions of the Nagoya Protocol, traditional knowledge issues, and intellectual property rights, as well as case studies of actual experiences with ABS in Africa.

First Symposium on ICCAs in Indonesia

2011-10-15T09:43:00.000+08:00

Harry Jonas and Holly Shrumm (Natural Justice) attended the first-ever national symposium on the status, prospects, options, and opportunities for Indigenous peoples' conserved territories and areas conserved by Indigenous peoples and local communities (ICCAs) in Indonesia, organized by the People's Coalition for Fisheries Justice (KIARA), the Non-Timber Forest Products Exchange Programme for South and South-east Asia (NTFP-EP), Forest Peoples Programme, the ICCA Consortium, and WWF-Indonesia. The symposium took place from 13-14 October at the CIFOR campus in Bogor with support from The Christensen Fund, UNDP, GIZ, and WWF-Indonesia.

The two days comprised a number of presentations on diverse community experiences with conserved territories and areas across Indonesia, as well as a select few from other countries such as Iran, Panama, and the Philippines. The legal framework, including challenges and opportunities for official recognition of ICCAs, was elaborated by local legal NGO HuMa. Working groups discussed a range of questions, including the extent and local expressions and types of ICCAs in Indonesia; barriers to appropriate recognition and support; and future steps to promote the rights of Indigenous peoples and local communities, livelihoods, and conservation. Many thanks to Crissy Guerrero and the rest of the organizing committee for hosting us in Bogor!

ICCA Consortium General Assembly in Bogor

2011-10-13T10:16:00.001+08:00

Natural Justice participated in the 4th General Assembly of the ICCA Consortium on 12 October in Bogor, Indonesia, at the CIFOR campus. It was attended by 31 people, including representatives of Member organizations, Honorary Members, and the new regional co-coordinators. The Assembly included reports from the President (Taghi Farvar), Coordinator (Grazia Borrini-Feyerabend), Treasurer (Stan Stevens), Auditor of Accounts (Maurizio Farhan Ferrari), Chair of the Statutes Committee (Harry Jonas), regional coordinators, and Global Communications Officer (Vanessa Reid). The Assembly resulted in the adoption of the 2012 budget, revised Statutes, draft Procedural Guidelines and Membership Policy, and Global Communication Plan.

ICCA Consortium Retreat in Indonesia

2011-10-12T10:22:00.128+08:00

Harry Jonas and Holly Shrumm (Natural Justice) participated in a retreat of the ICCA Consortium from 6-11 October in Prana Dewi, Bali, Indonesia. The 6-day agenda brought together the new regional co-coordinators, the Consortium Secretariat, and some Member organizations and Honorary Members for the first time to discuss and plan a range of issues and initiatives.

Internal matters that were discussed included a review of the mission, 2020 vision, structure, membership, and past activities of the Consortium. Participants worked to propose revised Statutes, draft Procedural Guidelines, draft Membership, Partnership, and Financial Policies, and a proposed communication system for consideration at the 4th General Assembly on 12 October.

A range of sources of support were presented and considered, particularly: 2.5-year funding from The Christensen Fund (TCF) to strengthen the Consortium as an emerging local-to-global institution; 1-year funding from the UNDP/EEG Equator Initiative and UNDP/GEF Small Grants Programme (SGP) for documentation and dissemination of information of ICCAs in the context of 2020 Aichi Biodiversity Targets; 1-year funding from SwedBio for a review of national, regional, and international laws, policies, and practices that support or hinder Indigenous peoples' conserved territories and areas conserved by Indigenous peoples and local communities; and ideas for a funding proposal on participatory action research and policy advocacy. Also discussed were ongoing and potential initiatives and partnerships with, among others: the Secretariat of the Convention on Biological Diversity (CBD); the International Union for Conservation of Nature (IUCN) Global Protected Areas Programme, Commission on Environmental, Economic and Social Policy (CEESP) and relevant Themes, and World Commission on Protected Areas (WCPA); the Wild Foundation; and the UNEP-WCMC ICCA Registry.

Participants discussed past and planned involvement in various United Nations and other international policy mechanisms related to Indigenous peoples and local communities, particularly concerning biodiversity, climate change, food and agriculture, conservation, human rights, and cultural rights. They deliberated core concepts such as territories and the right to self-determination in relation to community conserved areas, considered a revised term for ICCAs, and planned regional objectives and activities for the Consortium in the Americas, Africa, Europe, and Asia-Pacific. A brief field trip helped illustrate cultural and spiritual aspects of the local water management and cultivation system known as Subak.

Natural Justice would like to thank Grazia Borrini-Feyerabend and Vanessa Reid in particular for planning the retreat and the Samdhana Institute for hosting us at Prana Dewi.

Upcoming ICCA Consortium Events in Indonesia

2011-10-04T19:58:00.000+08:00

Harry Jonas and Holly Shrumm (Natural Justice) will be joining other members of the ICCA Consortium from 5-15 October in Indonesia for a series of events. At a retreat from 6-11 October, the Consortium Steering Committee and Regional Coordinators will tackle a number of issues ranging from the action plan, 2020 Vision, and ongoing initiatives and partnerships to a global legal review and strategic inputs to international policy fora.

The 4th General Assembly will be held on 12 October at the CIFOR Campus in Bogor. From 13-14 October, the first ever national symposium on ICCAs will take place in Bogor. It will explore the concept, practice, limitations, and opportunities of ICCAs in Indonesia and, if appropriate, provide initial stimulus and support to a broad alliance of organizations and people willing to engage in appropriate follow-up activities.

Indigenous Declaration on Climate Change and Traditional Knowledge

2011-10-03T10:23:00.000+08:00

As the next round of negotiations under the auspices of the UN Framework Convention on Climate Change (UNFCCC) opened in Panama, a gathering in Finland of Indigenous leaders from around the world has called upon the international community to remove scientific bias against Indigenous knowledge from climate change science and policy. The meeting adopted the Sevettijärvi Declaration, which calls upon the UN Intergovernmental Panel on Climate Change (IPCC) to make all efforts necessary to include Indigenous knowledge and local perspectives in its assessment processes.

The Indigenous Peoples' Biocultural Climate Change Assessment Initiative (IPCCA) network will be releasing a synthesis report of the results of their local assessments in 2012, which will include evidence of climate change, impacts and adaptation and mitigation responses from the most representative ecosystems on the planet and provide recommendations to policy makers for future actions. “Addressing climate change requires that climate justice be taken seriously”, said Paulina Feodoroff of the Skolt Sámi nation. “We remind the international community that the United Nations Declaration on the Rights of Indigenous Peoples establishes international minimum standards for the respect, protection and fulfillment of Indigenous peoples’ rights. The IPCC and others are therefore obliged to include traditional knowledge in assessment reports."

The Sevettijärvi Declaration (also available in Spanish) contains further analysis and examples of the climate change impacts on Indigenous peoples and includes specific requests to the IPCC, United Nations Permanent Forum on Indigenous Issues, and national governments on how ensure that Indigenous knowledge properly informs climate change science and policy.

African Regional CBD Consultations on REDD+

2011-09-24T16:03:00.007+08:00

Kabir Bavikatte and Johanna von Braun (Natural Justice) participated in the African regional consultation and capacity building workshop on reducing emissions from deforestation and forest degradation in developing countries (REDD)-plus and biodiversity safeguards. The consultation/workshop was held in Cape Town from 20-23 September and is one of three regional workshops that the Convention on Biological Diversity (CBD) Secretariat was requested to implement by Decision X/33 at the latest CBD Conference of the Parties. Natural Justice also attended the Asia regional consultation held in Singapore in March 2011.

At the workshop, different African countries presented on the status of their World Bank-supported Forest Carbon Partnership Facility (FCPF) REDD readiness preparation process. The participants were then divided into working groups that were required to provide recommendations on: a) developing advice on the application of relevant REDD-plus safeguards for biodiversity and Indigenous peoples and local communities; and b) identifying indicators to assess the contribution of REDD-plus to achieving the objectives of the CBD.

The participants also discussed the existing REDD-plus safeguards to see if they effectively addressed the concerns raised in the Global Expert Workshop on REDD-plus held in Nairobi from 20-23 September, 2010. These safeguards included the REDD-plus Social and Environmental Standards developed by the Climate, Community and Biodiversity Alliance; the draft UN-REDD Social and Environmental Principles and Criteria; the Cancun Safeguards; and the World Bank Safeguard Policies. The concerns included:

The conversion of natural forests to plantations and other land uses of low biodiversity value and low resilience, and the introduction of growing of biofuel crops;

Displacement of deforestation and forest degradation to areas of lower carbon value and high biodiversity value;

Increased pressure on non-forest ecosystems with high biodiversity value;

Afforestation in areas of high biodiversity value;

The loss of traditional territories and restriction of land and natural resource rights of Indigenous peoples and local communities;

Lack of tangible livelihood benefits to Indigenous peoples and local communities and lack of equitable benefit sharing;

Exclusion from designing and implementation of policies and measures; and

Loss of traditional ecological knowledge.

The workshop ended with participants recommending, among other things, that there must be greater harmonization between the development of REDD-plus safeguards and the guidelines and safeguards that have already been developed by the CBD, including the Akwe: Kon Guidelines. Furthermore, the REDD-plus safeguards should seriously consider best practice and innovative tools developed under the CBD process, including community protocols in the context of access and benefit sharing, experiences from community-based natural resource management, biotrade, and payment for ecosystem services.

Radio Show on Climate Change and Indigenous Peoples

2011-09-22T10:50:00.001+08:00

Conversations with the Earth has released an installment of a weekly radio show on climate change and Indigenous peoples. The description reads: "Global climate change is here. And only now, as our nation is ravaged by hurricanes, floods and droughts, is this new reality becoming all too obvious. But indigenous people in isolated communities around the world have been sounding the alarm for decades. This week we’ll meet indigenous messengers from Alaska and Peru who say it’s not too late to use traditional knowledge to reconnect with Mother Earth. And we’ll learn about a powerful new exhibition at the National Museum of the American Indian launched to amplify their message to the world." Guest on the show include Tim Johnson (Mohawk and Associate Director for Museum Programs, National Museum of the American Indian), Sarah James (Gwich’in tribal leader, Arctic Village, Alaska, and winner of the Goldman Environmental Prize), Maja Tillman (Senior Associate, InsightShare), Irma Luz Poma Canchumani (Quechua traditional gourd-carver), Nico Villaume (freelance photographer), and Brian Keane (Director, Land is Life).

The radio show, which is supported by The Christensen Fund, can be downloaded online. The exhibition on Indigenous Voices on Climate Change is being held at the National Museum of the American Indian in Washington, D.C., from 22 July, 2011, to 2 January, 2012.

Protests in Lamu Over Proposed Port

2011-09-20T19:06:00.001+08:00

The communities of Lamu, Kenya, who are currently developing a biocultural community protocol in relation to a mega port to be built in their District, recently held a protest to demand information on the port and consultation in the process. The protest was held after the community learnt from the media that the government of Kenya is planning to begin the construction of the port prior to making any efforts for consulting the local communities. The group started protesting from the National Environmental Management Authority up to the Kenya Ports Authority and Town Square. During their protests, Save Lamu carried with them the letters of appeal that have been sent to government officials, non-governmental organizations, and individuals nationally and internationally as well as copies of the Save Lamu petition to the government of Kenya calling for involvement in the port process that will have dire affects on their livelihoods and environment. Information on the communities' effort can be found at www.savelamu.org.

NJ Attends Wild Law Conference in Brisbane

2011-09-19T19:21:00.002+08:00

Participants Alessandro Pelizzon (left) and Maria Zotti.

From 16-18 September, Griffith University (Brisbane, Australia) hosted Australia’s 3rd Wild Law Conference, entitled “Earth Jurisprudence 2011: Building Theory and Practice”. Earth Jurisprudence is an emerging theory of law that proposes that we rethink our legal and political systems to make sure they support, rather than undermine, the integrity and health of the earth. Over three days, the participants heard presentations from a number of important thinkers and practitioners, including Aboriginal leader Michael Anderson, Cormac Cullinan (EnAct International, South Africa), Emeritus Professor Ian Lowe (Griffith University), Peter Burdon (Australia Wild Law Alliance), Professor Klaus Bosselmann (University of Auckland), Brendan Mackey (Australia National University), Chief Justice Preston (New South Wales), Senator Larissa Waters, Alessandro Pelizzon (Southern Cross University), Judith Koons (Centre for Earth Jurisprudence), Maria Zotti (South Australian Department Environment), and filmmaker Ellie Gilbert.

The conference was also host to the launching of Australian Wild Law Alliance and the Earth Laws Research Network, as well as to the second edition of Wild Law (Cullinan) and Exploring Wild Law: The Philosophy of Earth Jurisprudence (Burdon, ed.). Harry Jonas (Natural Justice) presented on Biocultural Rights and Responsibilities: Political Ecology, Jurisprudence, Resistance and Engagement to illustrate the theoretical foundations of Natural Justice's work. Natural Justice thanks Michelle Maloney and her team for a great conference.

NJ Article on BCPs and Biocultural Rights

2011-09-18T22:21:00.001+08:00

Mikey Salter and Johanna von Braun (Natural Justice) recently wrote an article entitled "Biocultural Community Protocols: Bridging the Gap Between Customary, National and International Law" for the latest issue of the Effectius Newsletter. It begins by saying, "Over the last two decades as a result of the Indigenous peoples’ rights movement, a new cluster of rights has emerged that falls under the broad category of group or collective rights, but makes a specific link to conservation and the sustainable use of biological diversity. These are referred to as biocultural rights, and they acknowledge the relationship between communities, resources and culture in areas where communities have historically been stewards of common lands because of their reliance on the ecosystem that surrounds them..."

Effectius is a non-profit organization based in Belgium that is dedicated to identifying and promoting effective justice solutions worldwide.

International Workshop on Common Pools

2011-09-17T20:07:00.000+08:00

On the 15th and 16th of September, Gino Cocchiaro (Natural Justice) attended the "International Workshop on Common Pools of Genetic Resources: improving effectiveness, justice and public research in access and benefit sharing (ABS)" in Bremen, Germany, organized by the University of Bremen. The workshop was attended by various experts in the areas of genetic resources, traditional knowledge, and benefit sharing. Over the 2 days, participants presented on a range of subjects on common pools, including exploring legal spaces for common pools in the Nagoya Protocol; case studies on existing common pools at the local level in South Africa, Brazil, Peru and China; the World Health Organization (WHO) frameworks for sharing vaccines; the multilateral system of the International Treaty on Plant and Genetic Resources for Food and Agriculture (ITPGRFA); and data banks for genetic information and marine organisms. The presentations and discussions provided participants relevant feedback and information about how existing common pools systems are functioning and could be improved to ensure greater equity and fairness.

Natural Justice was asked to present on the traditional knowledge common pool of the traditional health practitioners of Bushbuckridge, South Africa, and the development of a common pool of traditional knowledge. The healers are utilizing their common pool to provide information to a local cosmetics company, with any benefits from research and possible development to flow back into the collective pool. The presenters at the workshop will also be contributing chapters to a book on common pools to be published by the University of Bremen.

Special Rapporteur Report: Effects of Extractive Industries

2011-09-16T10:55:00.000+08:00

UN Special Rapporteur on the Rights of Indigenous Peoples, James Anaya, recently presented his annual report to the UN General Assembly. The report provides a summary of activities carried out during his third year in the mandate, particularly communications with governments concerning 25 cases of specific human rights violations in 15 countries. Some of the case studies include:

Costa Rica: Situation of the Térraba people and the hydroelectric project El Diquís
Ethiopia: Situation of the Gilgel Gibe III hydroelectric project on the Omo River
Guatemala: Situation of social and environmental problems generated by the Marlin mine
Malaysia: Situation of the Long Teran Kanan village and native customary rights in Sarawak

In the second half of the report, Anaya provides a preliminary analysis of the impact of extractive industries operating within or near Indigenous territories, based on a questionnaire on the issue distributed to governments, Indigenous peoples, corporations, and civil society. The full report can be downloaded here.

New Issue of Global Environmental Politics

2011-09-15T13:25:00.001+08:00

The latest issue of the journal Global Environmental Politics focuses on "Climate Bandwagoning: The Impacts of Strategic Linkages for Regime Design, Maintenance and Death". The special issue is co-edited by Sikina Jinnah (American University) and Miquel Muñoz (Boston University's Pardee Centre) and explores issues of climate change and NGOs, biodiversity, desertification, fisheries, forests, security, and human rights. Select articles include, among others:

Issue-linkages to Climate Change Measured through NGO Participation in the UNFCCC;
Marketing Linkages: Secretariat Governance of the Climate-Biodiversity Interface;
Combating Ineffectiveness: Climate Change Bandwagoning and the UN Convention to Combat Desertification; and
Jumping on the Human Rights Bandwagon: How Rights-based Linkages Can Refocus Climate Politics

The special issue is available online, but does not have open access. If you would like to access the articles, please contact Miquel at miquel(at)bu.edu.

Expert Meeting on ABS and IPRs

2011-09-11T17:51:00.003+08:00

Johanna von Braun and Sabine Zajderman (Natural Justice) attended the Expert Meeting on Access and Benefit Sharing (ABS) and Intellectual Property Rights (IPRs) from 5-9 September in Addis Ababa, Ethiopia. The meeting was organized by the ABS Capacity Development Initiative for Africa (ABS Initiative) in cooperation with the Ethiopian Institute of Biodiversity Conservation.

This was the first meeting discussing ABS implementation in light of the Nagoya Protocol and its links to IPRs in the African context. The workshop aimed to provide a dialogue platform for representatives from African countries and international IPR experts to explore the challenges of linking ABS and IPRs in a coherent manner when implementing ABS at the national and sub-regional levels. Concrete practical experiences on ABS cases linked to IPRs were presented and formed the basis of intensive discussions.

During the course of the week, participants were briefed on: (i) the Nagoya Protocol on ABS, with a special focus on the interlinkages between ABS and IPRs and their significance for the implementation of the Nagoya Protocol in domestic and sub-regional policies and regulations; and (ii) the process and status of negotiations under the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO) regarding IPR aspects related to ABS. They then reflected on intellectual property aspects and considerations that will have to be taken into account in the development and implementation of ABS policies and regulations at national and sub-regional levels while discussing the development of effective institutional coordination mechanisms between the relevant competent national and international authorities. Also thoroughly examined were the practicality of different intellectual property instruments used along the value chain, research, and/or product development process of genetic resources and associated traditional knowledge, particularly Prior Informed Consent (PIC), Mutually Agreed Terms (MAT) and the granting of access permits.

On the last day on the meeting, a calendar of ABS- and IP-related events and meetings was set up with the view to prepare the African Group for the 11th Conference of the Parties to the Convention on Biological Diversity (CBD COP 11) in October 2012. The meeting ended with a visit to the Ethiopian Institute of Biodiversity Conservation, formerly known the Plant Genetic Resources Centre, which safeguards Africa’s oldest and largest gene bank and, since its inception in 1976, has accomplished remarkable work in exploration, collection, and conservation of plant genetic resources.

Peru Approves New Law on Prior Consultation

2011-09-07T11:20:00.000+08:00

On August 23, the Peruvian Congress approved a new law that guarantees Indigenous peoples' right to prior consultation around legislative and administrative measures as well as plans, programs, and projects that impact them and their rights ("Ley de derecho a la consulta previa a los pueblos indígenas u originarios reconocido en el Convenio No. 169 de la Organización Internacional del Trabajo"). President Ollanta Humala signed the new law, which is the first to be approved by the current Parliament and was passed with no votes against and no abstentions, on 6 September in the province of Bagua. The Law on Prior Consultation is intended to comply with certain commitments set out in the 1989 International Labour Organization (ILO) Convention 169 and the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

Amazon Watch reports that AIDESEP, a Peruvian Indigenous Amazonian federation, expressed support for the new law, but also concern about implementation, stating that "until [the government agency] INDEPA, the National Organization for the Development of Andean, Amazonian and Afro Peruvian Peoples truly implements this new law, we will not be caught in false triumphs." James Anaya, the United Nations special rapporteur on the rights of Indigenous peoples, congratulated the Congress and also called for adequate implementation. According to a press release, Anaya said, “I hope that this is indicative of a strong commitment by the Peruvian State to respond to the demands of indigenous peoples to be consulted about measures that directly affect them, and in particular about extractive industry projects in and around their territories.” This UK Guardian article explores the broader context within which the law was passed, particularly conflict arising over large-scale development and extraction projects in Indigenous territories.

New Article on Effectiveness of Community Managed Forests

2011-08-28T00:01:00.001+08:00

A new article published in the forthcoming issue of Forestry Ecology & Management assesses the role and conservation effectiveness of protected and community managed forests in the long-term maintenance of forest cover in the tropics. With authors from Mexico, Indonesia, and Spain, the meta-analysis compares land use and land cover change data from peer-reviewed case studies on 40 protected areas and 33 community managed forests. The study found that community managed forests presented lower and less variable annual deforestation rates than protected forests, which backs up other recent challenges to the long-held belief that the best way to conserve forests is to set them aside in strictly protected areas. The authors propose that "a more resilient and robust forest conservation strategy should encompass a regional vision with different land use types in which social and economic needs of local inhabitants, as well as tenure rights and local capacities, are recognized."

Overall, the paper suggests that community-managed forests could be a cost-efficient and effective solution to reducing deforestation and ensuring the sustainable use of forests while benefiting local livelihoods. It also underscores earlier findings by other scientists that show that greater rule-making autonomy at the local level are associated with better forest management and livelihood benefits. The full text of the article can be downloaded here.

UCT Seminar on Traditional Knowledge and Intellectual Property Rights

2011-08-27T20:33:00.009+08:00

Pelargonium. Copyright: African Centre

for Biosafety

On the 26th of August, the Law, Race and Gender Research Unit of the University of Cape Town (UCT) held a seminar on “Traditional knowledge, intellectual property rights power and benefit sharing: case studies/evidence from pelargonium, rooibos and hoodia.” Natural Justice and the African Centre for Biosafety were invited to attend the series and present on their work with African Indigenous peoples and local communities.

Gino Cocchiaro (Natural Justice) presented on the South African Rooibos–Nestle and San-Hoodia case studies. During his presentation, Gino also highlighted how biocultural community protocols have been used by some communities in Africa, Asia and South America to convey their ways of life, values, and customary laws to third parties and challenge the fragmentary nature of state law and incorporate community integrated perspectives.

Mariam Mayet, Director of the African Centre for Biosafety, presented on her work with communities in South Africa to oppose and eventually defeat an attempt by German pharmaceutical giant Schwabe to file patents over the use of pelargonium for the treatment of coughs and Tuberculosis without obtaining the consent of the communities who are the holders of the traditional medicinal knowledge of pelargonium.

Following the presentation and discussion with members of the University of Cape Town, Natural Justice met with the Legal Resource Centre, the African Centre for Biosafety, and the Law, Race and Gender Research Unit to discuss how South African communities could protect their traditional knowledge in relation to the use of pelargonium.

New Article on the Convention on Biological Diversity

2011-08-26T17:21:00.001+08:00

A new article by Elisa Morgera (University of Edinburgh) and Elsa Tsioumani (International Institute for Sustainable Development) explores the evolution of the Convention on Biological Diversity (CBD) and its current legal significance, as well as legal issues related to its immediate future. Entitled "Today and Tomorrow: Looking Afresh at the Convention on Biological Diversity", the article assesses progress in the development and implementation of the CBD at the level of both international cooperation and national implementation, focusing on strategic planning, the innovations of the Nagoya Protocol, the relationship between funding and implementation, and compliance. It is part of the University of Edinburgh School of Law Working Paper Series and will be published in the 2011 Yearbook of International Environmental Law. The full text can be freely downloaded here.

New Briefing on Pastoralism and Climate Change

2011-08-24T00:03:00.003+08:00

The latest issue of Joto Afrika, a series of printed briefings and online resources about adapting to climate change in sub- Saharan Africa, focuses on "The Future of Pastoralism in a Changing Climate". Pastoralism, a free-range livestock production system, is practised in all of Africa’s dryland regions, and is the main source of food security and income for many communities. The future of pastoralism is threatened by the many manifestations and effects of climate change, including droughts, floods, more extreme weather events, invasive species and pests, and the failure of introduced exotic livestock breeds. This issue provides case studies of local knowledge in action across Africa, and success stories from research to showcase various ways of climate adaptation by pastoralists.

According to the editorial, key messages include: recognizing the multiple processes and stressors that govern pastoralists' vulnerability to climate change; protecting pastoral land and enhancing the mobility of pastoralists and their livestock; considering index-based livestock insurance schemes as one of the strategies for protecting livestock keepers against climate risks; and investing in building the capacity of livestock keepers to enhance skills and diversify enterprises and resource management.

Recap: Workshop on Biocultural Rights and Community Protocols

2011-08-20T20:20:00.003+08:00

A workshop on Biocultural Rights and Biocultural Community protocols was held in Namibia from 18-19 August. The workshop was organized by the San Support Organizations (a forum for all community-based and non-governmental organizations working with the San communities) and the Nyae Nyae Development Foundation, with support from the Open Society Initiative for Southern Africa (OSISA).

Natural Justice facilitated sessions on the biocultural rights of Indigenous communities in Namibia to their to material and cultural resources through the development of biocultural community protocols. These presentations, role-plays, and discussions invited community representatives and supporting CBOs and NGOs to consider how they could utilize biocultural rights in their specific contexts. The Integrated Rural Developmentand Nature Conservation (IDRNC) and the Legal Assistance Centre (LAC) also highlighted the strategies of the Khwe Community from the Bwabwata National Park and the Hai//om from Etosha National Park in asserting their biocultural rights over their resources and knowledge and the continued conservation of their lands.

The Ministry of Environment and Tourism (MET) also attended the second day of the meeting and presented on Namibia’s domestic and international obligations in relation to access and benefit sharing, traditional knowledge, and genetic resources. The Ministry officials were asked a number of pertinent questions by community representatives on recognition of traditional authorities, traditional lands, the failure of the Government to recognize Indigenous peoples, and rights over resources. As a result of the discussions, the Ministry officials indicated that all community representatives present would be invited to attend the public consultations at the National Consultative Workshop on the Access and Benefit Sharing Draft Bill for Namibia, which were held on the 24th of August in Windhoek.

Natural Justice will continue to work with the San support organizations, including LAC, IDRNC, the Nyae Nyae Development Foundation, and OSISA in supporting the biocultural rights of Indigenous peoples in Namibia. San communities of the Nyae Nyae Conservancy and the Nyae Nyae Development Foundation indicated their interest in the development a biocultural community protocol and have invited Natural Justice and OSISA to assist them in this process.

Workshop on Biocultural Rights and Community Protocols

2011-08-18T09:19:00.012+08:00

From 18-19 August, Natural Justice will be facilitating a workshop on biocultural rights and biocultural community protocols for Namibian San organizations in Windhoek. The workshop is being organized by the San Support Organizations and the Nyae Nyae Development Foundation of Namibia. The objective of the workshop is to build the capacity of San Support Organizations and San communities to identify and strategically assert their biocultural rights to their material and cultural resources through the development of biocultural community protocols. The workshop will include sharing of experiences from representatives of the Bushbuckridge Traditional Health Practitioners Association, the Khwe from Bwabwata National Park, and the Hai//om from Etosha National Park. The workshop will be supported by the Open Society Initiative of Southern Africa (OSISA).

Recap: Meeting on Green Governance and the Green Economy

2011-08-17T18:35:00.002+08:00

From 15-16 August, Natural Justice and the Indigenous Peoples of Africa Coordinating Committee (IPACC) co-hosted a meeting of Indigenous African leaders on the United Nations Environmental Programme (UNEP) Green Economy Initiative. The first day of the meeting focused on discussing and understanding the content and implications of the UNEP Green Economy Initiative with respect to governance over their territories and stewardship over their resources.

During the second day, participants prepared the first draft of a statement of African Indigenous principles to further engage the Green Economy Initiative based on the bio-cultural or stewardship rights of African Indigenous peoples over their territories and resources within international and domestic law and policy. Participants also elaborated an action plan for sharing these principles and views with the African Group of Negotiators in the so-called Rio Conventions (UNCBD, UNFCCC, and UNCCD), with influential policy bodies such as African Ministerial Conference on the Environment (AMCEN), UNEP, and the International Union for Conservation of Nature (IUCN), and with the Global Indigenous Peoples' Caucus and IPACC’s members and allies. The meeting was supported by UNEP and the Open Society Initiative for Southern Africa (OSISA).

Meeting on Green Governance and the Green Economy

2011-08-15T09:00:00.026+08:00

From 15-16 August in Cape Town, Natural Justice, in partnership with the Indigenous Peoples of Africa Coordinating Committee (IPACC) will be organizing a meeting of representatives of African Indigenous peoples on "The Green Economy Initiative: Green Governance Challenges". The meeting seeks to ensure that Indigenous African leaders understand the content and implications of the United Nations Environment Programme (UNEP) Green Economy Initiative with respect to governance over their territories and stewardship over their resources.

As an outcome of the meeting, IPACC and Natural Justice will cooperate to produce a response document that sets out African Indigenous views on the Rio processes, low carbon economics, strengths and weaknesses of the UNEP Initiative, challenges of governance and accountability, identification of opportunities for Indigenous peoples to conserve biocultural diversity and protect traditional knowledge, and traditional knowledge-related innovations and genetic resources. The document will further engage the UNEP Green Economy Report based on the biocultural rights of African Indigenous peoples over their territories and resources within international and domestic law and policy. The meeting will be supported by UNEP and the Open Society Initiative for Southern Africa (OSISA).

Regional Dialogue on BCPs in Lima, Peru

2011-08-10T22:08:00.002+08:00

On 8-9 August, an informal dialogue was held in Lima, Peru, bringing together a number of Latin American and other organizations to share their respective experiences or thoughts on working with biocultural community protocols. The meeting was hosted by the Sociedad Peruana de Derecho Ambiental (SPDA), ETC Compas, GIZ, and Natural Justice.

In addition to the co-hosts, participants represented different organizations from the region, including the Asociacion Andes, COICA, representatives from the Kuna Kuna tribe in Panama, Kiwchua in Ecuador, Indigenous communities from Madre de Dios, Peru, FARN, IIAP, AGRUCO, and Candela Peru.

During the two days, participants discussed the importance of biocultural heritage, the legal framework in which biocultural community protocols are embedded, and shared their respective experiences on the use of protocols in different parts of Latin America and beyond. It was concluded that while biocultural community protocols are a very useful tool to secure Indigenous peoples' and local communities' rights under, among others, the Nagoya Protocol, more examples are needed in order to draw more precise conclusions about the nature of BCPs and what constitutes the most appropriate processes to develop and use them. Participants agreed to raise further awareness on biocultural community protocols within their respective organizations and to generate further experience on their use in the region. Presentations given during the dialogue can be accessed online.

International Day of the World's Indigenous Peoples

2011-08-09T18:11:00.000+08:00

The 9th of August marks the 17th International Day of the World's Indigenous Peoples. An event was held in New York City at the United Nations Headquarters, organized by the Secretariat of the Permanent Forum on Indigenous Issues, the United Nations Department of Public Information, and the NGO Committee on the Decade of the World’s Indigenous Peoples. The theme, "Indigenous designs: celebrating stories and cultures, crafting our future," was explored in a panel discussion and a screening of the film "Harmony of Culture and Nature".

Statements were delivered by Ban Ki-moon (UN Secretary-General), H.E. Joseph Deiss (President of the 65th Session of the General Assembly), Sha Zukang (Under-Secretary-General of the Department of Economic and Social Affairs and Coordinator of the Second International Decade of the World's Indigenous Peoples), and Mirna Cunningham (Chairperson of the Permanent Forum on Indigenous Issues), among others. The statements and a video recording of the event are available on the UNPFII website.

New UN Journal Issue on Green Economy

2011-08-06T18:10:00.000+08:00

The August 2011 issue of Natural Resources Forum, the United Nations Sustainable Development Journal, was recently released. Focusing on green economy and sustainable development, the special issue includes articles on societal transformations for a sustainable economy; agricultural innovations systems in response to food insecurity and climate change; a regulatory framework for biofuels governance in China; and the sustainability of green funds.

Second Pilot Study on Enhancing Community Dialogue with UEBT

2011-07-29T16:34:00.000+08:00

On 26 July, a second pilot testing the use of certain elements of the biocultural community protocol (BCP) process in the context of Ethical BioTrade was implemented in Nazarezinho do Meruú, a community of about 200 families a few hours away by car and boat from Belém, Pará. Within the community, the “Associação de Produtores Rurais de Nazarezinho do Meruú” (Rural Producers’ Association of Nazarezinho do Meruú) represents 60 members/families, 30 of which participate in the process of selling Açaí (Euterpea olarecea) to Beraca, a Brazilian member of the Union for Ethical Biotrade (UEBT).

In comparison with the earlier pilot of Peru, this pilot only included a preliminary dialogue between Beraca and the community, which already proved useful to both in relation to managing expectations. Both parties also provided each other with further background about themselves and how they were organized. After a day of discussions, the need for improved internal organisation was again and again highlighted within the community, above all to bridge the difficult six-month period each year in between the Açaí harvest. It was agreed that the discussion between the two would continue, facilitated by the local NGO Bolsa Amazônia, which would then elaborate to what extent a more BCP-type process would be appropriate and of interest to the community.

First BCP in the Context of Ethical BioTrade

2011-07-26T12:47:00.002+08:00

During the course of the last week, Johanna von Braun (Natural Justice) participated in the first of three pilot studies as part of a joint GIZ-funded project between the Union for Ethical BioTrade (UEBT) and Natural Justice. The aim of the project is to test the concepts and methodologies of biocultural community protocols (BCPs) as a tool to enhance engagement of local actors in Ethical BioTrade supply chains.

The pilot took place in Puerto Maldonado, a small town in the southern Peruvian Amazon. It focused on the relationship between Candela, a founding UEBT member, and the Asociación Forestal Indígena de Madrede Dios (AFIMAD), an association formed by seven local Indigenous communities, to promote their forest-based productive activities. The current commercial relationship between the communities/AFIMAD and Candela is based on the harvesting of the brazil nut (tree pictured at left); both parties are keen to expand their relationship to other products.

The development of the BCP by AFIMAD and the seven communities took place over several meetings and was supported by a local facilitator. It eventually included a broad number of issues that the communities wanted to tackle, ranging from illegal mining to the invasion of outsiders into their lands. Similar to other BCPs, it also included a section in which the communities explained who they are, how they are organized, what their values are in relation to their local ecosystem and resources, and their overall endogenous development objectives. Furthermore, a particular section of the BCP focused on how they want to relate to third parties in a commercial relationship, and what they see as their own commitments towards such relationships.

Because the aim of the BCP was to affirm the communities’ relationship to Candela, an additional component of the BCP process was a facilitated dialogue between the communities and the company. This entailed parties introducing themselves to each other based on their values, governance, communication, and decision-making structures. In the case of Candela, the values presented to the communities were the EthicalBioTrade principles, which highlighted that their anticipated relationship was more than a commercial relationship but a partnership towards economic, social, and environmental sustainability. In turn, the communities presented themselves to Candela based on the core elements identified in their BCP, namely those that related to the communities’ values, governance, and expectations from companies and their own commitments.

During this dialogue, in-depth discussion took place with respect to the concept of Ethical BioTrade and the different elements in the seven BioTrade principles. Both parties discussed internally and then with each other how they could contribute towards establishing a good working relationship based on the Ethical BioTrade principles through both general and specific commitments towards each other. The final part of the dialogue was the identification and 'Agreement of Principles' such as transparency, dialogue, trust, good faith, and a commitment towards further discussion of what to do if these commitments are not met (i.e. conflict resolution) and what constitutes a ‘fair price’. In the end, both parties walked away from the dialogue with a draft Agreement of Principles and Commitments. The communities had also drafted a BCP in the process, which they aim to develop further in the near future.

After an evaluation session, both AFIMAD and Candela were pleased with the outcome of the process. AFIMAD further valued having developed a BCP that could be applicable more generally. From the Candela and UEBT perspective, it was an interesting opportunity to explore methodologies that, based on the BCP approach, can be used to promote a stronger engagement with communities from which they obtain their natural resources.

Two further pilot studies in Brazil and Madagascar are planned this year in the context of Ethical BioTrade, after which the lessons learnt will be discussed in a review meeting in Cape Town in early 2012.

First BCP Piloted in BioTrade Context

2011-07-26T08:32:00.000+08:00

The pilot was implemented in Puerto Maldonado, a small town in the southern Peruvian Amazon, and focused on the relationship between Candela, a founding UEBT member, and the Asociación Forestal Indígena de Madrede Dios (AFIMAD), an association formed by seven local indigenous communities to promote their forest-based productive activities. The current commercial relationship between the communities/AFIMAD and Candela is based on the harvesting of brazil nut, whereas both parties are keen to expand their relationship to other products.

Because the aim of the BCP was to affirm the communities’ relationship to Candela, a second step was added to the usual BCP process, namely, a facilitated dialogue between the communities and the company. This step entailed parties introducing themselves to each other based on their values, governance, communication and decision making structures. In the case of Candela, the values presented to the communities were the Ethical BioTrade principles – highlighting that their anticipated relationship was more than a commercial relationship but a partnership towards economic, social and environmental sustainability. The communities in turn presented themselves to Candela based on the core elements identified in the previously developed BCP, namely those that related to the communities’ values, governance and expectations from companies and their own commitments.

During this dialogue in-depth discussion took place with respect to the concept of Ethical BioTrade and the different elements in the seven BioTrade principles. Both parties discussed internally, and then with each other, how they could contribute towards establishing a good working relationship based on the Ethical BioTrade principles through both general and specific commitments towards each other. The final part of the dialogue was the identification and 'Agreement of Principles' such as transparency, dialogue, trust, and good faith, as well as a commitment towards further discussion of what to do if these commitments are not met (conflict resolution) and what constitutes a ‘fair price’. In the end, both parties left the dialogue with a draft Agreement of Principles and Commitments. In addition, the communities also began to draft a BCP in the process, which they aim to develop further in the near future.

BCPs, Livestock Keepers and Animal Genetic Resources

2011-07-20T15:58:00.002+08:00

On 20 July, at the 13th Session of the UN Food and Agriculture Organization (FAO) Commission on Genetic Resources for Food and Agriculture (CGRFA13), the LIFE Network and the League for Pastoral Peoples and Endogenous Livestock Development co-hosted a side event on biocultural community protocols, traditional livestock keepers, and animal genetic resources.

Paul Boettcher (FAO) introduced the linkages between the Global Plan of Action for Animal Genetic Resources, the Nagoya Protocol, and the Convention on Biological Diversity, noting that a common element is recognition of the traditional knowledge and cultural expressions of livestock keepers. He also acknowledged that animal genetic resources are the direct result of generations of livestock keepers' livelihoods and that biocultural community protocols provide an opportunity to raise the profile and awareness of livestock keepers at all levels.

Abdul Raziq Kakar (Society of Animal, Veterinary and Environmental Scientists) described the biocultural community protocol that the Pashtoon of Balochistan (Pakistan) have developed as "the mirror of the community"; it includes information about their history and culture, genetic assets, customary law and management systems, habitat, and future and hopes. The process of developing the protocol included community consultations, door-to-door visits, meetings with elders, soliciting of experts' views and inputs, and further community meetings. He noted that the protocol has helped identify two indigenous breeds that had never been recognized by the government and helped unify the community under "one voice" to advocate the government for change.

Jacob Wanyama (Africa LIFE Network) noted that despite growing international interest in the conservation of animal genetic resources, there is little recognition of the role of livestock keepers as custodians of indigenous livestock breeds at the national and local levels. He lamented the dilution and potential extinction of indigenous breeds in Kenya, particularly the Red Maasai sheep, due to environmental and socio-economic factors such as increasingly irregular droughts and the introduction of exotic breeds. The biocultural community protocol that the Samburu of northern Kenya developed has contributed to increased local awareness of issues affecting livestock keepers and their breeds; consideration of plans for continuing their role as custodians; and clarifying terms and conditions for engaging with outsiders such as policy-makers and researchers.

Hanwant Singh Rathore (Lokhit Pashu Palak Sansthan) provided an overview of the local context of the Raika in Rajasthan, India, including their dependence on access to common property resources for grazing and the as yet lack of implementation of the Forest Rights Act 2006 for livestock keepers. He aso illustrated the many opportunities for developing natural products of indigenous camel breeds in Rajasthan into marketable items such as dung paper, wool shawls, ice cream, and soap, highlighting the importance of such incentives for retaining interest amongst the community members in livestock keeping amidst pressures to migrate to urban areas.

Ilse Köhler-Rollefson (League for Pastoral Peoples) explained that biocultural community protocols can help establish community ownership over traditional breeds and associated grazing areas, as well as clarify to policy makers and researchers the direct linkages between animal genetic resources and local socio-cultural contexts. She noted that any access and benefit sharing agreements should focus on in situ conservation and sustainable use and contribute to communities' endogenous development. She emphasized that adapted livestock breeds are "ecological treasures" whose economic value will become more apparent in the future, and that communities who are actively conserving them should be supported to continue to do so in situ.

Questions from the audience stimulated discussion around issues such as culturally sensitive participation in the development of biocultural community protocols; opportunities for legal recognition of protocols; conditions within which local production systems can be sustained, including capacity building; and wider issues of land and access rights as the foundation for sustaining the breeds.

Daily summaries and online coverage of the CGRFA13 negotiations is provided by the International Institute for Sustainable Development Reporting Services (IISD-RS).

Agrobiodiversity, Climate Change, and Food Security

2011-07-19T15:12:00.000+08:00

On 19 July, at the 13th Session of the UN Food and Agriculture Organization (FAO) Commission on Genetic Resources for Food and Agriculture (CGRFA13), the Consultative Group on International Agricultural Research (CGIAR) and the Eart System Science Partnership (ESSP) co-hosted a side event on agrobiodiversity, climate change, and food security.

Andy Jarvis (International Centre for Tropical Agriculture) provided an overview of a partnership between CGIAR and ESSP, which aims to combine climate and agricultural sciences towards improved environmental health, rural livelihoods, and food security. Emile Frison (Bioversity International) emphasized that both species and genetic agrobiodiversity will play an increasingly key role in adaptation to and mitigation of progressive climate change. Frison also noted that states will require increased interdependence in order to ensure access to genetic resources that they will need for food security.

Ahmed Amri (International Centre for Agricultural Research in the Dry Areas) illustrated a methodology for using ex situ collections to select climate change-related adaptive traits, which can then be used to rehabilitate degraded areas. He also called for greater emphasis on allowing people in dryland areas to demonstrate their existing adaptive capacity and experiences with adaptation. Ahsan Dulloo (Bioversity International) described the "seeds for needs" concept and on-farm participatory climate change adaptation initiatives with local farmers in Ethiopia, India, and Papua New Guinea.

Daily summaries and online coverage of the CGRFA13 negotiations is provided by the International Institute for Sustainable Development Reporting Services (IISD-RS).

ICCAs and the Rights of Indigenous Peoples

2011-07-15T22:23:00.199+08:00

On 15 July, the final day of the 4th Session of the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP), Natural Justice and the ICCA Consortium co-hosted a side event entitled, "Community Governance and Stewardship of Traditional Territories and Biocultural Diversity".

Grazia Borrini-Feyerabend introduced and provided many examples of Indigenous peoples' conserved territories and community conserved areas (commonly known as ICCAs), illustrating their diversity of forms, motivations, values, locations, and impacts. She highlighted their worldwide significance as locally specific "meeting points" of conservation and sustainable livelihoods, rooted in biological and cultural diversity and adaptive decision-making and management systems. Acknowledging the wide range of threats and challenges, she also noted the growing recognition of ICCAs in international policy, particularly in the Convention on Biological Diversity's Programme of Work on Protected Areas (PoWPA) and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

Eleanor Goroh (Jaringan Orang Asal SeMalaysia) spoke about government recognition of the customary fishing system (tagal) in Sabah, Malaysia. Tagal is still being used by some communities in Sabah and has been revitalized in others, with the aims of environmental sustainability and economic self-sufficiency. Such Indigenous natural resource management systems are closely linked with other social, cultural, economic, health, and knowledge systems; they are rooted in and transmitted through generations of learned experience and adat (customary law). Partly in response to declining use since the 1960s (due to logging, uncontrolled fishing practices, and overall exploitation of riverine ecosystems), the Sabah Fisheries Department has recently institutionalized and promoted the tagal system, in accordance with Sections 35-37 of the Inland Fisheries and Aquaculture Enactment 2003. Although this legal recognition is an important turning point for the inclusion of Indigenous knowledge in conservation efforts in Sabah, it also requires the creation of new committees, standardized rules, and compliance mechanisms that do not accord with the traditional systems. Goroh noted that Fisheries Department should respect and recognize the localized customary governance and legal systems that tagal was built upon rather than replacing them with state-determined and standardized arrangements. She also called for such recognition of customary resource governance and management systems amongst the other state departments and enactments, particularly protected areas.

Diel Mochire (Programme d’Intégration et de Développement du Peuple Pygmée au Kivu/Shirika la Bambuti) presented on Indigenous peoples and forest conservation initiatives in the Democratic Republic of the Congo. Mochire's organization works to support the human rights and socio-economic and cultural development of the Indigenous Pygmies, as well as the protection of the forests, natural resources, and endangered species in their traditional territories. He noted that while different members of the community may have different approaches or motivations for conserving their territory, they are all working towards the same shared vision, namely, political, cultural, and economic autonomy. However, they also face many challenges, including conflicts between customary law and state law, displacement for the creation of strictly protected national parks, lack of respect for the right to free, prior and informed consent prior to activities taking place on their lands, and effects of climate change and land use change (which are in turn driven by industrial logging and agriculture). He called for reinforcement of participatory and community-driven decision-making for conservation initiatives, recognition of customary forest management systems, culturally appropriate education, and greater awareness-raising and capacity-building around the impacts of climate change and potential for REDD schemes.

Vita de Waal (Foundation for Gaia and IUCN-CSVPA) spoke about sacred sites and their role in conserving areas and landscapes. Sacred sites are found in a wide range of places, including pilgrimage routes, particular trees, rocks and stones, sources of water, forests, valleys, mountains, and even entire cities. Some are well-known, and others are secret or hidden, only known locally. She emphasized that sacred sites are some of the most important sites of all of humanity and they often are protected and conserved through sophisticated customary governance and management systems.

Holly Shrumm (Natural Justice) closed the panel by reiterating the centrality of self-determination, self-governance, and customary law, as well as the place-specific inter-linkages between biological, cultural, and linguistic diversity, to the localized conservation of territories and areas. There is a diverse bundle of individual and collective rights under both international environmental and human rights frameworks that could support ICCAs in practice, but many obstacles remain and significant human rights violations continue. It was suggested that one way to realize both environmental and human rights frameworks is to conceptualize, implement, and build movements around them together. Four key sets of rights that are fundamental to community governance of territories and biocultural diversity include: rights to self-determination and autonomy; rights to ownership, control, management, and use of land and natural resources; rights to culture, including cultural integrity and participation in cultural life; and rights to self-governance and participation in decision-making. Suggested next steps include developing guidelines for appropriate recognition of and support for ICCAs; advocating for appropriate legal recognition of Indigenous peoples' fundamental rights (as above) in different international and domestic fora; utilization of existing reporting and grievance mechanisms; and mobilizing local movements and public awareness campaigns to garner broad support. (For more information, see Stevens, Stan (2010). "Implementing UNDRIP and International Human Rights Law through Recognition of ICCAs." IUCN-CEESP Policy matters 17: 181-194.)

Discussion included the centrality of these issues to the fundamental rights of Indigenous peoples and local communities around the world; the need for economic and legal systems to be rooted in principles of the natural world and ecosystems; the need to seek and act upon synergies between the different international frameworks; supporting capacity-building initiatives at all levels (including information and resources); the challenges of structural barriers such as illiteracy and power imbalances; opportunities for expanding the mandate and influence of people such as the Special Rapporteur; the power of demonstrating community capacity to conserve as a strategy for government recognition and support; and challenges with realizing the right to free, prior and informed consent (particularly when instigated by powerful corporations and governments).

FPIC and Transnational Corporations

2011-07-14T21:36:00.002+08:00

Zurich-based NGO Incomindios hosted a lunch-time event on 14 July entitled "Free, Prior and Informed Consent: Difficulties and Successes with Transnational Corporations". Held in conjunction with the 4th Session of the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP), the event explored the concept and practice of free, prior and informed consent (FPIC) in the context of transnational corporations operating on Indigenous peoples' territories.

Lene Wendland (Office of the High Commissioner for Human Rights) discussed the United Nations Guiding Principles on Business and Human Rights, which were unanimously endorsed by the Human Rights Council on 16 June. The result of a 6-year consultative process, the guidelines focus on three pillars: the duty of states to protect against human rights violations; corporate responsibility to respect all human rights; and access to effective remedy. Alberto Saldamando (International Indian Treaty Council) highlighted the difficulties of upholding human rights through state mechanisms alone and called for direct examination of the behaviour of corporations themselves and upholding of high ethical standards, regardless of whether or not the state within which it operates requires such standards. He also recalled the definition of sustainable development as providing for the current generation without comprising the needs of future generations.

Vidulfo Rosales (Tlanchinollan) shared his experiences with community displacement in Mexico due to a power plant constructed by the government, and with mobilizing communities around the right to FPIC to stop the planned extraction of a Canadian mining company on their territories. He noted that even when the rights to consultation and consent are in law and policy, they are not upheld in practice if there is no political will; acknowledging that political will instead backs resource extraction, he emphasized the need for communities to know their rights and mobilize themselves ahead of any activities taking place.

Melik Ozden (CETIM Human Rights Program) highlighted the common elements of ILO 169, the United Nations Declaration on the Rights of Indigenous Peoples, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights: people have the right to choose their own development, to participate in decision-making, and to make decisions about their own resources and lands. He noted that conflicts between Indigenous peoples and corporations and/or states usually emerge because of lack of recognition of these fundamental human rights. Lamented the voluntary nature of international guidelines, he urged that even with "the best laws in the world, we still need to mobilize to ensure proper implementation". Following the presentations, discussion primarily centred around struggles to implement existing laws, policies, and frameworks, and encouraging strategies such as being locally organized, garnering the widest possible support through national, regional, and international fora, and engaging in public awareness campaigns.

Advancing Dialogue on Treaties between States and Indigenous Peoples

2011-07-13T23:41:00.000+08:00

The International Indian Treaty Council (IITC) hosted a lunch-time event on 13 July during the 4th Session of the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP). The event was entitled "Advancing Dialogue on Treaties, Agreements and Other Constructive Arrangements between States and Indigenous Peoples within the UN System". It began by looking back at Indigenous peoples' participation in the United Nations, most notably, when Treaty Nations leaders were denied access to the League of Nations in 1923, and the 1974 Declaration of Continuing Independence of the Sovereign Native American Indian Nations. Presentations and discussion centered around the importance of treaties as sacred agreements and partnerships between Indigenous peoples and states, rooted in language, cultural tradition, and ceremony. They also called for greater international pressure upon states to implement existing treaties and agreements with Indigenous peoples, and to consider the effects of agreements between colonial governments and the successive governments on Indigenous peoples. Overall, it was stressed that treaties are an important part of Indigenous peoples' inherent rights to self-determination, survival, and well-being; they also enshrine responsibilities to and senses of connection with territories and future generations.

Recent recognition of treaties as having international standing can be found in Article 37 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP); Article 23 of the OAS-proposed American Declaration on the Rights of Indigenous Peoples; and former Special Rapporteur Miguel Alfonso Martinez's "Study on treaties, agreements and other constructive arrangements between States and indigenous peoples". Speakers included Andrea Carmen, Chief Wilton Littlechild, Grand Chief Edward John, Jose Carlos Morales, Atayu Abdulani, and a representative from the UN Office of the High Commissioner for Human Rights.

Indigenous Peoples' Traditional Knowledge and Intellectual Property

2011-07-12T22:30:00.001+08:00

On 12 July, during the 4th Session of the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP), the World Intellectual Property Organization (WIPO) hosted a lunch-time event entitled "Indigenous Peoples' Traditional Knowledge and Intellectual Property". Wend Wendland (WIPO Traditional Knowledge Division) provided an overview of the conventional intellectual property rights system in relation to traditional knowledge, traditional cultural expressions, and genetic resources. While acknowledging that WIPO Member States are currently negotiating towards an international legal instrument in attempt to ensure the effective protection of these three things, he noted that intellectual property does not provide a holistic response to the need for protecting traditional knowledge and cultural expressions.

Les Malezer (National Congress of Australia's First Peoples) noted that the WIPO negotiations are only the second international process (after the Convention on Biological Diversity negotiations towards the Nagoya Protocol on Access and Benefit Sharing) to address Indigenous peoples' rights since the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). He argued that Indigenous peoples' rights are still not well-understood at the international and domestic levels and that international processes continue to ignore historical injustices and fundamental rights such as self-determination. He said that the rooting of international processes in the principle of state sovereignty fails to acknowledge customary rights and sovereignty over natural resources, as enshrined in UNDRIP.

Mattias Ahren (Saami Council) noted that Indigenous peoples don't view traditional knowledge, traditional cultural expressions, and genetic resources as particularly different from other subject matters that elicit formal rights. He used the CBD negotiations towards the Nagoya Protocol as an example of the inherent conflicts that arise when discussions around traditional knowledge and genetic resources are not rooted in fundamental human rights; he also reiterated Malezer's concern about the over-emphasis on state sovereignty and lack of recognition of Indigenous peoples' rights over genetic and natural resources. In addition, he noted that the oft-cited high participation rates of Indigenous peoples within the CBD generally applies only to the negotiations around Article 8(j) and that participation in the ABS negotiations was a significant issue. He indicated that the next aim is to secure direct rights over traditional knowledge, traditional cultural expressions, and genetic resources in the implementation of the Nagoya Protocol.

The question and answer session highlighted: the need to address issues of equity, historical injustices, benefit-sharing, and self-determined development; the fundamentally discriminatory nature of constitutions that presume state rights over resources (such as in Australia); and the concern that customary legal systems "will not be up to the task" of dealing with pressures of the market-based system.

EMRIP Session on the Right to Participate in Decision-making

2011-07-10T22:44:00.000+08:00

Natural Justice is attending the fourth session of the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP), which will take place in Geneva from 11-15 July. This session will focus on Indigenous peoples and the right to partcipate in decision-making. The provisional agenda, draft programme of work, and draft report are available online. EMRIP was established by the United Nations Human Rights Council in 2007 and is comprised of five independent experts on Indigenous peoples.

Save Lamu Alliance Formed

2011-07-10T18:55:00.000+08:00

The communities of Lamu, Kenya, have recently formed a new alliance to preserve the natural biodiversity and cultural heritage of their lands and seas. The alliance, which is known as Save Lamu, is made up of over 22 community-based organizations representing the Indigenous communities of Lamu. Their primary project is to develop a Bio-cultural Community Protocol (BCP) that will provide knowledge about the Indigenous communities living in Lamu County and their traditional methods of conservation, land tenure, use of natural resources, and economic activities. This document will provide the community with a tool to seek their rights under the Kenyan Constitution as well as regional and international laws. Through various activities, including their BCP, the Save Lamu Alliance is voicing the massive concern that the communities of Lamu have in relation to a 16 billion USD port development, which has been planned in their area without their input and adequate consultation. The proposed port development is also exacerbating land grabbing that continues to evict the indigenous communities from their traditional lands on which they have lived for up to 1000 years.

In May 2011, Save Lamu wrote to the Kenyan Minister of Lands requesting that he "place a freeze on all land transactions in the county until land reforms are put in place." The Minister has since responded to the concerns of the communities by "placing an embargo on land transactions on unalienated public or community land until there was an appropriate framework in the context of the new Constitution." This was recently reported in Nairobi's The Standard. Natural Justice, which has been working with the Lamu communities since August 2010, continues to support Save Lamu in its call for information and consultation from the Kenyan Government on the port development and for communities' rights over traditional lands and resources.

Exploring Synergies between Protected Areas and ABS

2011-07-07T15:26:00.055+08:00

From 6-8 July, Natural Justice, the United Nations Environment Programme (UNEP), and the International Union for Conservation of Nature (IUCN) are co-hosting an expert meeting to explore synergies between access and benefit sharing (ABS) and the governance and management of protected areas. The Nagoya Protocol on ABS was adopted in 2010 by the 10th Conference of the Parties to the Convention on Biological Diversity (CBD). Many countries have already developed or are in the process of developing legislation to enact the provisions. To date, there have been very few discussions or publications addressing the potential linkages between the Nagoya Protocol and the other processes and Programmes of Work under the CBD, both at the international policy level and within the domestic context of implementation. For example, the Programme of Work on Protected Areas (PoWPA), which was adopted in 2004 at the 7th COP, is generally seen as the CBD's most successful Programme, with specific and time-bound targets and progressive elements that address governance, participation, equity, and benefit-sharing. However, implementation of PoWPA is also lacking in many countries, particularly in aspects relating to Indigenous peoples and local communities.

Given the cross-cutting nature of the CBD's objectives to conserve, sustainably use, and equitably share benefits of biodiversity, it is imperative for the implementation of the Nagoya Protocol within domestic frameworks to be harmonized with existing frameworks on protected areas, among others. This meeting, held at the IUCN headquarters in Gland, aims to explore the potential synergies between protected areas and ABS in law, policy, and practice, potential conflicts and concerns, and how these could be addressed in practice.

Deconstructing Protected Area Governance at IUCN

2011-07-06T13:40:00.028+08:00

From 4-5 July, Holly Shrumm (Natural Justice) attended a meeting at the International Union for Conservation of Nature (IUCN) headquarters in Gland about a draft resource kit on protected area governance. This kit, which will include a content-focused guide and a training-of-trainers guide, has been under development by partners from the IUCN Secretariat, the IUCN Commission on Environmental, Economic and Social Policy (CEESP), the IUCN World Commission on Protected Areas (WCPA), and the German development cooperation organization (GIZ). It explores a variety of issues including the emergence and realization of the new conservation paradigm since the 2003 World Parks Congress; the Programme of Work on Protected Areas (PoWPA) under the Convention on Biological Diversity (CBD) and relevant CBD Decisions; protected areas management types and governance categories; and a compilation of case studies, resources, and tools.

The meeting was intended to bring together different partners who have been involved in the development of the kit to revisit what has been accomplished so far and to chart a way forwards. It is intended to be ready for use in regional PoWPA training workshops in collaboration with the CBD Secretariat in 2012.

New TWN Book on Nagoya Protocol Negotiations

2011-06-29T21:35:00.002+08:00

The Third World Network (TWN) has released the second edition of "The Road to an Anti-Biopiracy Agreement: The Negotiations Under the United Nations Convention on Biological Diversity". Comprised of a series of reports and articles, the book provides detailed descriptions and analyses of the 14 sets of negotiations since 2004 that led to the adoption of the Nagoya Protocol on Access and Benefit Sharing in 2010. It also provides initial analysis of the potential of the Nagoya Protocol to stop and prevent biopiracy of biological resources and traditional knowledge and to contribute to the fair and equitable sharing of benefits and the conservation and sustainable use of biodiversity.

UNFCCC Meetings & Event on REDD Safeguards

2011-06-26T21:51:00.028+08:00

The United Nations Framework Convention on Climate Change (UNFCCC) recently held parallel meetings in Bonn, Germany. The 34th sessions of the Subsidiary Body for Implementation (SBI) and the Subsidiary Body for Scientific and Technological Advice (SBSTA) took place from 6-16 June. The second part of the fourteenth session of the Ad Hoc Working Group on Long-term Cooperative Action (AWG-LCA) and the second part of the sixteenth session of the Ad Hoc Working Group on the Kyoto Protocol (AWG-KP) took place from 7-17 June.

On 7 June, Ecuador and the United Nations Collaborative Programme on Reducing Emission from Deforestation and Forest Degradation (UN-REDD) held a joint side event about some of the key concepts and tools being developed to address safeguards in REDD+ implementation. An press release on the side event states, "The Agreement on REDD+ now recognizes the need to 'promote and support' safeguards and requests parties to develop a 'system for providing information on how safeguards are being addressed and respected'. Safeguards include critical issues such as forest governance, respect for the knowledge and rights of Indigenous Peoples and members of local communities and actions that are consistent with conservation of natural forests and biological diversity." Presentations at the side event included the UN-REDD Programme on its approaches and various sets of guidelines; the Climate Community and Biodiversity Alliance (CCBA) on its Social and Environmental Standards Initiative; TEBTEBBA on the importance of addressing Indigenous peoples' land tenure; and Ecuador and Vietnam on their experiences with addressing safeguards in their respective national contexts.

More information about the side event and its presentations can be accessed here. Daily reports and analysis of the UNFCCC negotations are provided by IISD Reporting Services.

New Publication on Development & Customary Law

2011-06-24T09:30:00.000+08:00

The International Work Group on Indigenous Affairs (IWGIA) recently released an issue of "Indigenous Affairs". Edited by Jens Dahl and Geneviève Rose, it includes a range of articles on different aspects of customary law, self-determination, and development among Indigenous peoples in Kenya, Sabah (Malaysia), India, Bolivia, and Russia. The editorial explores the importance of customary law for Indigenous peoples' self-determined development, self-governance, control and management of their territories, and addressing internal challenges such as conflict resolution and women’s rights. The full issue can be downloaded here.

Thanks to Elsa from the TK Bulletin for the link!

CBD Meeting on Sustainable Use Held in Montreal

2011-06-22T08:43:00.000+08:00

The Secretariat of the Convention on Biological Diversity (CBD) hosted a meeting from 31 May to 3 June in Montreal on the sustainable use of biological diversity, with particular focus on customary sustainable use (i.e. Article 10(c)). Participants agreed on recommendations regarding elements of a strategy to integrate Article 10(c) as a cross-cutting issue into the CBD work programmes and thematic areas, beginning with the programme of work on protected areas, as well as recommendations on: developing further guidance on sustainable use and related incentive measures for Indigenous peoples and local communities; and considering measures to increase the engagement of Indigenous peoples and local communities and governments at the national and local levels in the implementation of Article 10 and the ecosystem approach. They also focused on how to operationalize the three indicators adopted for traditional knowledge: status and trends of linguistic diversity and numbers of speakers of Indigenous languages; status and trends in land-use change and land tenure in the traditional territories of Indigenous peoples and local communities; and status and trends in the practice of traditional occupations. The advice and recommendations developed at the meeting will be submitted to the seventh meeting of the CBD Working Group on Article 8(j) this November, as well as to the 11th Conference of the Parties (October 2012).

Meeting documents, including the agenda and information on indicators, can be found here. More information about the meeting can be viewed on the Traditional Knowledge Information Portal. Thanks to Elsa from the TK Bulletin for the links and description!

Viewing People and Parks through a New Lens

2011-06-20T13:40:00.000+08:00

From 18-19 June, Natural Justice attended a seminar on biocultural diversity and conservation in Sabah, Malaysia. It was the second of three seminars and part of an interactive course designed by the Global Diversity Foundation (GDF) and funded by the Darwin Initiative UK. The first seminar, "Reframing Our Ecology: Concepts and Debates for Research and Advocacy in Human-Environment Relationships", took place in April.

This second seminar was facilitated by Dr. Tania Li (Department of Anthropology, University of Toronto) and Dr. Richie Howitt (Department of Geography and Environment, Macquarie University). Drawing on critical academic literature, Dr. Li and Dr. Howitt guided participants through discussions of contemporary issues concerning people and parks (particularly areas of contention), scale and institutions, and intercultural environmental governance. Online discussions of additional readings will continue ahead of the third seminar in October.

Discussing Community Conserved Areas in Sabah

2011-06-17T14:24:00.002+08:00

On 16 June, a back-to-back roundtable and panel session on community conservation initiatives was held at the International Symposium on Society and Resource Management (ISSRM) in Kota Kinabalu, Sabah. The roundtable focused on Model Ecologically Sustainable Community Conservation and Tourism (MESCOT), a community-based initiative comprising four villages in Sabah's Lower Kinabatangan Floodplain that includes home stays, a rainforest eco-camp, wildlife tours, lake and forest restoration, and cultural shows. Founded on pioneering agreements with the Sabah Forestry Department and since supported by the NGO LEAP, MESCOT exemplifies the potential for constructive collaboration between communities, government, and civil society. While there are many challenges in working with communities, for example, moving according to local timelines, priorities, and leadership structures, it was noted that ensuring conservation across landscapes necessitates dialogue and collaboration with communities who live in those areas. The roundtable was moderated by Jannie Lasimbang (Malaysian Human Rights Commission) and included Rosli Jukrana (MESCOT), Datuk Sam Mannan (Director of Sabah Forestry Department), Cynthia Ong (LEAP), and Anne Lasimbang (PACOS).

The follow-up panel explored the broader concept of Indigenous Peoples' and Community Conserved Areas (ICCAs) and their practical role in the conservation of biological and cultural diversity. Holly Shrumm (Natural Justice) provided an overview of international protected area policy and trends relating to recognition of and support for community conservation initiatives. Sweta Mishra (Concern WorldWide-India) described the legal recognition of forest-dwelling communities in India’s Forest Rights Act 2006, which, despite barriers to local implementation, represents a significant shift towards community-based management and sustainable use of forests. Justine Vaz presented a recent study about ICCAs’ potential to connect vital protected areas in Sabah through the involvement of local Indigenous communities. The study highlights opportunities within existing legal and policy frameworks to build community capacity to contribute to conservation alongside government, civil society, and the private sector. Gary Martin (Global Diversity Foundation) also discussed examples of ICCAs in Mexico, noting that certain types of recognition and support may actually undermine community conservation initiatives and solidarity.

Thanks to everyone who presented and participated in these sessions, and to Colin Filer (ANU) for supporting our registrations. Congratulations to Fadzilah Majid-Cooke (Universiti Malaysia Sabah) for successfully chairing the symposium.

New Publications from RRI and FPP

2011-06-16T08:31:00.000+08:00

Forest Peoples Programme (FPP) and their partners recently released 6 case studies and a synthesis report on customary sustainable use of biodiversity by Indigenous peoples and local communities. Case studies from Bangladesh, Cameroon, Guyana, Suriname, and Thailand provide insights into the sophistication of local management systems, in particular the customary law systems that guide the wise use of biological resources. The communities also describe the threats that their customary management systems are facing and identify obstacles to effective country-level implementation of the Convention on Biological Diversity's Article 10(c), which states that parties shall protect and encourage customary use of biological resources in accordance with traditional cultural practices that are compatible with conservation or sustainable use requirements.

Owen J. Lynch (Rights and Resources Initiative) also released a new publication entitled, "Mandating Recognition: International Law and Native/Aboriginal Title". It identifies, summarizes, and analyzes leading international and national laws and judicial cases recognizing or otherwise supportive of native/aboriginal title. Native/aboriginal titles are community-based property rights typically held by Indigenous peoples and other original, long-term-occupant local communities. The paper highlights widespread and growing evidence that international law is moving towards (and arguably already is) mandating legal recognition of native/aboriginal title to Indigenous territories and ancestral domains. It references decisions of the International Court of Justice, the Inter-American Court, and the African Commission on Human and Peoples Rights. This emerging mandate in favor of native/aboriginal title is also apparent in international conventions and declarations, as well as at least fourteen nation states that are already obliged under domestic law, albeit in differing ways, to recognize Indigenous peoples’ and others’ native/aboriginal titles.

Thanks to Elsa from the TK Bulletin for the links and descriptions!

Substantive and Procedural Injustices of the Nagoya Protocol

2011-06-15T14:48:00.000+08:00

A Joint Submission of the Grand Council of the Crees (Eeyou Istchee), endorsed by 73 organizations globally (and counting), comprehensively details the substantive and procedural injustices of the Nagoya Protocol on Access and Benefit Sharing in relation to Indigenous peoples' human rights. The executive summary and full text of Joint Submission are available online. Some of the injustices detailed include, among others:

lack of full respect for international standards such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP);
excessive reliance on national legislation;
focus only on "established" rights under national legislation, which could lead to widespread dispossession and discrimination; and
lack of full respect for Indigenous peoples' procedural right to full and effective participation throughout the negotiations and in the final text of the Nagoya Protocol.

The executive summary of the Joint Submission closes by saying, "In relation to Indigenous peoples and local communities, the Protocol must be consistent with the principles of justice, democracy, equality, non-discrimination, respect for human rights and rule of law. The rights, security and well-being of present and future generations must be ensured." The Joint Submission has been sent to the Executive Secretary of the Convention on Biological Diversity and to the 10th Session of the Permanent Forum on Indigenous Issues, among others.

The Joint Submission is very well-researched and -written, raising important questions about the procedures of the United Nations systems at large and about the Nagoya Protocol specifically. It particularly emphasizes barriers to the realization of Indigenous peoples' and local communities' rights to full and effective participation in decisions made on their behalf and that will impact their lives. These are of critical importance to the global and localized movements to secure communities' rights to self-determination and others enshrined in UNDRIP. However, we also acknowledge that the Nagoya Protocol is a negotiated text that arose within the confines of a United Nations system (not without its own critiques). Certain gains were arguably made in the Nagoya Protocol and we hope to work towards cross-leveraging these gains with those made over time in various other international law- and policy-making fora to ensure that the highest standards of rights and responsibilities are upheld at all levels, and particularly at the local level where communities are impacted most directly.

Latest Edition of CBD Civil Society Newsletter

2011-06-14T08:32:00.002+08:00

The fifth issue of [square brackets], the newsletter for civil society involved in the Convention on Biological Diversity (CBD), was recently released. This issue focuses on implementation of the 2011-2020 Strategic Plan as well as reaching the Aichi Biodiversity Targets. Other articles address biofuels, the new focus in the CBD on customary sustainable use, and the green economy. Holly Shrumm (Natural Justice) served on the editorial board along with colleagues from the CBD Alliance, Forest Peoples Programme, Japan Civil Society Network, African Indigenous Women's Network, and CBD Secretariat.

New Publication: Agricultural Biodiversity in Europe

2011-06-13T21:57:00.000+08:00

Michel Pimbert (International Institute for Environment and Development) has written a new publication entitled, "Participatory Research and On-farm Management of Agricultural Biodiversity in Europe". He summarizes the publication (available for download) as follows: "Drawing on experience in Europe and the wider literature, this paper offers some critical reflections on how and under what conditions the European Union might support the development of innovative participatory approaches for the management of agricultural biodiversity in Europe. Recommendations for the European Union and its citizens are offered on how to address three challenges in particular:

Transforming knowledge and ways of knowing for the local adaptive management of agricultural biodiversity and resilience in the face of climate change and uncertainty;
Scaling up and institutionalising participatory research and innovation in plant breeding, varietal selection, and agroecological research; and
Policy reversals for the participatory management of agricultural biodiversity.

This EU-wide transformation is all the more necessary now given that resilience, mitigation and adaptation to climate change directly depend on supporting innovative participatory approaches for managing agricultural biodiversity at the farm and landscape levels. The construction of a new modernity for food and farming in Europe also depends on such a transformation."

A related news article ("Europe Sowing the Seeds of Hunger" by Stephen Leahy) provides a narrative of the key issues in Pimbert's publication.

Legislative Review of South Africa's IP Amendment Bill

2011-06-12T17:43:00.001+08:00

On 8 and 10 June, Johanna von Braun and Laureen Manuel (Natural Justice) participated as experts at the Portfolio Committee for Trade and Industry in South Africa's Parliament to give input into further amendments proposed to the Intellectual Property Amendment Bill. The Bill (B8-2010), which has been discussed within South Africa's government for more than a year, seeks to amend four national intellectual property frameworks, namely the Performers' Protection Act (1967), the Copyright Act (1978), the Trade Marks Act (1993) and the Designs Act (1993). Due to a significant level of the Members' skepticism of the benefit of the current drafting of the Bill, the Committee decided to redraft it entirely. During the meetings, Natural Justice highlighted its views on the limitations of protecting traditional knowledge through conventional forms of intellectual property, apart from some forms of defensive protection it may offer. Natural Justice has been invited to accompany the process as the need arises in the coming future.

First Meeting of the IGC on the Nagoya Protocol

2011-06-11T17:34:00.001+08:00

From 6-10 June in Montreal, Kabir Bavikatte (Natural Justice) participated in the First Meeting of the Intergovernmental Committee on the Nagoya Protocol on Access and Benefit Sharing (ICNP-1) under the auspices of the Convention on Biological Diversity (CBD). Kabir was involved in the negotiations of the ICNP in his capacity as the legal advisor to the African Group of Countries. Over the 5 days, the ICNP focused on the modalities of establishing a Clearing House Mechanism for the Nagoya Protocol, issues relating to capacity development and awareness raising, and measures to ensure compliance of parties to the Nagoya Protocol. The ICNP recommended that the Secretariat of the CBD begin the pilot phase of implementation of the Clearing House Mechanism soon and report to the 2nd meeting of the ICNP on the progress that has been made. The ICNP also recommended a meeting of experts on 'compliance procedures' in the intercessional period before the second meeting of the ICNP.

The second meeting of the ICNP will focus on, among other things, agreeing on a compliance mechanism under the Nagoya Protocol to ensure that Parties fulfill their obligations to the Protocol. This meeting will be held in Delhi, India, in April 2012 and the First Meeting of Parties to the Nagoya Protocol will be held in Hyderabad, India, in October 2012.

Side Event on Community Protocols at ICNP-1

2011-06-07T16:44:00.047+08:00

At the First Meeting of the Intergovernmental Committee on the Nagoya Protocol on Access and Benefit Sharing (ICNP-1) in Montreal, a side event was hosted on 6 June on biocultural community protocols. Entitled "Biocultural Community Protocols Under the Nagoya Protocol: Nurturing ABS-TK Implementation and Awareness Raising Approach", it was jointly organized by Seneca International, Asociacion ANDES (Peru), INBRAPI (Brazil), and Chinchansuyo (Ecuador).

Alejandro Argumedo (Asociacion ANDES) provided an outline of biocultural protocols by highlighting their derivation from the concept of biocultural heritage and provides parameters for discussion within and among communities and between communities and other actors. Alejandro noted that the intrinsic elements of a protocol articulate the rights of Mother Earth, reciprocity as the basis of exchanges, and links to ecosystems and landscapes, and recognizes economies based on biodiversity and culture and intercultural practices (linking different cultures/economies under a respect-based process). The extrinsic elements of a protocol links customary laws and positive law systems working together in a reciprocal, complementary and supportive way to achieve “equity” in benefit sharing. Biocultural protocols also help with the effective implementation of Articles 10(c) and 8(j) of the Convention on Biological Diversity and the Nagoya Protocol on Access and Benefit Sharing and supports an integrated approach to rights (specifically Traditional Resource Rights). Alejandro emphasized that among the objectives of a biocultural protocol are to articulate how Indigenous peoples practice “conservation and sustainable use” of biodiversity, ensure effective participation against biopiracy, constitute a process of community empowerment, improve livelihoods, and support the dynamic and innovative nature of customary law. Alejandro also presented on the Potato Park Biocultural Protocol and mentioned that the Protocol had a ranking system based on points that would identify the role that each of the six potato park communities play in conserving and sustainably using their collective biocultural heritage. Based on the number of points each community would get, the benefits derived from any ABS agreement would be shared proportionally. Finally, he highlighted the work that the Potato Park communities in setting up micro-enterprises based on a concept of 'collective trademarks'.

Luciana Fernanda (INBRAPI) spoke of the work that INBRAPI has begun in supporting Brazilian Indigenous peoples in developing biocultural protocols, as well as ensuring an effective interface between communities and the government. Yolanda (Chinchansuyo, Ecuador) spoke of her organization's work on communicating the Nagoya Protocol with communities and the importance of biocultural protocols. Yolanda spoke of the need to explore different tools of communication including films, pictures, and theater.

Closing remarks were made by Preston Hardison (Tulalip Tribes, Washington). He emphasized the need for respect for communities' cosmovisions in the context of ABS. According to Preston, the question isn't about whether or not communities want to share their knowledge and resources, but rather regarding communities sharing according to their traditional values. Communities would like to use biocultural protocols as a way to link to their customary laws in the context of interfacing with external users. Preston proposed the development of something similar to the IUCN Red List for communities' sacred species where research and commercial use is strictly regulated (for example, ayahuasca and cedar trees).

OSISA Meeting on Economic Justice

2011-06-01T16:39:00.001+08:00

Kabir Bavikatte and Gino Cocchiaro (Natural Justice) attended the Open Society Initiative for Southern Africa (OSISA) Economic Justice Partners Meeting from 30-31 May. The meeting was attended by approximately 50 participants from Southern Africa who have been working with OSISA's Economic Justice Division to address various issues facing the region. The meeting heard from a number of participants who shared their experiences and engaged in vibrant discussion on areas such as: economic governance in Southern Africa; poverty and inequality; debt, aid and trade; public participation in aid and budget monitoring; the role of the consumer rights movements in monitoring economic governance in the region; natural resource rights and governance; and climate change, COP 17 and beyond. Natural Justice was invited to present on its work in Africa on community protocols, the Nagoya Protocol on Access and Benefit Sharing, and the emerging discourse on biocultural rights.

Supporting Livestock Keeper's Rights in Rajasthan

2011-05-29T02:52:00.000+08:00

Natural Justice is in Rajasthan, India, working with Lokhit Pashu-Palak Sansthan, Kalpavriksh, and others to focus on the Raika's continuing exclusion from the Kumbalgarh Sanctuary. Read other blog postings for more information about an August 2010 international meeting on livestock keepers' rights; the Raika's July 2010 appeal to the Forest Department; a March 2010 workshop on biocultural community protocols for livestock keepers; and a case study in the IUCN Rights-Based Approach to Conservation Portal. A 2010 book on livestock keepers' rights and biocultural community protocols by Ilse Koehler-Rollefson provides an excellent overview and analysis of the issues.

Subsequently, Natural Justice will visit the Centre for Indian Knowledge Systems in Chennai to discuss their plans to develop a legal empowerment programme, and then meet with colleagues at the Institute of Ayurveda and Integrative Medicine (I-AIM, formerly the Foundation for the Revitalization of Local Health Traditions) to discuss biocultural community protocols.

Kalpavriksh Newsletter: Focus on Pastoral Communities

2011-05-29T01:57:00.000+08:00

The latest issue of Kalpavriksh's newsletter, "People in Conservation: Biodiversity Conservation and Livelihood Security", is a special issue on pastoral communities. It includes news about a village's success, reports from workshops and conferences on the commons, the Forest Rights Act, a Biosphere Reserve, and women pastoralists, and case studies from the Deccan Plateau, Rajasthan, and Balochistan (Pakistan). On page 6, it also includes discussion of the Raika Biocultural Protocol by Hanwant Singh Rathore and Ilse Koehler-Rollefson, which the Raika is using to assert internationally recognized livestock keepers' rights as well as their rights under India's 2006 Forest Rights Act.

Special Rapporteur on the Collective Rights of Indigenous Peoples

2011-05-24T02:02:00.023+08:00

James Anaya, the UN Special Rapporteur on the Rights of Indigenous Peoples, gave the keynote speech at the opening of the 18th session of the World Intellectual Property Organization's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folkore, on May 9 in Geneva. In his speech, he stressed that Indigenous peoples' demands to maintain control over their traditional knowledge and cultural expressions are grounded in widely applicable principles of fundamental human rights. A summary of Anaya's speech is entitled, "The Collective Rights of Indigenous Peoples: Their Conceptual Foundations and Implications".

The WIPO committee is in the process of drafting text for an international legal instrument on traditional knowledge, genetic resources, and traditional cultural expressions. However, the May 9-13 negotiations hit a roadblock regarding issues of disclosure and the participation of Indigenous peoples in particular. Read an analysis of the negotiations in Volume 11, Number 9 of Bridges Trade BioRes.

Analyzing the Nagoya Protocol in New York

2011-05-23T08:31:00.001+08:00

Gino Cocchiaro (Natural Justice) is currently in New York to take part in the information and preparatory meeting for Indigenous peoples and local communities on access and benefit sharing (ABS) and traditional knowledge entitled, "The Nagoya Protocol and the Way Ahead". The meeting, which took place from May 21-22, is organized and supported by the ABS Capacity Development Initiative for Africa, the Indigenous Information Network (IIN), Indigenous Peoples of Africa Co-ordinating Committee (IPACC), Conservation International, GIZ, and the Equator Initiative of the United Nations Development Programme.

The meeting provided participants with a background to the Nagoya Protocol on ABS and an opportunity for representatives of Indigenous peoples and local communities from North America, Latin America, Africa, and Asia to critically analyze the potential benefits and areas of concern of the Protocol. Participants also discussed and prepared plans of action on how to best utilize the Nagoya Protocol in order to engage their governments on the issues and ensure that they recognize and support the rights of Indigenous peoples and local communities over their genetic resources and associated traditional knowledge when implementing national ABS legislation. The information and preparatory meeting coincides with the 10th Session of the United Nations Permanent Forum on Indigenous Issues, which takes place from May 16-27.

New Website on Biocultural Heritage Launched

2011-05-22T12:58:00.000+08:00

The International Institute for Environment and Development (IIED) has launched a new website on biocultural heritage. Krystyna Swiderska (senior researcher, IIED) describes biocultural heritage as "the interlinked biological and cultural heritage that arises from the interaction between culture, knowledge, biodiversity and landscapes". The new website is intended "to promote understanding of traditional knowledge as biocultural systems, and of the need to protect biocultural systems as a whole, rather than focusing narrowly on rights to traditional knowledge in isolation". Including guidance and resources for grassroots organizations, researchers, practitioners, and policy-makers, the website draws on research by IIED, research partners, and Indigenous peoples in Peru, Panama, Kenya, India, and China to provide:

Understanding of the nature and importance of biocultural systems, and the threats they face.
Practical tools and strategies for protecting biocultural systems: community biocultural protocols, registers, products and agreements.
Emerging biocultural policy and legal frameworks.

Natural Justice congratulates IIED and the partner organizations for developing this excellent resource and we look forward to working together to further address these critical issues in constructive and collaborative ways.

IDRC and GIZ Project Launches in South Africa

2011-05-21T12:35:00.000+08:00

Kabir Bavikatte, Gino Cocchiaro and Johanna von Braun (Natural Justice) participated in the launching workshop of the Open AIR (African Innovation Research and Training: Exploring the Role of Intellectual Property in Open Development). The workshop was held in Cape Town from May 17-20 and attracted participants from different parts of Africa and some from beyond the continent. The workshop sought to kick off the 3-year Open AIR project, which is supported by IDRC and GIZ. It seeks to address the questions, "What is the relationship between innovation, development and "openess"? What are the enabling conditions, and how do they interact?

Specifically, the workshop attempted to bring together individuals and institutions from across Africa working on questions such as the role of intellectual property in supporting or hindering openness and innovation and how shifting economic, technological, and environmental driving forces impact the development of African intellectual property law and policy. The workshop discussed a variety of case studies ranging from traditional knowledge commons to innovations in the informal sector. The case studies generated interesting discussions on openess, the nature of property, and markets. One of the objectives of the Open AIR project is to work with researchers in South Africa, Ethiopia, Ghana, and Nigeria to look at the concept of traditional knowledge commons, specifically in the context of how traditional knowledge is used and shared by communities in Africa, and whether existing intellectual property systems or sui generis systems adequately respond to the concerns of these communities.

UEBT Meetings on ABS and Biodiversity

2011-05-17T10:22:00.000+08:00

From May 4-5 in Paris, the Union for Ethical BioTrade (UEBT) hosted a back-to-back experts meeting on access and benefit sharing (ABS) and biotrade and a conference on "The Strategic Importance of Biodiversity: The Beauty of Sourcing with Respect". Participants in the experts meeting included, among others, Natural Justice associate Dan Robinson (University of New South Wales), Claudio Chiarolla (Institute for Sustainable Development and International Relations), Sonia Pena Moreno (IUCN Global Policy Unit), and Pierre du Plessis (CRIAA, Namibia). They explored the links between ABS and biotrade, particularly cross-cutting issues such as traditional knowledge, fair trade, and corporate social responsibility.

The conference on May 5 was directed primarily towards companies engaged in "ethical biotrade practices" and included some discussion of the Nagoya Protocol on ABS. UEBT also launched the latest version of its "Biodiversity Barometer", which helps track awareness of biodiversity issues among consumers and the business sector. More information is available in the conference report and on the UEBT website.

ABS Capacity Development with Lusophone Countries

2011-05-10T17:04:00.000+08:00

From 3-6 May, Johanna von Braun (Natural Justice) co-facilitated the first Access and Benefit Sharing (ABS) Capacity Development Workshop for African lusophone countries in Maputo, Mozambique. The workshop was hosted by the Ministério para a Coordenação da Acção Ambiental (Mozambique's Ministry for the Coordination of Environmental Action) as well as the ABS Capacity Development Initiative for Africa (ABS Initiative). Approximately 35 participants from Angola, Cape Verde, Guinea Bissau, and Mozambique included the ABS focal points of each country and other government officials, as well as representatives from the scientific community, civil society organizations, traditional healers, NGOs, and the private sector. During the course of the workshop, participants went through a range of presentations and group discussions on the Convention on Biological Diversity (CBD), the recently adopted Nagoya Protocol, and the challenges of implementing the Protocol in an effective manner. Presentations were given by international experts from the Brazilian government (Juliana Santilli and Krishna Barros Bonavides), from the Fridtjof Nansen Institute in Norway (Morten Tvedt), and from Natural Justice (Johanna von Braun). Overall, the workshop provided for ample space to exchange a wealth of experiences and knowledge from participants from the region.

During the course of the week, participants visited the newly established Centro de Investigação e Desenvolvimento em Etnobotânica (CIDE, Centre for Research and Development in Ethnobotany), located outside of Maputo in Namaacha. The Centre, established by the Ministry of Science and Technology in Mozambique, has large gardens with both native and non-native medicinal plants and is in the process of establishing a laboratory that can engage in the scientific analysis of these plants and support early processing stages such as the extraction of essential oils. In Namaacha, participants were divided between a visit to the Centre and a range of other presentations by Mozambican stakeholders, ranging from public research institutions, NGOs, and the private sector, all of whom shared their experiences as they relate to ABS. These practical examples provided some useful food for thought for the rest of the workshop when thinking about the challenges that governments have to face when designing and implementing a national ABS policy and system.

At the end of the workshop, participants highlighted the need for further assistance in this new and complex field. Particular emphasis was paid to the nature and need for more support in the Portuguese language, as this is one of the primary reasons that many of the lusophone African countries often do not benefit from much of the technical assistance provided on the continent, which is mostly provided in French and English. Participants agreed to maintain the newly established links among the four participating countries to ensure a continuing exchange of experiences in relation to ABS.

Joint CBD Submission on REDD+ Safeguards

2011-05-04T21:56:00.000+08:00

Together with the Centre for International Environmental Law, the International Alliance of Indigenous and Tribal Peoples of the Tropical Forests, Kenya Young Greens, the Rainforest Foundation Norway, and BirdLife International, Natural Justice developed a submission on REDD+ safeguards for the Secretariat of the Convention on Biological Diversity. Natural Justice stressed that "In the discussion of biodiversity and social safeguards relating to REDD, ... Articles 8j and 10c suggest that the most fundamental 'biocultural safeguard' is the right to free, prior and informed consent (FPIC)." View the full submission and find out more about Natural Justice's involvement in the REDD+ biodiversity and social safeguards process.

Bhutan: The Policy and Practice of Happiness

2011-05-02T20:50:00.002+08:00

The National Biodiversity Center of Bhutan recently hosted a multistakeholder workshop on access and benefit sharing (ABS), which was facilitated by Kabir Bavikatte (Natural Justice) and Morten Tvedt (Fridtjof Nansen Institute). The outcomes of the workshop resulted in extensive discussions with the members of the National Biodiversity Center and eventually a working draft of a national ABS policy that is aligned with Bhutan's current law, policy and vision. The working draft ABS policy will be further scrutinized within the Ministry for Agriculture and Forests and discussed with the different government departments. The working draft will also be debated at 4 regional community consultations over the next two months, after which it will be assessed by the Commission on Gross National Happiness to analyze whether it meets the standards set by the Gross National Happiness Indicators. At the end of this process, the draft ABS policy will be critically reflected upon by Bhutan's cabinet and the final outcome of this reflection will be adopted. Based on this policy, the Royal Government of Bhutan intends to then commence developing its ABS legislation and regulations.

Deconstructing Biocultural Diversity and Conservation

2011-04-27T18:15:00.001+08:00

From April 25-26, Natural Justice attended a seminar on biocultural diversity and conservation in Sabah, Malaysia. It is the first of three seminars and part of an interactive course designed by the Global Diversity Foundation (GDF) and funded by the Darwin Initiative UK. This seminar, facilitated by Dr. Rajindra Puri (University of Kent), was entitled "Reframing Our Ecology: Concepts and Debates for Research and Advocacy in Human-Environment Relationships". Drawing on a selection of recent academic literature and case studies from around the world, participants explored concepts and methods of biocultural diversity; community-based conservation; protected areas; and poverty and conservation. Community researchers from Ulu Papar and Bundu Tuhan also presented on their experiences and activities over the past several years, which have included a range of participatory research and communication techniques such as demographic surveys, mapping, video, and photography. The next seminar will be held in June.

Bhutan: Will ABS Make Us Happier?

2011-04-21T10:16:00.000+08:00

The National Biodiversity Center of Bhutan hosted a two-day multi-stakeholder capacity development workshop on Developing a National Access and Benefit Sharing (ABS) Policy for Bhutan. The workshop was facilitated by Kabir Bavikatte (Natural Justice) and Morten Tvedt (Fridtjof Nansen Institute). The workshop explored a number of issues arising from the Nagoya Protocol on ABS, including regulating access to genetic resources and traditional knowledge in Bhutan, ensuring compliance with Bhutanese ABS law, and the rights of Bhutanese communities.

The workshop had 32 participants representing Bhutan's Ministry of Forests and Agriculture, civil society organizations, community groups, and research and private sectors. One of the most interesting aspects of the workshop was a collective visioning process of what a potential ABS policy for Bhutan could look like. The visioning process sought to use Bhutan's Gross National Happiness indicators to analyze whether Bhutan needed ABS as an incentive for conservation considering that 70% of Bhutan's lands are under forest cover. The participants decided that Bhutan required an ABS policy to secure benefits and livelihoods to be able to justify their strong conservation policies to a growing population. However, they wanted to take the time to develop an ABS policy with a difference - one that would generate livelihoods, develop Bhutan's research capacity, collaborate with ethical companies, focus on products that are environmentally friendly, and stay true to their cultural and spiritual values.

The workshop will be followed by further planning meetings facilitated by Bhutan's National Biodiversity Center. The meetings will be held with the aim of developing a road map for an ABS policy that is widely consulted in Bhutan and is rooted in the criteria of Gross National Happiness.