IUCN World Conservation Congress

The 6^th IUCN World Conservation Congress was held from 1-10 September in Hawai’i (USA). Harry Jonas launched the first draft of the Conservation Standards at an event co-hosted with Gina Cosentina, which was attended by the UN Special Rapporteur on the rights of indigenous peoples and the UN Special Rapporteur on human rights and the environment, among others. As a Co-Chair of the IUCN Task Force on Other Effective Area-based Conservation Measures (OECMs), he also presented on early guidance on OECMs at an event hosted at the Protected Planet Pavilion. A number of important resolutions were adopted at the Congress’s Assembly, including on: a) recognition and respect of indigenous peoples’ and community conserved territories and areas (ICCAs) overlapped by protected areas, and b) Enabling the Whakatane Mechanism to contribute to conservation though securing communities’ rights. 

Seventh Session of EMRIP Wraps Up in Geneva

Joseph Itongwa, presenting at the NJ-ICCA

Consortium side event on access to justice

The 7th Session of the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP-7) took place from 7-11 July 2014 at the UN Headquarters (Palais des Nations) in Geneva. This session included a continuation of last year’s thematic study on access to justice, with a focus on Indigenous women, children, and persons with disabilities, as well as a new thematic study on disaster risk reduction. Natural Justice also co-hosted a lunch-time event with the ICCA Consortium on Monday 7 July. Overall, two key points of particular importance were: a) the multiple references to environmental issues (a notable shift over the past few sessions of EMRIP), and b) a more nuanced look at the special rights and types of marginalisation of groups within Indigenous peoples (women, youth and children, and persons with disabilities).

The Session saw a turnover in the Experts, with a new expert for the Asian region (Mr. Edtami Mansayagan from the Philippines) beginning his three-year term. The zero draft of the outcome document for the World Conference on Indigenous Peoples created much discussion, while the continuation of the study on access to justice raised a number of issues concerning Indigenous peoples' lands, territories and resources as well as reconciliatory and transformative justice.

When the draft study on disaster risk reduction was being considered, Natural Justice and the Indigenous Peoples of Africa Coordinating Committee (IPACC) made a joint statement, presented by Joseph Itongwa, on on climate change and vulnerability, traditional knowledge systems, customary tenure rights and legal recognition and support for customary natural resource governance, and the role of territory-based systems of natural resource governance and conservation in climate change mitigation and adaptation and prevention of disasters. Several suggestions were taken on board in the revised version of the study and the Expert Mechanism Advice No. 7 contained therein, which is expected to be adopted at the next Human Rights Council session in September 2014.

Natural Justice and ICCA Consortium Host Event at EMRIP-7

On Monday 7 July, Natural Justice and the ICCA Consortium co-hosted a lunch-time event at the 7th Session of the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP-7) on access to justice, the UN Declaration on the Rights of Indigenous Peoples, and Indigenous peoples' and community conserved areas (ICCAs).

Holly Jonas (Natural Justice and ICCA Consortium International Policy Assistant) provided an introduction to ICCAs and access to justice. Emma Courtine (ICCA Consortium Programme Assistant) and Golshan Chahian (Cenesta, pictured at right) presented on a process for implementing rights-based approaches with the Indigenous nomadic tribes of Iran, which includes ICCA recognition, biodiversity conservation, sustainable livelihoods, and re-empowerment. On the latter in particular, Cenesta has a legal work group that aims to achieve nomad-friendly national laws and consists of four main bodies: tribal elders with knowledge of customary laws as legal advisors, lawyers, advocacy, and barefoot lawyers. Through this process, for the first time in national legislation history, Indigenous peoples and local communities in Iran provided suggestions for review and revisions of key national laws, which led to the inclusion of a new chapter on peoples’ participation and rights of Indigenous peoples and local communities.

CIEL Guide on Amici in international investment arbitration

Non governmental organizations that work in the area of international investment litigation have been bolstered in their defense of public interest, thanks to the new Guide for Potential Amici in International Investment Arbitrations. This joint publication by the Center for International Environmental Law (CIEL) and the International Human Rights Program at the University Of Toronto Faculty Of Law explains when and how NGOs can strategically intervene as a third party in international investment arbitrations as an amicus curiae (friend of the court).

The guide also provides background on why international investment disputes arise, the ways in which human rights can be implicated, and how amicus curiae can bolster human rights in investment disputes. 

In particular, this guide  focuses on the potential of filing amicus submissions at the International Centre for Settlement of Investment Disputes (ICSID), which specializes in disputes between governments and companies.

Given the opacity of ICSID-arbitrated proceedings, there is a clearly identified need for NGOs, acting as amici, to highlight human rights concerns, and focus attention towards public interest issues.

The full report, with annexes is available here.

EMRIP Side Event on the Relationship between ICCAs and Access to Justice

At the Sixth Meeting of the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) a side event was hosted on 11 July by Natural Justice, the ICCA Consortium and the Indigenous Peoples of Africa Coordinating Committee (IPACC) to discuss the relationship between access to justice and Indigenous peoples’ and community conserved territories and areas (ICCAs).

Grazia Borrini-Feyerabend (ICCA Consortium) opened the expert panel with an introduction to the concept of ICCAs and stories of diverse ICCAs around the world. Two local examples from the Indigenous Pygmy peoples from North Kivu (Joseph Itongwa, PIDP-Kivu) and from the Ogiek peoples (Daniel Mpoiok Kobei, Ogiek Peoples’ Development Program) from Kenya followed. Marie Wilke (Natural Justice), Nigel Crawhall (IPACC Secretariat) and Kanyinke Sena (Chairperson, UN Permanent Forum on Indigenous Issues) concluded the panel with presentations and statements on the legal perspective and the opportunities provided by the legal recognition of ICCAs as a means of environmental conservation.

The panel and the audience concluded that the concept of ICCAs provides a great opportunity for Indigenous peoples’ and local communities’ self-determination as it enables them to emphasise the benefit of their customary practices to society at large in the form of conservation, rather than simply arguing from their position as rights-bearers. Recognition of ICCAs in turn would also achieve recognition of land titles, collective rights and legal standing for customary institutions.

More information about EMRIP 6, including the draft study on access to justice, is available here. Submissions by Natural Justice to the study on access to justice are available here.

The full event report is available here.

AIPP Briefing Paper on Indigenous Women & Access to Justice in Southeast Asia

In conjunction with the 57th Session of the UN Commission on the Status of Women, Asia Indigenous Peoples Pact (AIPP) has released a briefing paper entitled "Indigenous Women in Southeast Asia: Challenges in their access to justice". The briefing paper is part of AIPP's advocacy for the respect, protection and recognition of the human rights of Indigenous women. Focusing on access to justice for Indigenous women in Southeast Asia facing development-induced violence, it draws on the results of the Southeast Asia Regional Consultation on Development, Access to Justice and the Human Rights of Indigenous Women, held from 30 October-2 November, 2012, in Chiang Mai, Thailand, in collaboration with the UN WOMEN Regional Office. The cases and testimonies addressed state and corporate development projects  (including dams, mines, plantations, economic land concessions, and national parks) and their impacts on the human rights of Indigenous women in Cambodia, Laos, Thailand, Vietnam, Myanmar, Indonesia, Malaysia, and the Philippines.

The common thread throughout the cases was the denial of the right of Indigenous peoples to determine their own path to political, social, economic, and cultural development, which was evident in the lack of efforts to undertake meaningful and substantive consultation and seek their free, prior and informed consent on all projects and activities undertaken in their communities. The lack of or limited access to justice and remedies to violations arising from development projects are exacerbated by their non-recognition as rights-holders with collective rights. Please read the full briefing paper and learn more about AIPP's programme on Indigenous women.

EMRIP Submission on Indigenous Peoples and Access to Justice

Orang asli (Indigenous peoples) of Malaysia celebrate a

successful High Court judgment in 2012. Photo via The Star.

On 11 February, Natural Justice made two submissions to a Human Rights Council-mandated study by the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) on access to justice in the protection and promotion of the rights of Indigenous peoples. The draft study will be presented at the sixth session of EMRIP in July.

The first submission had a global focus and consisted of two parts. Part I included inputs and experiences from several countries in Asia, Africa, and North and South America, with particular emphasis on the protection and stewardship of Indigenous peoples’ customary territories and resources. These were primarily drawn from a series of legal reviews coordinated in 2012 by Natural Justice and Kalpavriksh on behalf of the Indigenous Peoples’ and Community Conserved Territories and Areas (ICCA) Consortium.  It focused on the following themes before setting out key recommendations from the legal reviews:

1. The relationship between access to justice and a range of other Indigenous peoples’ rights;
2. Systemic and structural threats to Indigenous peoples’ rights and their territories and resources;
3. Judicial systems themselves as a barrier to justice;
4. Landmark judgments;
5. Landmark legislation; and
6. Continuing challenges with implementation and compliance.

L’accès à la Justice des Autochtones Pygmées en Province du Nord Kivu

Mission de médiation foncière entre les populations

autochtones pygmées et non pygmées dans 4 localités

du Groupement Ufamandu 1er, en territoire de Masisi.

Photo de PIDP-Kivu.

En date du 11 février 2013, Natural Justice, en collaboration avec le Programme d’Intégration et de Développement du Peuple Pygmée au Kivu (PIDP-Kivu) a soumis une étude conjointe sur l’accès à la justice des autochtones pygmées dans la province du Nord Kivu, au Mécanisme d’Expert des Nations Unies sur les Droits des Peuples Autochtones.

Cette étude décrit les difficultés auxquelles sont confrontés les autochtones pygmées en province du Nord Kivu pour accéder à la justice. Ces difficultés sont liées essentiellement à la marginalisation croissante des pygmées au sein de la société congolaise, l’analphabétisme, ainsi que le manque d’information concernant les lois et le système judiciaire en général.

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.

Two Opportunities for EMRIP Submissions

Via www.ohchr.org

Two significant opportunities are available to contribute to the Expert Mechanism on the Rights of Indigenous Peoples' (EMRIP) work to develop and monitor the implementation of law and policy around Indigenous people’s rights. The first is a survey for Indigenous peoples on strategies for implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The survey can be completed online here and should be submitted by 18 February, 2013. 

The second is an opening for contributions by Indigenous peoples, academia, national human rights institutions, civil society and other interested groups and persons  on EMRIP's study on access to justice in the promotion and protection of Indigenous peoples’ rights. There is no prescribed form for submissions, and contributions should submitted via email to expertmechanism@ohchr.org by 11 Febrary, 2013.