Natural Justice Participates in Workshop hosted by International Council on Mining and Metals

Sankar Pani of Natural Justice has participated in a workshop organized by International Council on Mining and Metals (ICMM) on human rights issues on 27 May 2013 and on indigenous peoples issues on 29 May 2013, held at the University of Western Australia, Perth. 

The multi-stakeholder workshop was attended by industry practitioners from ICMM member companies, civil society organizations, academia and experts from international organizations and research institutions from the entire Asia-Pacific region. The event was co-facilitated by the Institute of Business and Human Rights. 

The multi-stakeholder day on Human Rights and Indigenous Peoples has discussed the following aspects: 

• ICMM’s guidance in the area of Human Rights and Indigenous people
• Sharing of perspectives and to explore challenges and opportunities around implementing the UN Protect, Respect and Remedy Framework and Guiding Principles (including the due diligence and grievance mechanisms elements) 
• Sharing of perspectives and to explore challenges and opportunities around implementing effective engagement and decision-making processes with Indigenous Peoples (including Free, Prior and Informed Consent) 
• Facilitate peer-learning and exchange which contributes to the creation of regional networks around the key issues discussed 

The following points emerged from the discussion:

World Bank Steps Up Discussions with Indigenous Groups at this Year's UN Permanent Forum on Indigenous Issues

Photo Credit: UNPFII

During this year’s Permanent Forum on Indigenous Issues the World Bank engaged with Indigenous Peoples in a number of formal and informal sessions. Formally these engagements took place during plenary sessions of the Permanent Forum and informally during side events and organized dialogues. The size of the World Bank's team attending the Forum, which came up to 30 people in comparison to just a handful during last year's event, demonstrates the increased relevance the institution places on recognizing indigenous peoples as an important constituent in its work. 

The World Bank’s most important item of engagement was the review process with respect to its social and environmental safeguards that the World Bank is currently undertaking, which include a policy on indigenous peoples (Operational Policy 4.10). As the current policy was drafted in 2005, many of the numerous comments made by Indigenous Peoples during the discussions related to a demand to bring the policy in line with the UN Declaration on the Rights of Indigenous Peoples (UNDRIP 2007), including the right to free, prior and informed consent (FPIC). Furthermore, representatives called on the World Bank to not only examine the impact of UNDRIP on OP 4.10 but on all of the Bank’s policies.  It was highlighted that the importance of updating OP 4.10 cannot be overestimated, as in 2012 alone the safeguards were triggered by 20% of all World Bank projects, not including projects where they potentially should have been triggered but were not.

World Indigenous Network Conference 2013

The World Indigenous Network Conference, held in Darwin, Australia, brought together over one thousand indigenous people and local community land and sea managers from the 26th to the 29th of May. The meeting provided an opportunity for indigenous peoples and local communities to share their experiences on community based natural resource management techniques through the hundreds of presentations that took place over the 4-day meeting. The presentations highlighted the growing emergence of community led conservation, which has concurrently demonstrated stronger community identity, culture and livelihoods. Keynote speakers at the event included Professor James Anaya, UN Special Rapporteur on the Rights of Indigenous Peoples, Professor Anil Gupta, founder of the Honey Bee Network and Dr. Taghi Farvar, President, Indigenous Peoples and Community Conserved Territories and Areas (ICCA) Consortium. 

African Caucus Meets with UN Special Rapporteur

Prof James Anaya
Photo Credit: UN

During the twelfth session of the United Nations Permanent Forum on Indigenous Issues (UNPFII) held in New York, representatives of indigenous peoples and organisations may request a meeting with the UN Special Rapporteur, Prof James Anaya, concerning matters falling within his mandate.

On Monday, 20 May 2013, on acceptance of their request for a meeting, the Southern African delegation of the African Caucus, accompanied by the Open Society Initiative of Southern Africa (OSISA), represented by Mr Delme Cupido, and the Indigenous Peoples of Africa Coordinating Committee (IPACC), represented by Mr Joram Usep, met with Prof Anaya.  The meeting took place in the United Nations building before the opening of the Twelfth Session of the UNPFII.

Among the delegation was the Chairperson of the National Khoisan Council (NKC), Mr Cecil Le Fleur, who raised the concerns of the Khoi-San peoples in South Africa, in particular, the lack of implementation of the recommendations made to the South African government in 2005 by Prof Anaya’s predecessor, Prof Rodolfo Stavenhagen.   At the conclusion of the meeting, Prof Anaya asked that the NKC put together a report on these concerns which he will consider and take up with the South African government. 

United Nations Permanent Forum on Indigenous Issues Enters Second Week

The twelfth session of the United Nations Permanent Forum on Indigenous Issues (UNPFII) is currently taking place at United Nations headquarters in New York City from May 20 to May 31. The UNPFII is an advisory body to the UN Economic and Social Council, which is the UN platform on economic and social issues. The UNPFII brings together Indigenous peoples, governments, UN agencies, NGOs, and other stakeholders in unique fashion to collaborate on issues faced by Indigenous peoples. Natural Justice is attending the UNPFII and undertaking a number of activities, including supporting the Indigenous Peoples of Africa Coordinating Committee (IPACC) and the National Khoi-San Council, as well as launching the second edition of the Living Convention. This year, Mr. Kanyinke Sena, a former IPACC Executive Committee member, has been nominated as the Chair of the UNPFII. 

This session of the UNPFII is billed as a Review Year, and is addressing a number of different issues, including health, education, culture, human rights, and the World Bank. On Thursday, May 23, the UNPFII held a half day on the African region, where, among other things, a study on resilience, traditional knowledge and capacity- building for pastoralist communities in Africa was addressed. Natural Justice also helped in the preparation of statements on the Khoi-San communities as well as the World Bank that were read during plenary sessions of the UNPFII. During the second week, the UNPFII will address, among other issues, a Consolidated report on extractive industries and their impact on indigenous peoples, as well as the future work of the UNPFII.

Economics and the Common(s): From Seed Form to Core Paradigm

From the 22nd to the 24th of May, Gino Cocchiaro (Natural Justice) and Britta Rutert (Natural Justice Associate based in Germany) attended a meeting on the commons hosted by the Heinrich Boell Foundation in Berlin, Germany. The meeting sought to show the wide array of commons based methodologies, develop a coherent narrative of these methodologies and plan the next steps for action. To do so, the conference had 5 main streams: 1) Integrating theory and practice in the management of natural commons; 2) Doing away with labour: working and caring in a world of commons; 3) New infrastructures for commoning by design; 4) Commoneering Money, Markets and Value; and 5) Treating Knowledge, Culture and Science as Commons. 

The meeting was attended by commoners from a range of backgrounds and countries, who all shared their own experiences in protecting the commons. Natural Justice has been involved in this particular commons discussion since 2010, given the importance of commons systems to indigenous peoples and local communities. We would like to thank Heinrich Boell Foundation for supporting our participation to attend the meeting. 

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;

Natural Justice attends Fracking and Agrarian Transformation Dialogue

On 22 and 23 May 2013, Stephanie Booker of Natural Justice attended the Fracking and Agrarian Transformation Dialogue hosted by the Southern Cape Land Committee (SCLC) in Steytlerville, Eastern Cape.  Attended by 55 community members, farmworkers, local and national non-government organisations, environmental activists, academics and international guests, the dialogue was an opportunity to discuss potential fracking in the Karoo and unite together to form a common viewpoint on fracking.  The objectives of the two-day dialogue were three-fold:

• To strengthen the voice of local communities who bear the brunt of the impact of fracking on their health and their environment;
• To develop a coordinated fracking response with a transformative agenda;
• To link with other national and international initiatives aimed at mobilising and strengthening the voice of people whose lives are impacted upon by mining, oil and gas.

On the first day of the dialogue, presenters discussed the complex context within which the fracking debate takes place in South Africa, as well as particular insights on agriculture and food, the environment and workers' rights.  The second day was spent discussing participation in decision-making, Southern African solidarity, the impacts of fracking on communities around the world, including the U.S. and Europe.

A clear statement on fracking was agreed to by participants and this can be found here.

Natural Justice thanks Southern Cape Land Committee and the participants of the dialogue for an insightful meeting.

WIPO launches Draft TK Documentation Tool-Kit at UNPFII in New York

Photo credit: Q"apaj Conde

The World Intellectual Property Organization organised a side event during the Twelfth Session of the United Nations Permanent Forum on Indigenous Issues discussing the complex issue of documenting traditional knowledge (TK) and challenges and opportunities. During the side event WIPO presented its “Draft WIPO Traditional Knowledge Documentation Toolkit” which sets out practical information on safeguards and best practices for the protection of indigenous peoples´ intellectual property interests before, during and after TK documentation.

The program was moderated by Mr. Rama Rao Sankurathripat (Director, Cooperation Office WIPO) and featured the following panelists:

Mr. Q”apaj Conde, WIPO Indigenous Fellow, Aymara, Pluninational State of Bolivia.

Ms. Yolanda Teran, member Red de Mujeres Indígenas por la Biodiversidad, Kichua, Ecuador.

Ms. Lucy Mulenkei, Executive Director of the Indigenous Information Network (IIN), Masai. Kenya

Mr. Tuomas Aslak, Co-chair of the Global Indigenous Youth Caucus, Sami, Findland. 

NKC Calls on South African Government to Implement Recommendations from Former Special Rapporteur on Indigenous Issues

On Wednesday, 22 May 2013, on the topic of human rights, and during the Dialogue with the Special Rapporteur on Indigenous Issues, Prof James Anaya, Mr Cecil Le Fleur, delivered a statement on behalf of the National Khoisan Council in South Africa.  In the statement, Mr Le Fleur called upon the South African government to urgently implement the recommendations of the former Special Rapporteur on Indigenous Issues, Prof Rodolfo Stavenhagen set out in his report on his mission to South Africa.  He said that although South Africa is now a free country, it cannot be a true democracy if the Khoi-San peoples are not afforded the right to self-determination as envisaged by the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP).

In Mr Le Fleur acknowledged the progress made on the proposed Bill on Traditional Affairs by the South African government thus far, but expressed concern about the length of time it is taking the government to enact this legislation.  In addition, the proposed Bill does not adequately address the historical differences between the Khoi-San peoples and the other dominant tribes in South Africa, and the enactment of the Bill in its current form would lead to an unfair and inequitable outcome. 

In conclusion, the statement called for the following recommendations: