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NATURAL JUSTICE
Track the ongoing efforts of this legal NGO as we seek to assist communities to engage with legal frameworks to secure environmental and social justice.
Wednesday, September 6, 2017
Friday, July 14, 2017
International intern Andrew Williamson reflects on five months with Natural Justice
International intern Andrew Williamson |
An internship with Natural
Justice (NJ) offers an opportunity to experience first-hand the work and
dedication of an NGO within small team having a meaningful and significant
impact. I was with Natural Justice from February 17 to July 17 in which I was
welcomed into the team as an equal and was provided with an opportunity to
really immerse myself into the daily work of the organisation and understand
the importance and necessity of the work NJ does.
My time with NJ was shared with Dr.
Catherine Traynor and Ms. Lesle Jansen which resulted in a variety of work
related to climate change and access and benefit sharing. My work with Dr.
Catherine Traynor centred on indigenous rights, community resources and
bio-cultural protocols all of which served as a new insight into ongoing and
detrimental effects of climate change in Southern Africa. The other half of the
work I did at NJ focused on work related to indigenous communities on a
national level alongside focusing on the ongoing activities related to Rooibos
tea and a little bit of everything in between.
The variety and unexpected
quantity and quality of work is something which I very much enjoyed while
working with NJ. On any given day, you may be involved in workshops,
interviews, meetings, conferences and field work with communities which really
demonstrates the value of the work that everybody with NJ does. These daily
activities bring together knowledge of the law, political aspects and science.
Early morning view over the Richtersveld (Photo credit: Andrew Williamson) |
I was fortunate enough to
participate in two field work trips, the first being to Kuboes in the
Richtersveld area with the Nama people and the second to the Bushbukridge area
in Mpumulanga where we met the Kukula traditional practitioners. Both of these
areas are certainly not on the ‘tourist trail’ so to speak, but nevertheless
provided experiences and personal interactions with community members which will
certainly not be forgotten. The Kuboes trip focused on engaging with the
community and a follow up to previous activities. With the Kukula, NJ reviewed
the ongoing projects with the community and established future areas of work
and objectives.
Overall an internship with NJ
will provide a unique experience where you will be able to actively participate
in every aspect of an NGO with a supportive and interesting team around you. Not
only will you learn a significant amount of information related to South Africa
both past and present but also the livelihoods and cultures of the communities
NJ works with. And it goes without saying you have the opportunity to spend
some quality time in the city of Cape Town which is superb!
Thursday, July 13, 2017
ICCA Global Support Initiative – Legal Support
Natural
Justice is proud to announce that it will be coordinating the ICCA Global
Support Initiative’s work on legal and policy change. The work is a follow up
to the 2012 Legal Reviews
also coordinated by Natural Justice. The overall object is to ensure greater
recognition of and support for territories and areas conserved by Indigenous
peoples and communities (ICCAs) through appropriate legal/policy reforms at
national, regional and global levels in order to enhance local livelihoods and conservation
effectiveness. Activities will include: the development of up to 20 national
legal reviews, an international review and a synthesis report; submission of
insights from the national level reviews to regional and international legal
and policy processes; production of a number of policy briefs on important and
emerging issues, such as ‘other effective area-based conservation
measures;’
and the facilitation of policy platforms and in-country processes. Natural
Justice looks forward to working with the Secretariat of the ICCA Consortium
and its members, the GEF-Small Grant Program, IUCN and other partners in this
important endeavor. More information and updates will be posted to this blog
and on the consortium’s website: www.iccaconsortium.org
Wednesday, July 12, 2017
Natural Justice Welcomes Kaman Kolemou
We would like to warmly
welcome Kaman KOULEMOU, our new Researcher in Guinea for the research project
on strategies to mitigate impacts of extractives and infrastructure projects.
Kaman is a graduate in
International Relations at the GAMAL ABDEL NASSER University in Conakry.
Inspired by his final project on the prevention and management of community
conflicts in the region of Guinée Forestière, he set himself the goal of
working for peace and social cohesion. To this end, he has received
professional training at the Center for Research and Action for Peace (CERAP)
in Cote d'Ivoire and at the West African Institute for Peacebuilding Training
(WAPI) in Ghana.
Kaman worked with World
Education as Project Manager: Community Participation for Peace (P.C. Paix)
from 2006 to 2010. He was admitted to the position of ACORD International's
Operations Manager in Guinea in 2010, where he was in charge of the project
Governance and Transparency in the Mining Sector in Guinea. This project
initiated the creation of consultation frameworks and the signing of
partnership agreements between actors of the mining sector for peaceful
coexistence. This initiative aims to contribute to the promotion of a
transparent mining sector in Guinea, which guarantees sustainable economic and
social benefits for the state and its citizens, and that respects the rights of
local communities. Kaman led a study on practices of expropriation,
compensation, relocation / resettlement of communities affected by mining
projects in Guinea.
In 2014, Kaman was recruited as a Consultant-Trainer on behalf of the
Danish Council for Refugees as part of the establishment and training of peace
committees in Guinée Forestière. In June 2017, he participated in the baseline
study on the causes of crises and tensions in the border area between Guinée
Forestière, West Ivory Coast and Northern Liberia around Mount Nimba.
Kaman lives in Nzérékoré in the Forest Region of Guinea, and is married with
two children. He has
just started his work with us and is replacing Bernard Ngalim, who could not
move to Guinea due to family circumstances.
Tuesday, July 11, 2017
Namibia Passes their National Bill on ABS and Traditional Knowledge
Namibia recently passed their national law on
bioprospecting called Access to
Biological and Genetic Resources and Associated Traditional Knowledge Bill. This is an historic moment as Namibia’s
enactment of their law implements the Convention on Biological Diversity’s
Nagoya Protocol.
Their legislation applies to biological and
genetic resources as found in or outside of their natural habitat, the
derivatives of such resources, associated traditional knowledge, and benefits
arising from their use, including commercial use. The law also sets out both to
recognize and protect the rights of local communities over their genetic
resources and associated traditional knowledge.
The legislation recognizes and protects
community intellectual property rights over genetic resources and associated
traditional knowledge. It states that the “State must recognize and
protect the community intellectual property rights as they are enshrined and
protected under the norms, practices and customary law found in, and recognized
by, the concerned local communities, whether such law is written or not.”
Namibia is therefore leading in the Africa
region in explicitly protecting communities’ rights to recognition of their
associated traditional knowledge. This is often the area where the Africa
region is still vulnerable.
The
text of the bill can be accessed here:
Monday, July 10, 2017
African Commission Passes Resolution to Protect Sacred Natural Sites
At its 60 Ordinary
Session in Niamey (Niger), the African Commission on Human and Peoples Rights
passed Resolution 372 on the
Protection of Sacred Natural Sites and Territories.
In this resolution,
the African Commission recognises that sacred natural sites are one of the
oldest forms of cultural conservation, and often harbour rich biodiversity. It
highlights the role that custodian communities and their customary systems play
in preserving traditional values, and that they require legal recognition and
support to do so. At the same time, it expresses concern about the continued
rapid growth of environmentally damaging industrial activity and infrastructure
development causing irreparable damage in these sacred sites.
The Resolution
therefore calls on state parties to recognise sacred natural sites and
territories and their customary governance systems, as well as to uphold their
commitments under regional and international law and the rights of custodian
communities. It urges state parties and other stakeholders, including
businesses, to recognise and respect the intrinsic value of sacred natural
sites and territories.
In developing this resolution, the African
Commission drew on a “Call for Legal
Recognition of Sacred Natural Sites and Territories, and their Customary
Governance Systems”,
which carried the voices of custodian communities from six African countries. Natural
Justice was able to facilitate the presentation of this report by the Gaia
Foundation to the African Commission’s Working Group on Indigenous
Populations/Communities. In a joint press release with the African Biodiversity Network, Liz
Hoskins, the Director of the Gaia Foundation, states that “in this landmark resolution, the African Commission opens a space for
affirming plurilegal systems, which recognise the Earth as the primary source
of law. The Commission positions itself with other progressive initiatives to
transform the dominant industrial jurisprudence and recognize indigenous rights
and Nature’s rights.”
Picture: Benin
is one of the few African countries that legally recognize
Sacred Natural Sites.
Natural Justice works with local partners to support the custodians of these
forests, for example through the development of community protocols.
Friday, July 7, 2017
Kukula Traditional Health Practitioners Association BCP Finalization Workshop, South Africa
Kukula Workshop Participants |
On the 28th and 29th
June, Natural Justice and K2C facilitated a meeting with the Kukula Traditional Health
Practitioners Association at the Timbavati Bush School, Bushbuckridge, South Africa. The overall aims of the meeting were to review the
developments of the previous year, to finalize the text of the revised Bio-Cultural
Protocol (BCP) and discuss strategies
related to leveraging the BCP.
The Kukula traditional health practitioners established
the BCP with the intention of regulating their interactions with third parties
and protecting their knowledge to enable fair and equitable benefits to their members.
The first day of the meeting focused on a
review of the previous year and internal community discussions with Kukula representatives. On the second day of the meeting wider stakeholders
were invited to participate in the meeting. Representatives from researchers
(Benelex and Dr. Britta Rutert), South African National Parks (SANParks), governmental
representatives and legal experts provided an overview of issues that had been
identified by the Kukula.
Dr. Louisa Parks (The Benelex Project) |
Dr. Louisa Parks (The Benelex Project) shared findings
from the first 3 years of the Benelex research project of particular relevance to communities, she highlighted that benefits are
more than just limiting damage from a proposed project, they are not compensation,
and that they should reflect what a community sees as a benefit – not what
others tell them is a good thing. Dr. Britta Rutert (Free University, Berlin)
shared the preliminary findings of the ‘Indigenous Entrepreneurs’ research project conducted with the Kukula,
she highlighted that entrepreneurship in rural, economically deprived areas
with limited infrastructure must be looked as at a “procedural enterprise
rather than an economic enterprise”, and organisation, cooperation and
negotiation skills were learned and utilized by organisations such as the
Kukula in making use of their indigenous knowledge.
Dr. Louise Swemmer (SANParks) |
The Kukula have been engaging with South African National Parks (SANParks) on issues related to sustainably harvesting medicinal plants. Discussions
focused on opportunities regards integrating Kukula representatives into the
roll out of distribution of the medicinal Pepper Bark tree (Warburgia salutaris), which is classified as an endangered on the IUCN Red list. SANParks has been growing hundreds of these tress from seed in their nursery, these trees are in high demand by healers, and
SANPaks is spearheading planting of saplings in communal areas, and sustainable harvesting using leaves rather than the bark.
During a legal session, Johan Lorenzen
(Richard Spoor Attorneys) provided an update on various laws and policies
related to the Kukula, including regulations related to the Traditional Health
Practitioners Act as well as the Indigenous Knowledge Systems Bill. This was
followed by a presentation by Mr Wiseman Rikhotso (Director, Biodiversity
Compliance, Department Environmental Affairs) related to the Threatened or
Protected Species (TOPS) Regulations and the compliance awareness drive related
to “muthi” (traditional medicine) markets.
The Kukula also discussed the finalization of
the update of their bio-cultural protocol (BCP) and how to leverage it moving
forwards
.Looking forward the revised BCP text will be finalized, the Kukula together with
the Department of Environmental Affairs will host a workshop regards
legislation around Threatened and Protected Species (TOPS), and the Kukula will engage with SANParks on supporting the Pepper Bark project in their villages.
Kukula participants |
Thursday, July 6, 2017
A New Dawn: The African Court on Human and People’s Rights Historic Judgment on the Indigenous Peoples Rights
Logo Courtesy of African Court on Human and Peoples' Rights |
“The forest is what we
call land”
James Sang, Ogiek community member
On 26th May
2017, the African Court on Human and Peoples Rights delivered a historic
judgment in favour of the Ogiek, a forest dwelling community.[1] This came after a eight
year long legal battle and decades of routinely being subjected to forced
eviction, without consultation and compensation, from their ancestral lands by
the Government of Kenya (GoK). At the heart of forced eviction was the alleged
need to preserve Kenya’s largest closed-canopy forest ecosystem and a water
catchment area,[2] spanning about 4000
hectares in five counties,[3] and which has been under
threat from illegal settlement and illegal extraction of natural resources.[4]
Following the GoK’s
decision in 2009 to evict people living in the Mau forest complex in order to
protect the water catchment zone, the
Minority Rights Group (MRG), Ogiek Peoples Development Programme (OPDP) and
Centre for Minority Rights Development (CEMIRIDE), also the original
complainants, on behalf of 30,000 Ogiek members, filled a suit against the
Government of Kenya (GoK) at the African Commission of Human and Peoples Rights
(“the Commission”) citing the far reaching implications the order had on the
political, social and economic well-being of the Ogiek community. Along with
it, they requested the commission to issue measures requiring the GoK to halt
any land transactions in the Mau Forest Complex and to refrain from any act
that would irreparably prejudice the application pending determination. Subsequent repeated violation of these
measures by the GoK led the Commission to transfer the case to the African
Court on Human and People’s Rights in 2012 (the current application). The
applicant further alleged violation of Article 1,2,4,8, 14, 17(2)(3), 22 and 23
of the Charter and prayed that the court order respondent to halt the eviction,
recognize Ogieks historical land, and issue orders as to compensation for the
loss suffered through the loss of property, natural resources and freedom to
practice religion and culture.
Before addressing the
substantive issues of the application, the court at the 28th
Ordinary session issued an order of provisional measure on the ground that the
respondent, through the Ministry of Land, issued a directive lifting the
restriction imposed on all transactions for land measuring five acres or less
within the Mau forest complex.[5]
Substantively, the court
heard and dismissed objections raised by the GoK on its material and temporal
jurisdiction to hear the application as well as the objection on admissibility
of the application in as far as the Locus
Standi of the of the original complainants, exhaustion of local legal
remedies and the nature of the case is concerned. Further, the court addressed
the alleged violations of rights provided for in the Charter. Most importantly,
the violation of the right to life (Article 4), right to culture and the
protection of traditional values (Article 17(2)(3), the right to practice
religion (Article 8), the right to property (Article 14) and the right to
development (Article 22). It also considered the question of remedy, which in
whole included an order to halt the eviction of the Ogiek from East Mau
complex, recognizing Ogiek’s historic land and order of payment of
compensation.
In the end, the court determined
that the Ogiek, having a clear historic attachment to the Mau Forest, are a
distinct indigenous people. It also found that the Ogiek had property rights
over the land they traditionally occupied and used, even though the colonial
and Kenyan authorities had denied them a formal title. The court determined
that the practice of religion was inextricably linked to land and any
interference with access to land was an interference with this right. In this
case, it noted that the Mau Forest is a spiritual home of the Ogiek and that
the limitation imposed were unjustifiable. The court further considered the
right to culture in a dual dimension: individual nature and the collective
nature. It noted that this right was essential to the Ogiek’s identify and that
the eviction for the preservation of the natural environment could not
constitute a legitimate aim but was rather a measure that violated this right
leaving the Ogiek community vulnerable and forcing them to assimilate.
Finally, the court found that the GoK had not taken adequate legislative
measures to implement the rights violated in the Charter. To this effect, the
court ordered the GoK to take appropriate measures within a reasonable period
to remedy all violations established. Finally, the court reserved its’ ruling
on reparation and instead directed the issue to be dealt with in a different
application by the applicant.
This judgment is a huge
victory not only for the Ogiek community but also other Indigenous communities
in general. Most importantly, by ruling that through a
persistent denial of Ogiek land rights, their religious and associated cultural
and hunter-gatherer practices were also violated, a strong message was sent to
the GoK and other governments on the the need to respect the rights of the
indigenous peoples and further, put measures for the realization of these
rights. In this case, the court was generous enough to lay down the duty of the
GoK to put measures for the implementation of the judgment. However, the implementation of the orders/ judgment cannot be
analyzed without addressing the government’s attitude during this case and in
other similar presided cases. In any
event, the GoK has, time and again demonstrated a pattern of empty promises
towards implementation of measures and orders made against them.
The Ogiek ought not to lose
hope. They must push for the implementation of the court’s decision by lobbying
the national government, maintaining a presence in Parliament and using other
spaces to remind the GoK of its duty.
[1] ACPHR
v GoK
[2] The
Mau water catchment feeds into Lakes Victoria, Nakuru, Baringo, Turkana and
Natron, and supports the ecosystems and livelihoods of millions of people.
[3] J
Sang “Kenya: Ogiek in the Mau Forest” (2001) Forest Peoples Programme
[4] Mau
Task Force 17-18. The forest
is divided into seven blocs comprising South-West Mau (Tinet), East Mau,
Ol’donyo Purro, Transmara, Maasai Mau, Western Mau and Southern Mau.
[5]
Summary of fact 2 paragraph 5
Author: Rose Birgen
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