Community Forestry and REDD+ in Latin America

A recent publication “Lessons Learned from Community Forestry in Latin America and their Relevance for REDD+” by the Forest Carbon, Markets and Communities assessed decades of community forestry in the region and the significance for REDD+. Community forestry recognises the rights of communities to establish and enforce rules governing forest use and access and has been particularly successful in the Latin American region.

Some key findings from community forestry for REDD+ included:

Empowerment of Communities: The recognition of the rights and responsibilities of communities to establish and enforce rules regarding forest access and use, which is supported by tenure rights and clear legal frameworks for communities. Suitable approaches to empower communities include free, prior and informed consent (FPIC) and tools such as community protocols which can put communities in the driving seat and create conditions for “doing”.

Governance and Stakeholder Engagement: Self-generated community institutions are generally more effective and should be encouraged. Supportive sectorial polies in areas such as agriculture and macroeconomics are important as are reforms that empower communities. Identifying and applying legal instruments that empower, promoting rights-based approaches and recourse mechanisms are also crucial.

Book on the Right to Consultation for Indigenous Peoples in Latin America

The Konrad Adenauer Foundation has recently published a book in Spanish called “The right to consultation for Indigenous Peoples in Latin America” as part of their Regional Program on the Indigenous Political Participation. The book consists of a compilation on the current stage of the right to consultation for Indigenous Peoples in several countries of Latina America, such as Bolivia, Brazil, Colombia, Guatemala, Mexico, Panama and Peru.

The book can be found in Spanish here, with Brazil’s chapter written in Portuguese.

El Derecho de la Consulta Previa de los Pueblos Indígenas en América Latina

El Programa Regional de Participación Política Indígena (PPI) en América Latina de la Fundación Konrad Adenauer acaba de publicar el libro denominado “El derecho de la consulta previa de los Pueblos Indígenas en América Latina”. Es una recopilación del estado de consulta previa a Pueblos Indígenas en diversos países de América Latina como Bolivia, Brasil, Colombia, Guatemala, México, Panamá y Perú. Los diferentes autores del libro elaboran ensayos sobre los avances jurídicos en cuanto al reconocimiento de este derecho en los respectivos países, tanto a nivel nacional como internacional.

El libro está disponible en español aquí.

Document Reveals Gas Company Plans for Manú National Park

Via guardian.co.uk

A new document reveals Pluspetrol interests in the gas reserves of Manú National Park in the Peruvian Amazon. Unesco considers the  park's biodiversity to exceed that of any other place on Earth. The national park is also home to Indigenous peoples with no regular contact with outsiders. The document is entitled “Research Plan for Geological Exploration and Surface Geochemistry in the Manú National Park and its Buffer Zone” and was produced by the consultancy Quartz Services on request by Pluspetrol. 

The document acknowledges that Peruvian law prohibits extractive operations in national parks. However, the document suggests that Quartz could “contribute not only to the continuation of activities in Lot 88 (a gas concession already existent), but also to the development of the Manú National Park protected area.”

Read more about the document in The Guardian here. 

Landmark Ruling Against Indigenous Title in Guyana

Via www.forestpeoples.org

The High Court of Guyana has controversially ruled in support of a mining concession on titled Indigenous lands, setting a dangerous precedent for the already marginalised Indigenous communities of Guyana. The case was brought by residents of Isseneru village who received title over the land in 2007 in terms of the Amerindian Act of 2006. The court held that as the mining permits were received before the Act came into operation they were not bound by its provisions. 

In a press statement, the Isseneru Village Council stated that they are “deeply disappointed and worried with this ruling and what it means to our village and to Amerindian communities in general. On the ground it has serious environmental and social impacts for us. The miners have, for example, brought with them problems related to drugs and prostitution. At the higher level, we feel that when the High Court tells us that we have no rights to decide and control what takes place on our land, then the land is not ours.…Just Friday, when inquiring at the office of the GGMC [Guyana Geology and Mines Commission], we learnt that our whole land is covered with mining concessions. Yet, the government has not informed us about this.” 

Find out more through the Forest Peoples’ Programme press statement in English here and in Spanish here. The Isseneru Village Council press statement can be accessed here. 

Miskitu BCP Launched in Honduras

Moskitia Asla Takanka (MASTA), a Miskitu community-based organisation, has developed and launched a Biocultural Community Protocol (BCP) with technical assistance from Natural Justice and the International Union for Conservation of Nature’s (IUCN) Regional Office for Mesoamerica. The BCP seeks to assert the right to and guide the process of obtaining free, prior and informed consent (FPIC) for projects in La Moskitia.

The Miskitu community, with a population of around 70 000, live in the tropical rainforest ecosystems of La Moskitia in eastern Honduras. They are facing a series of challenges in their traditional territory, ranging from the destruction of primary forests through agricultural expansion, illegal trade of flora, fauna and drugs, as well as the commercial exploitation of their sub-soil resources. 

To face these and other threats to their natural and cultural environment, MASTA has focused their protocol on defining a mechanism for free, prior and informed consent (FPIC), a vital procedural right that has often been ignored by government and non-governmental development projects. The process of developing the BCP was guided by MASTA, together with representatives from 12 territorial councils and their respective community councils. With this protocol, MASTA is seeking to guarantee that future consultation and consent-seeking processes respect the Miskitu’s own institutions and decision-making procedures. 

Groundbreaking Resolution by Ecuador's National Court of Justice

Via iucn.org/

A resolution has been signed by all 21 judges of the National Court of Justice, a court with jurisdiction throughout all of Ecuador, declaring that judges in the province of Galapagos have the standing to hear cases on environmental crimes. Judges in the area had previously refused to hear around 100 cases, arguing lack of expertise. The cases then had to be heard in the Provincial Court of Justice, some 1 000 kilometres away, severely limiting access to justice. 

The Provincial Prosecutor of Galapagos sought a consultation with the National Court of Justice as several cases, including unauthorised fisheries and the capture of marine protected species, were not being heard. The National Court of Justice has the authority to issue rulings when there is doubt on the meaning of Ecuadorian laws. The consultation was formally requested by the Attorney General of Ecuador, and the consultation process included engagements with civil society. Ultimately, the National Court of Justice held that the judges of the territorial section where the offense occurred are the competent authorities to hear such cases in accordance with the Criminal Procedure Code of Ecuador. 

Hugo Echeverria, a member of the IUCN Commission on Environmental Law and a member of the Conservation Sector of Galapagos, says the resolution is important because it "answers a legal question on judicial competence, which had various legal criteria, all equally respectable; and historic, because it is the first time the Plenary of the National Court addresses an issue of environmental judicial procedure, showing the leading role that the judiciary has on the new legal field of environmental law."

Read more about the resolution in English here and in Spanish here.

Short Film on Artisanal Fishing in Latin America

Artisanal fisherfolk in Latin America face immense challenges from overfishing and climate change.  To highlight these challenges and allow young artisanal fisherfolk to share their own perspectives, Por La Mar Consorcio has developed a short film based on interviews with youth who draw their livelihoods from fishing. The film is in Spanish with English subtitles. 

Youth interviewed in the film emphasise the importance of artisanal fishing for supporting livelihoods, providing food security, nourishing cultures and creating jobs. They also consider the challenges they have faced from climate change. Finally, they consider how they can work to develop a better future for their communities. 

Read more about Por La Mar Consorcio in English here and Spanish here. Find more films by Por La Mar Consorcio here. 

Yanomami Community Members Killed in Clash with Miners

While details are still emerging, it appears that as many as 80 Yanomami community members in the Amazon in Venezuela have been massacred by illegal gold miners. According to a submission to prosecutors this week in Puerto Ayacucho, the massacre occurred in early July. The national prosecutor’s office has appointed two officials to lead investigations, and the Venezuelan military has conducted interviews with witnesses. 

Survival International's Director, Stephen Corry, demanded that Amazonian governments "stop the rampant illegal mining, logging and settlement in indigenous territories." 

Read more from the New York Times here and from the BBC here.

Belo Monte Construction Allowed to Resume

Rendering of the proposed Belo Monte dam via
http://indiancountrytodaymedianetwork.com

The $13 billion Belo Monte mega dam is under construction again in the heart of the Amazon as the Brazilian Supreme Court has provisionally overturned a Regional Federal Tribunal’s ruling that construction should be stopped. According to the Supreme Court's website, the ruling of Judge President Britto may be reviewed once the court conducts a “more detailed analysis of the merit of the case.” 

The government supported the decision, stating it prevents “major and irreparable damage to the economy, to public property and to the country’s energy policy.” Amazon Watch’s Executive Director, Atossa Soltani, stated "this unfortunate decision doesn’t invalidate the Tribunal’s judgment that the project is unconstitutional.” The Federal Public Prosecutor’s Office is expected to appeal the decision and demand a review by a full bench of the Supreme Court. 

Read this earlier blog post for more context. Learn more about Amazon Watch's opposition to the dam's construction here. Read more from Indian Country Today, the BBC, the Washington Post, and Reuters.

Third Regional Preparatory Meeting for IPLCs for CBD COP 11 in Asunción, Paraguay

Photo credit: http://www.cbd.int/abs/ 

From 13-16 August 2012, Johanna von Braun of Natural Justice attended the Secretariat of the Convention on Biological Diversity’s (CBD) third regional consultation for indigenous peoples and local communities (IPLCs) in Asunción, Paraguay. Previous consultations were organised by the Secretariat and attended by Natural Justice team members in Bujumbura, Burundi and Chiang Mai, Thailand. The workshop brought together approximately 55 regional representatives from Latin America and the Caribbean in order to prepare recommendations for the 11th CBD Conference of the Parties (COP), to take place in Hyderabad, India in October 2012. 

During the first three days of the workshop participants familiarized themselves with the CBD in general as well as the history and nature of the participation of IPLCs in the work around the Convention. Particular attention was placed on articles 10c and 8j of the Convention, the 2011-2020 Strategy for Biodiversity and the Aichi Biodiversity Targets as well as the Nagoya Protocol on Access and Benefit Sharing. 

Significant time was spent discussing the crucial role community protocols, featured in article 12 of the Nagoya Protocol, could play in implementing the Protocol at the local level while asserting and affirming IPLC’s rights over traditional knowledge and genetic resources. Several case studies of community protocols, presented by a representative of the Kuna Yala community and Dr von Braun, supplemented this session. 

The final day of the workshop included an internal meeting in which IPLC representatives finalised the forum’s recommendations for COP11. After the end of the workshop, some participants stayed for an additional two days to participate in a more in depth training for facilitators on issues around the CBD and the Nagoya Protocol.

Major Court Victory over Belo Monte Dam

Photo credit: Cristina Mittermeier/
International League of Conservation Photographers

In a major victory for indigenous peoples’ rights, Brazil’s Regional Federal Tribunal has held that construction must be suspended immediately on the massive Belo Monte dam until indigenous communities have been consulted. The Tribunal’s judgment cited UN International Labour Organisation’s Convention Number 169 and the Brazilian Constitution in the ruling. The dam, if constructed, will displace 16,000 people by government estimates but may displace thousands more. The decision will be appealed. 

Judge Souza Prudente, who authored the ruling, said "A study on the environmental impact of the project was required before, not after, work on the dam started. The legislation is flawed…The Brazilian Congress must take into account the decisions taken by the indigenous communities. Legislators can only give the go-ahead if the indigenous communities agree with the project." 

Read more about the ruling through the BBC here, National Geographic here, and the Guardian here. For more information in Portuguese, read here.

Natural Justice is Seeking Volunteer Interns in New York

Natural Justice: Lawyers for Communities and the Environment is an international team of lawyers and legal experts. We engage with environmental, human rights and cultural heritage law to support Indigenous peoples and local communities, and provide technical advice to governments and intergovernmental organisations to secure environmental and social justice. Natural Justice currently works in Africa, Asia and Latin America, and has offices in South Africa, Malaysia, and India. In order to facilitate its work in North, Central and South America and the Caribbean, Natural Justice is setting up a new office in New York City.

In the medium term, the New York office will have three core functions. First, it will aim to feed the experiences of Natural Justice's community work in Africa, Asia and Latin America into relevant UN and other North America-based intergovernmental and other processes. Second, it will function as the regional hub for our emerging work in the Americas. Third, it aims to become engaged in fundraising and outreach for the broader Natural Justice network.

Natural Justice is currently looking for volunteer interns to support the functions of the newly emerging New York office. Specific tasks will include: supporting Natural Justice in assisting Indigenous peoples and local communities, community-based organizations and NGOs in the Americas; supporting the development, adaptation and translation of legal empowerment materials; researching and following up with fundraising opportunities; participating in and providing technical input into New York-based processes such as the UN Permanent Forum on Indigenous Issues; and supporting the administrative and logistical aspects of setting up a Natural Justice office in New York.

IACHR Victory for Sarayaku Community

Sarayaku President José Gualinga via amnesty.org

Indigenous peoples claimed a major victory when the Inter-American Court on Human Rights ruled in favour of the Sarayaku community of Ecuador in Sarayaku v Ecuador. The ruling is the culmination of a decade long process by the community and their legal representatives, Mario Melo and the Centre for Justice and International Law. 

The case was launched when the Ecuadorian government decided to allow a foreign oil company to encroach upon the land of the Sarayaku community without permission from the community. The court found that the government had violated the community’s right to consultation, to their property and cultural identity, and to their safety as the company had placed over 1,400 kg of explosives in their territory. 

Sarayaku leader José Gualinga said, “the Sarayaku are extremely satisfied with this victory, reached thanks to the efforts of our people and the help and solidarity of organizations devoted to the rights of Indigenous Peoples”. Fernanda Doz Costa of Amnesty International said “this sentence will have a far-reaching effect on countries across the region – it makes it crystal clear that states bear a responsibility to carry out special consultation processes before engaging in development projects affecting Indigenous Peoples and their rights.” 

Read more about the case here.

UEBT Publication on Biocultural Dialogues

The Union for Ethical Biotrade (UEBT) has released a new publication documenting UEBT’s experience with biocultural dialogues in access and benefit sharing. The publication is based on experiences from three case studies in Madagascar, Brazil and Peru where local communities and member companies of UEBT were supported in engaging in biocultural dialogues by Natural Justice, UEBT and GIZ. 

The publication highlights the importance of community reflection in grounding biocultural dialogues. It then articulates how communities, local suppliers, international companies and other actors can be engaged in the dialogues. UEBT is considering how biocultural dialogues can be used by communities and companies engaging in ethical biotrade and is developing a training manual to guide further biocultural dialogues by members. 

The full publication can be downloaded here. A report on the review meeting of the biocultural dialogue partnership between UEBT, Natural Justice and GIZ can be found here.

Introduction to BCPs in la Mosquitia, Honduras

On the 21st of February, Johanna von Braun from Natural Justice participated in an introduction workshop on biocultural community protocols in Puerto Lempiras, capital of the Mosquitia region in Honduras. The workshop was facilitated the Central American regional office of IUCN, Mopawi, a Miskito NGO and Moskitia Asia Takanka (MASTA), the main representative body of the Miskito people. The Miskito are an indigenous community that stretches from the southern section of Honduras into the northern parts of Nicaragua inland and along the Moskito Coast by the Caribbean Sea. In Honduras the community comprise approximately 50000 people. 

The territory of the Miskito in Honduras includes the biggest section of pristine wilderness in Central America, made of mangrove swamps, lagoons, rivers, savannas and tropical rain forests as well as mountainous cloud forests. It also includes three protected areas and a UNESCO Biosphere. The community has long been fighting for their rights regarding land title, control over forest and marine resources as well as procedural rights such as their right to Free and Prior Informed Consent. They face a plethora of threats ranging from conflicts including with the protected areas, agricultural expansion, dams and fishing practices all of which they feel undermine their rights established under international law. 

Third Biotrade Pilot in Vohimana, Madagascar

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.

Second Pilot Study on Enhancing Community Dialogue with UEBT

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

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.

First BCP Piloted in BioTrade Context

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 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.