CAPE TOWN HUB- SKILL SHARE SESSION: Land Rights of Indigenous Peoples in Africa; With a Special Focus on Central, Eastern and Southern Africa

Guest Speaker & author

Dr. Albert Kwokwo Barume,

UN Chair to Expert Mechanism on the Rights of Indigenous Peoples

On the 31^st of October 2016, the Cape Town hub hosted a Skill and Information Sharing Session with our eminent guest speaker, Dr. Albert Barume.  He is an African lawyer from the DRC region. He is one of the leading experts around land, human rights and related matters affecting indigenous peoples. He played a key role in leading the protection of rights and norms of indigenous peoples in especially the Africa region and internationally. He also led on the process engaging African governments to support the vote in favour of adopting the UN Declaration on the Rights of Indigenous Peoples during 2007. Which resulted in the development of the Advisory Opinion of the African Commission on Human and Peoples Rights Commission on the UN Declaration on the Rights of Indigenous Peoples impacting the adoption of the UNDRIP during September 2007. He also serves as an expert member to the African Commission’s special mechanism called the Working Group on Indigenous Populations/Communities in Africa.  For our skill share session he was a discussant to his book called, Land Rights of Indigenous Peoples in Africa: With a Special Focus on Central, Eastern and Southern Africa.

He touched on important issues ranging from the human rights-based meaning pertaining the conceptualization of indigenous peoples’ rights in Africa. He also discussed the land rights challenges faced by IPs in the region. Highlighting the importance of the preservation and protection of their land use and management systems, as well as their ways of life. 

African Civil Society Engages the 6th Special Session of AMCEN

Natural Justice joined the ‘Pre-AMCEN African Post Paris/UNEP MGSF Consultative Workshop’ held in Cairo, 15^th April 2016. The workshop was organised and hosted by the Pan African Climate Justice Alliance (PACJA), and CSO representatives from across Africa met to deliberate on key issues on the agenda of the 6^th African Ministers Conference on the Environment (AMCEN). The aim of the workshop was to reflect on the COP21 outcomes, the Sustainable Development goals and plan for the 2^nd United Nations Environmental Assembly scheduled for 23-27^th May 2016, Nairobi, Kenya.

The UNFCCC Paris Climate Agreement was analysed and Natural Justice’s Dr. Cath Traynor joined a panel presentation on the agreement and discussed the implications of the mitigation decisions for Africa, other issues covered included adaptation, finance, gender, and technology transfer.

The following day a consultative workshop was held on ‘Energy Transformation and Access’, participants discussed the African Renewable Energy Initiative (AREI), which aims to enable the installation of large-scale renewable energy capacity on the African continent by 2020. Speakers shared post-Paris discussions on renewable energy, and what the initiative could mean in practical terms for Africa, breakout groups discussed how energy transformation and access could be accelerated in Africa.

Ms. Hindou Oumarou (PACJA Executive Committee), Representative for Hon. Dr. Khaled Fahmy (AMCEN Chair/Minister for Environment, Egypt), & Mr. Mithika Mwenda (PACJA Secretary General)

Representatives from both workshops drafted key messages for AMCEN, these included calling on their governments to play a leading role in the forthcoming April 22 UN Paris Agreement Signing in New York, to compel developed countries to sign and ratify the Agreement, to fulfill their commitments and indeed to raise their Nationally Determined Contributions ambition so that the collective goal of limiting temperature increases to 1.5^oC above pre-industrial levels can be achieved. They also called for their governments to translate the provisions of the Agreement and other AU resolutions into domestic laws, policies, structures and development strategies. Regards to AREI, they called for comprehensive safeguards, the involvement of local communities in the energy transition, and for decentralized energy. Mr. Mithika Mwenda, Secretary General of PACJA presented the collective message on the first day of AMCEN.

During AMCEN Ministers reaffirmed that adaptation to climate change is a priority for Africa, they highlighted the need for adequate support for implementation of adaptation measures, and that developed countries must adhere to their pre-2020 commitments in the Paris Agreement.

Natural Justice has produced a Working Paper ‘The Binding Nature of the 2015 Paris Agreement and Outcomes for Indigenous Peoples and Local Communities’ – please email cath.at.naturaljustice.org.za for a copy.

New Publication: Protecting Community Lands & Resources in Africa

In November 2013, 30 pioneering community and civil society experts from across Africa gathered together in South Africa at the first Africa Regional Symposium for Community Land and Natural Resource Protection (see our original blog here) to share experiences and practical strategies in the battle to protect community land and natural resources. 

Out of this symposium came a commitment to share these practical experiences, success stories, challenges and resources through the development of a publication by these experts and other community partners, with Natural Justice and Namati. 

At a time where threats to community lands and natural resources are peak, "Protecting Community Lands and Resources in Africa: Grassroots Advocates' Strategies and Lessons" is an exciting and innovative collection of case studies written by advocates, for advocates in Africa. Many thanks to Ford Foundation Southern Africa for its support. For a PDF version of the document, please see here

Natural Justice at the African Regional Forum on Business and Human Rights

From the 16th - 18th of September 2014, Natural Justice’s Shalom Ndiku attended the African Regional Forum on Business and Human Rights. The Conference was held in Addis Ababa, Ethiopia and hosted by the United Nations Working Group on the Issue of Human Rights and Transnational Corporations and other Business Enterprises (the Working Group) at the United Nations Economic Commission for Africa.

The Forum was held with the objective of promoting multi-stakeholder dialogue and cooperation on business and human rights (B&HR). Moreover, the Forum was an opportune moment for these diverse parties to discuss the implementation of the UN Guiding Principles on Business and Human Rights (the GPs) within Africa.  The Forum’s goals included advancing the B&HR agenda in Africa; identifying regional implementation practices, challenges and opportunities; and promoting capacity building initiatives on the GPs.

Ensuring Climate Finance Effectiveness in Africa

Kulthoum Omari, Heinrich Boell Foundation

From 21-23 May, Cath Traynor (Natural Justice Associate) participated in the “Ensuring Climate Finance Effectiveness in Africa” workshop in Magaliesburg, South Africa, organised by the Heinrich Boell Foundation, Pan African Justice Alliance, and Transparency International Kenya. The workshop provided a platform for civil society actors and other stakeholders in the region to share experiences, strategies and tools and improved the capacity of participants to play a more active role in the governance of climate finance on the African continent.

Participants discussed the importance of civil society influencing effective policy development, and exerting their watchdog role in the monitoring and implementation of climate finance. Experiences of monitoring national climate finance governance were shared from Kenya, Senegal and Zambia, amongst others. Relevant tools for capacity building and mechanisms for monitoring and oversight were discussed. Key issues raised included:

• Applying lessons learned from finance monitoring in similar spheres, for example, Overseas Development Aid;
• Opportunities for civil society organisations to influence climate finance have increased in recent years, however, advocacy is required to enhance and broaden these spaces and create new ones;

New Research on Large-scale Agricultural Investments in Zambia

Photo courtesy of ifad-un.blogspot.com

The German Institute of Global and Area Studies (GIGA) recently released a new working paper by Kersten Nolte entitled "Large-Scale Agricultural Investments under Poor Land Governance Systems: Actors and Institutions in the Case of Zambia". According to GIGA's abstract, "[t]his paper reveals how the outcomes of large‐scale land acquisitions made by foreign investors in Zambia are determined by the characteristics of the country’s land governance system. Proposing a conceptual framework adapted from Williamson (1998), and using evidence constituted by expert interviews and focus group discussions, we scrutinize the nature and evolution of the Zambian land governance system, the steps that an investor has to go through in order to attain land and the actors shaping the acquisition process. Shedding light on the acquisition process for land, we find that enforcement of formal rules is currently weak. Depending on how the actors “play the game,” land acquisitions can feature aspects of both “land grabs” and of “development opportunities.” If customary land is targeted, consultation, displacements and compensations become especially problematic issues. Moreover, we find that the power balance between actors has been altered by the presence of these investors. In particular, local authorities have gained greater power and influence."

The working paper is available for download in English; other GIGA working papers are available here.

New IIED Publication on Legal Empowerment and Accountability in Africa's Land Rush

The International Institute for Environment and Development (IIED) has released a new publication entitled "Accountability in Africa's Land Rush: What role for legal empowerment". According to IIED website, "In recent years, there has been a renewed interest in acquiring farmland for agricultural investments in lower-income countries. Whilst such investments can create jobs, improve access to markets and support infrastructure, many large land deals have been associated with negative impacts for local populations, including the dispossession of land and other resources and increased conflict over economic benefits. There is growing evidence on the scale, geography and impacts of large deals. But less is known about how the legal frameworks regulating this land rush shape opportunities and constraints in formal pathways to accountability; and how people who feel wronged by land deals are responding to seek justice, and to what ends. 

This report assesses the state of evidence on pathways to accountability in the global land rush, with a focus on Africa. It also identifies areas for a new research agenda that places accountability at its centre." The publication is available in English here.

Manual on Indigenous Rights in the African Human Rights System

The African Commission on Human and Peoples' Rights (ACHPR) and International Work Group for Indigenous Affairs (IWGIA) recently released a manual on the promotion and protection of the rights of Indigenous populations/communities through the African Human Rights System.

According to IWGIA, over the past 10 years, ACHPR "has taken bold steps to understand, expound and address the human rights situation of indigenous communities in Africa. The African Commission’s Working Group on Indigenous Populations/Communities has been the institutional anchor for these efforts... The manual is designed as a training tool for indigenous rights activists in Africa. It is also intended to be a practical instrument for use in the training of judicial officers, lawyers, media activists and government officials on indigenous rights in Africa. The full use of this manual will only be realized if it is used to enhance the capacity of indigenous groups to constructively and sustainably engage with the African human rights system."

The manual is available for download or purchase (including in French) here.

Katiba Institute's Strategic Litigation Conference in Nairobi

On 1 March 2013, Gino Cocchiaro (Natural Justice) attended a regional forum on Litigating Minority/Vulnerable Groups’ Rights in Nairobi, Kenya. The forum was organized by the Katiba Institute which works to promote the understanding and implementation of the Kenyan Constitution. The workshop provided an opportunity for lawyers involved in public interest law from a number of east African countries, including Kenya, Tanzania, Burundi, Rwanda, to share lessons on strategies and on litigating on behalf of minority or vulnerable groups. Natural Justice was invited to present on the use of biocultural rights as a strategy for securing minority rights and community protocols as a tool to strengthen minority communities' capacity to advocate for themselves.

Meeting of the African Group of Parties to CBD

Via abs-initiative.info

On 1 March 2013, the African Group of parties to the Convention on Biological Diversity (the African Group) had a meeting on the sidelines of the 7th Pan-African Access and Benefit Sharing (ABS) workshop in Phalaborwa, South Africa. The meeting was chaired by Prudence Galega of the Ministry of Environment Protection of Nature of Cameroon. 

The African Group discussed their future involvement in discussions around the draft AU guidelines on ABS. They agreed that the African Group should call for inputs or questions emanating from various fora are strategically important and it is important for the group to raise the African position in all fora. 

With regard to draft EU regulations on ABS, they wanted to explore writing a letter of concern to the European Council. Pierre Du Plessis from the Centre for Research Information Action in Africa mentioned that Kabir Bavikate and Johanna Von Braun of Natural Justice have already drafted something along these lines. The African Group decided to write a one-page document to the European Council to endorse the draft letter of concern to the EU Parliament written by Natural Justice.

ABS Initiative Team Meeting

From 4-5 March 2013, the ABS Capacity Development Initiative held a team meeting in Phalaborwa, South Africa following the 7th Pan-African ABS Workshop attended by Lassana Kone and Gino Cocchiaro of Natural Justice. The objectives of the meeting were to identify new thematic areas and to provide support to specific countries in the development and implementation of ABS regulations. The team agreed to support the establishment of the argan value chain in Morocco. Ratification, overall ABS strategy, regulatory framework, institutional arrangements, value chain development, dealing with Traditional Knowledge (TK), transboundary issues and stakeholder involvement were among the themes discussed. In terms of the existing tools, the team agreed to raise awareness for national researchers, but also to develop new standardised tools. Tools like biocultural community protocols (BCPs) will be use for the Training of Trainers at the local level and provide legal and commercial advice on Mutually Agreed Terms (MAT) and Prior Informed Consent (PIC). 

With regard to BCPs, a thematic group discussed the way forward and stressed the need to target BCPs in the context of ABS and integrate the work on value chains and biotrade with BCPs, with a specific emphasis on dialogue and business potential for genetic resources. The group further discussed the value of BCPs in cases where many communities share a resource, like the Shea in Ghana or Argan in Morocco. In this case it is not possible to involve only one community but a whole range of community. The Multi-Stakeholder Process (MSP) could be a tool to bring every community under the same umbrella. The group agreed that the next generation of BCPs should strengthen the notion of co-users of resources and use MSPs to secure the use of resources, facilitate and introduce community involvement in regulation, outline how can focal points support BCPs or similar procedures, and support legislation/regulation development. 

Regarding the draft AU guidelines on ABS, Natural Justice agreed to produce an annex to the Guidelines on good principles for community involvement.

Thematic Session on BCPs

During the 7th Pan-African Access and Benefit Sharing (ABS) workshop in Phalaborwa, South Africa, six thematic sessions were offered in French and English on 28 February 2013. Participants had the choice to participate in four sessions: interface protected areas and ABS; business models, benefit sharing, and the interface between biotrade and ABS; simplified access for basic research; compliance in Africa; biocultural community protocols (BCPs); and Interface ITPGRFA and the Nagoya Protocol. 

Gino Cocchiaro and Lassana Koné of Natural Justice and Barbara Lassen of the ABS Initiative facilitated the session on BCPs. A presentation was made on BCPs highlighting some practical examples followed by a showing of the BCP film and an engaging discussion. 

Participants attending the BCP sessions agreed that the process of developing a BCP is critical for the self determination of Indigenous and Local Communities (ILCs) and also for the self-management of their genetic resources. Participants also mentioned that similar experiences of instruments have been developed by local communities for many years with different terminology. 

Panel on TK Documentation, Valorisation and Compliance

On 27 February 2013, Gino Cocchiaro (Natural Justice) and Rodney Sibuyi (Kukula Traditional Health Practitioners Association) participated in a panel discussion together with Tom Suchanandan (South African Department of Science and Technology - DST) and Lazarus Kairabeb (Nama Traditional Leaders Association, Namibia). The panel was moderated by Barbara Lassen (ABS Initiative) and dialogue and questions followed brief presentations by panelists. The panel was held as part of the seventh Pan-African Access and Benefit Sharing (ABS) Workshop hosted by South Africa’s Department of Environmental Affairs from 25 February to 1 March 2013 in Phalaborwa, South Africa.

Gino presented on “A Traditional Knowledge Commons.” He began by identifying challenges, how knowledge sharing happened before ‘modernisation’, and suggested potential new models for sharing traditional knowledge. He discussed how knowledge can be seen as a relationship between the ancestors, the group of traditional healers, and individual experiences. He further explained how the use of a biocultural community protocol (BCP) by Kukula helped to create and preserve a pool of knowledge. Mr Sibuyi also emphasised the challenges faced by traditional healers and the positive experience with the BCP.

Mr Suchanandan described the South African National Recordal System, an initiative of the DST which will document, record and store Indigenous Knowledge (IK) for the benefit of the communities of South Africa. It takes into consideration the recording of IK in various multimedia formats and aims to promote and conserve community IK. It proposes both positive and defensive protection of IK. The system also aims to collect grassroots community experiences in local languages. 

Mr Kairabeb shared on his experiences during the recent capacity building workshop on the Nagoya Protocol on ABS, Traditional Knowledge and Nagoya – Kuala Lumpur Supplementary Protocol on Liability and Redress of Bio-safety in India.

Seventh Pan-African ABS Workshop

Natural Justice’s Lassana Kone and Gino Cocchiaro are attending the seventh Pan-African Access and Benefit Sharing (ABS) Workshop hosted by South Africa’s Department of Environmental Affairs from 25 February to 1 March 2013 in Phalaborwa, South Africa. 

The main objectives of the workshop are to collect reflections and comments on the draft AU Guidelines regarding its use and usefulness, consider the “Traditional Knowledge and Plant Genetic Resources Guidelines” developed by SANBio/NEPAD, reflect on the outcomes of the workshop on traditional knowledge in Bangalore, India, and discuss questions regarding the documentation, valorization and compliance of traditional knowledge. 

The workshop was officially opened on 25 February by the Minister of Water and Environmental Affairs Edna Molewa. She also made a symbolic handover of the second royalty payment to the National Traditional Healer’s Committee. The donors to the ABS Capacity Development Initiative, including the German Embassy, the Danish Ministry of the Environment, the Norwegian Ministry of Foreign Affairs, the Institut de la Francophonie pour le Developpement Durable and the African Union Commission also addressed the assembly. 

In the opening address, Dr Andreas Drews of the ABS Capacity Development Initiative stressed that the expected outcomes of the workshop are to share experiences, reflect and comment on the draft AU Guidelines, and identify the challenges and recommendations for the future work under the ABS Initiative on the linkages between ABS, traditional knowledge and intellectual property rights for effective national implementation of the Nagoya Protocol. There will also be an opportunity to discuss the draft EU regulation for implementing the Nagoya Protocol.

LAPSSET Dialogue Meeting in Nairobi

On 15 February 2013, Gino Cocchiaro (Natural Justice) attended a stakeholder dialogue meeting on the on-going plans and sharing of updates on the implementation of the Lamu Port and Lamu Southern Sudan-Ethiopia Transport Corridor (LAPSSET) in Nairobi, Kenya. The meeting was facilitated by Save Lamu and included over 50 participants from communities affected by LAPSSET, national civil society organisations, multinational organisations and Kenyan government agencies. The meeting resulted in the drafting and adoption of a statement on the aspirations and concerns of communities affected by LAPSSET projects. 

From the statement, “As communities that have long been disenfranchised, and that are in dire need of development, we commend the Kenyan government for its commitment to upgrading and modernising the country’s infrastructure as per the proposed Lamu Port, South-Sudan, Ethiopia Transport (LAPSSET) Corridor outlined in the Government of Kenya’s 'Vision 2030'. We appreciate the need for connecting communities along the northern corridor to facilitate national and international trade. However, we are deeply concerned by the lack of community consultation and transparency in the implementation of the project and hereby wish to express our concerns.” 

Read more about the meeting here. Download the community statement here.

Major Court Victory for Tana River Delta Communities

Photo via www.facebook.com/pages/Kenweb

In a significant victory for community land rights, the Kenyan High Court Judge Mumbi Ngugi has ruled that all land use plans for the Tana River Delta must be developed with the full participation of local communities. The Court also ordered that the Tana and Athi Rivers Development Authority must share current short and long term land use plans and that plans will be periodically reviewed. The ruling is a major triumph as tens of thousands of hectares of multi-use floodplain would have been converted for sugar cane production under the current plan and many residents of the Delta were to be removed. 

The case was brought by representatives of farmers, fishermen, pastoralists and conservation groups in the Tana River Delta and sought to halt large-scale commercial developments in the Tana River Delta until a master plan was developed. They were supported by the Kenya Wetlands Biodiversity Research Team with funding from the East African Wildlife Society and Nature Kenya. 

Read more about the ruling from the East African Wildlife Society’s press release here and the Business Daily here.

Report on CT REDD+ Dialogue

The outcomes of the Rights-based REDD+ dialogue held in Cape Town in November 2012 have been released in a new report. The dialogue was hosted by Natural Justice with the support of the Heinrich Boell Foundation for Southern Africa and the Open Society Iniative for Southern Africa. Issues of concern regarding Reducing Emissions from Deforestation and Forest Degradation (REDD+) activities on the African continent included the limited participation of forest-dependent communities, lack of appropriate REDD+ information, the diversity and complexity of safeguard standards which could increase communities reliance upon outsiders and experts, insufficient or lacking grievance and compliance mechanisms, limited gender awareness, that communities may not be aware of their rights, and that existing rights may not be enforced. 

Participants felt that REDD+ could offer opportunities to Indigenous peoples and local communities including enhanced participation and representation, the chance to call for greater rights especially regarding land tenure, and to seek independent monitoring of REDD+. A post-dialogue analysis of the potential of biocultural community protocols (BCPs) to address rights-based concerns within REDD+ raised during the dialogue suggests that BCPs may have the potential to address some of the key REDD+ challenges faced by forest-dependent communities. While BCPs are no panacea, they could enhance the capacity of communities to articulate their values, customs, and rights if they decide to engage with the REDD+ mechanism. 

The report can be downloaded here.

PULP Book on Balancing Economic and Environmental Interests in Africa

As economic growth rates are increasing across Africa, questions and challenges around balancing ‘development’ with environmental protection are gaining significance. To consider how different nations across Africa are addressing these challenges, the Pretoria University Law Press has released a book through the World Bank-funded Rule of Law in Africa Project entitled "The Balancing of Interests in Environmental Law in Africa" edited by Michael Faure and Willemien du Plessis. The book  combines the contributions of academics from 17 African nations on the way in which environmental and economic interests are balanced in their respective nations. Each country analysis in the book is presented according to a common framework to improve the comparability of the various nations’ approaches. The book also contains a critical comparative analysis by the editors. 

Find the abstract and information on ordering a hard copy of the book here. Download the book directly here.

Maliasili Publication on Community Land Rights in Tanzania

Maliasili Initiatives has released a new publication entitled “Securing Community Land Rights: Experiences and insights from working to secure hunter gatherer and pastoralist land rights in northern Tanzania.” The report, published in partnership with two Maliasili partners in Tanzania, the Pastoral Women’s Council and Ujamaa Community Resource Team, seeks to answer vital questions around how marginalised communities can secure rights over land, resolve land conflicts fairly, and transform natural resource management.  

From the release, "the publication, which looks at local examples of these global challenges, combines a synopsis of the political economy of land rights in Tanzania, on-the-ground case studies by two of Maliasili Initiatives’ partners in Tanzania – the Pastoral Women’s Council (PWC) and Ujamaa Community Resource Team (UCRT) – and insights from a one-day learning workshop. As part of its work to strengthen its partners’ capacity and to advance innovative and effective approaches to sustainable development in Africa, Maliasili Initiatives facilitated the learning event with PWC and UCRT to share and reflect upon their respective efforts to secure land rights, learn from each other in Tanzania and build on their achievements moving forward." 

Maliasili’s summary of the publication can be accessed here. The report can be downloaded directly here.

Kukula Healers Review 2012 & Plan for 2013

On 6-7 December 2012, Gino Cocchiaro (Natural Justice) attended a meeting of the Kukula Traditional Health Practitioners Association in Thulamahashe, South Africa. The Kukula Traditional Health Practitioners, a group of over 300 traditional health practitioners who developed a biocultural community protocol (BCP) in 2009, were meeting to discuss and evaluate their activities completed in 2012 as well as highlighting their aims for 2013. 

Accomplishments from 2012 included: registering as a NPO in South Africa; drafting a code of ethics for all members of the Kukula Association; creating a traditional knowledge common pool where individual knowledge is shared amongst members and with a local cosmetics company interested in the research and development of the knowledge; and collaborating with  Kruger National Park in its anti-rhino poaching efforts. In 2013, Kukula members plan to update their BCP to reflect legal developments and new priorities, to continue to develop their relationship with the cosmetics company towards and access and benefit sharing agreement, to continue to work for formal recognition as traditional health practitioners, to distribute copies of the code of ethics to all members, and to continue to support anti-poaching efforts.  The Kukula Association are also members of the African BCP Initiative and will continue to to seek the protection and growth of their knowledge, culture and the conservation of biodiversity in their area. 

Download the Kukula BCP here.