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: 

Recognizing and Supporting International Community Conserved Areas (ICCAs) and Other Community Conservation Initiatives within the Convention of Biological Diversity

Street Art, Montreal, Canada

Natural Justice’s Cath Traynor recently joined Global Forest Coalition (GFC), the Indigenous Peoples’ and Community Conserved Area (ICCA) Consortium, and the Community Conservation Resilience Initiative (CCRI) at the Twentieth meeting of the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA), 25-30 April and the First meeting of the Subsidiary Body on Implementation (SBI) 2-6 May, Convention on Biological Diversity in Montreal, Canada.

Both SBSTTA and SBI considered a range of agenda items relevant to indigenous peoples’ and community conserved territories and areas and other forms of community conservation. Position papers were produced for both meetings and for each key agenda item the papers highlighted key issues and additional documents and identified how to strengthen the draft recommendations to more appropriately recognise and support ICCAs and other forms of community conservation. During both meetings GFC, ICCA Consortium and CCRI members actively followed key items, presented statements, and submissions to the Secretariat and hosted a Side Event. An important item under consideration was the mainstreaming of biodiversity and ahead of the meetings GFC released a Briefing Paper on ‘Mainstreaming Biodiversity and the Resilience of Community Conservation’ which outlines how mainstreaming requires reforming a diverse range of sectors and processes that are currently harming biodiversity and the peoples and communities who depend directly upon biodiversity for their survival, livelihoods and culture. The paper illustrates how ICCAs and other forms of community conservation can play a key role in the process and considers challenges, the importance of governance, mainstreaming in the agriculture, forestry and fisheries sectors and provides recommendations.

Both SBSTTA and SBI produced recommendations which will be considered at the Thirteenth Meeting of the Conference of the Parties to the Convention on Biological Diversity will take place 4-17 December, 2016, Cancun, Mexico.

Beyond Protected Areas

A side event was held at the twentieth meeting of the Convention on Biological Diversity's Subsidiary Body on Scientific, Technical and Technological Advice on 'other effective area-based conservation measures. On Monday 25 April, the WCPA Task Force on Other Effective Area-based Conservation Measures (OECMs) and the Secretariat of the CBD (SCBD) hosted a side event on OECMs. The event was chaired by Kathy MacKinnon (Chair, WCPA/Co-Chair, Task Force on OECMs) and was opened by Braulio Dias (Executive Secretary, SCBD) who underscored the importance of developing guidance on OECMs as a means of contributing to the security of biologically diverse areas that lie beyond the current protected area estate. Trevor Sandwith (Director, Global Protected Areas Programme, IUCN) suggested that the development of guidance on OECMs provides an important opportunity to consider the factors that lead certain areas that are currently not considered to be protected areas to support the conservation of biodiversity and to explore means of enhancing those qualities. Harry Jonas (Natural Justice/Co-Chair, Task Force on OECMs) presented an overview of the Task Force, the roadmap developed in Cambridge (January 2016) and the Task Force’s progress to date. David MacKinnon (Canadian Council on Ecological Areas - CCEA) presented on the CCEA’s work on OECMs, including a screening tool. Questions were raised by, among others, Puri Canals (Mediterranean Protected Areas Network), Simone Lovera (Global Forest Coalition) and Sarah Pearson Perret (Switzerland). Further information about SBSTTA-20 is available here.  

New Steps Of Change: Looking Beyond Protected Areas To Consider Other Effective Area-Based Conservation Measures

In 2010, the Conference of the Parties to the Convention on Biological Diversity adopted the Aichi Biodiversity Targets as part of the Strategic Plan for Biodiversity 2011-2020. Target 11 calls for ‘at least 17 per cent of terrestrial and inland water areas and 10 per cent of coastal and marine areas’ to be conserved by way of ‘well-connected systems of protected areas and other effective area-based conservation measures’. Yet four years after their adoption, parties to the CBD and other rights- and stakeholders have not received guidance about either what kinds of arrangements do and do not constitute ‘other effective area-based conservation measures’, or how best to appropriately recognise and support them.

This paper by Harry Jonas, Valentina Barbuto, Holly Jonas, Ashish Kothari, and Fred Nelson argues that without clear guidance on the issue, conservation law and policy will continue to inappropriately and/or inadequately recognise the great diversity of forms of conservation and sustainable use of ecosystems and their constituent elements across landscapes and seascapes, including by Indigenous peoples and local communities.

In this context, and in line with calls from the Convention on Biological Diversity and the IUCN, it proposes the establishment of an IUCN Task Force to further explore the issues with a view to developing clear guidance on ‘other effective area-based conservation measures’ as a means to effectively and equitably achieve Aichi Biodiversity Target 11. The full paper is available for download here.

Nagoya Protocol Enters into Force

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization will entered into force on October 12, 2014, providing the world with a mechanism to ensure that access to and the sharing of the benefits from the use of genetic resources, and associated traditional knowledge, happen in a context of transparency and with equity.

Natural Justice, and other organisations that have worked tirelessly to bring this dream to fruition.  In July, the requisite number of ratifications was attained, and the stage set for its entry into force. Ever since its founding, Natural Justice has been supporting communities in exploring how biocultural community protocols can assist them to engage with Access and Benefit Sharing (ABS) according to their values. This is in addition to the technical advice that NJ has constantly availed at all levels, from the sub-national to the international.

CBD Alliance Publishes an Activists' Guide to the CBD

The CBD Alliance is proud to announce the publishing of the "Activists' Guide to the CBD". The guide describes the work of the Convention on Biological Diversity (CBD), its structures, its protocols, cross cutting issues, among other valuable resources. The  guide is intended to provide a simple and accessible introduction to the Convention on Biological Diversity and current efforts to protect biodiversity. It aims to reflect a range of views held by members of the CBD Alliance, and includes summaries of CBD materials and other resources. The guide is aimed at those new to the CBD processes, as well as anyone wishing to deepen their understanding of the work being undertaken by different parties at an international level.

A Hard-Fought Victory: Nagoya Protocol Achieves Requisite Numbers for Entry into Force

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization will enter into force on 12 October 2014 following its ratification by 51 Parties to the Convention on Biological Diversity (CBD).

This is a proud moment for Natural Justice, and other organisations that have worked tirelessly to bring this dream to fruition. Ever since its founding, Natural Justice has been supporting communities in exploring how biocultural community protocols can assist them to engage with Access and Benefit Sharing (ABS) according to their values. This is in addition to the technical advice that NJ has constantly availed at all levels, from the sub-national to the international.

"Catching a Leopard by its Tail": SBSTTA 18 Wraps Up, Ahead of COP12

SBSTTA Chair Gemedo Dalle Tussie

The 18th meeting of the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA) closed on 28 June 2014 after six intensive days of discussions and negotiations among the Parties and observers. In keeping with the format first used at the SBSTTA 17 in October 2013, the CBD Secretariat developed official and information documents, but left the task of developing draft recommendation to committees convened during the meeting. As the Chair of SBSTTA Gemedo Dalle Tussie (Ethiopia) stated in opening the meeting, this format was akin to catching a leopard by the tail, and once you have done so, you must hold on tight.

Ninth Issue of [square brackets] Published

The Secretariat of the Convention on Biological Diversity (CBD) and the CBD Alliance have jointly produced the ninth issue of the [square brackets] newsletter to coincide with the recent meeting of the Subsidiary Body on Scientific, Technical and Technological Advice.

This issue of [square brackets] includes articles on coral reefs in the Western Indian Ocean, implementation of Aichi Target 3 in the livestock sector (by Mia MacDonald and Simone Lovera), and biofuel subsidies, among others. The ninth issue of [square brackets] is available for download here.

18th Meeting of the CBD SBSTTA Begins in Montreal

23 June 2014 marked the opening day of the 18th meeting of the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA) in Montreal. Several critical issues are on the agenda this year as the Parties prepare for the 12th Conference of the Parties in South Korea in October. These issues include synthetic biology, marine and coastal biodiversity, the fourth edition of the Global Biodiversity Outlook (GBO-4), invasive alien species, the Intergovernmental Science-Policy Platform for Biodiversity and Ecosystem Services (IPBES), and harmful incentives (link to meeting documents).

Synthetic biology is important for a number of reasons, including the potential for users to bypass the Nagoya Protocol through the transfer of digital information rather than genetic material itself. It is anticipated that countries in favor of synthetic biology will call for additional studies and argue that an agreed definition of the term is needed in order to delay any action on the matter by the CBD. However, several studies have already been undertaken, and extensive precedent exists for Parties entering into agreements despite a lack of of key terms being defined (i.e. the Cartagena Protocol). Marine and coastal biodiversity is also a key issue, and civil society has called for real action to address ocean acidification, underwater noise and marine debris.

Natural Justice at IDLO Roundtable at WGRI 5 on Legal Preparedness Regarding NBSAPs

On 21 June 2014, IDLO and the CBD Secretariat hosted a Roundtable on Legal Preparedness for Implementing and Mainstreaming National Biodiversity Strategies and Action Plans (NBSAPs). The event was designed to raise awareness of legal tools available to assist countries to use law to achieve the Aichi Targets and to allow Parties to share their experiences regarding implementation of their NBSAPs. Several countries shared their experiences, with many noting common themes such as inadequate awareness of legislation relevant to biodiversity; inadequate funding for biodiversity; and the related issue of difficulty with obtaining funds due to cost/benefit analysis that does not adequately capture the value of biodiversity.

Several organizations, including the ABS Capacity Building Initiative, the IUCN, and Natural Justice also gave interventions regarding their work. Jael Makagon highlighted the ICCA Legal Reviews coordinated by Natural Justice in 2012, noting that recognition of and respect for ICCAs is a way of achieving all of the Aichi Targets. While supportive formal law and implementation of law are crucial aspects of conserving and sustainably using biodiversity, achieving the Aichi Targets also needs institutional support as well. One way of doing so is for Parties to recognize and support ICCAs in their NBSAPs.

CBD Executive Secretary Braulio Dias provided closing remarks, noting that while the "political will" of government officials is important, the political will of society is even more important to put pressure on the government to achieve the goals of the CBD. He also highlighted the importance of governments partnering with communities to achieve the Aichi Targets, and hinted that the issue of traditional knowledge, which has been discussed for so many years at WIPO without much progress, will be taken up substantively at this year's Conference of the Parties.

Namibia Accedes to the Nagoya Protocol

Namibia has become the 35th country to accede to the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity.

With this accession, Namibia is now officially a Party to the NP under the Convention of Biological Resources (CBD). 

Natural Justice takes this opportunity to congratulate Namibia on the superlative work done towards this accession, and commits to supporting their ongoing work in meeting its obligations under the Protocol.

Quito II: Second Dialogue Held in Ecuador to Discuss Methods for Financing Biological Diversity

Braulio Souza (centre), Executive Secretary
to the CBD, gives closing remarks at the meeting.

There is no question that biological diversity is being lost at an unsustainable rate and that this trend needs to be halted through a variety of different approaches. Important questions exist, however, about how to pay for those approaches. To help answer those questions, several governments, as well as the European Commission and the CBD Secretariat, convened a meeting in Ecuador called the Second Dialogue Seminar on Scaling up Finance for Biodiversity from 9-12 April 2014 to discuss issues regarding financing biological diversity.

Representatives from governments, intergovernmental organizations (IGOs), NGOs and other organizations presented on a broad range of topics in plenary sessions, including: CBD and UN efforts in the area of financing (the High Level Panel on Resourcing and the Biodiversity Finance Initiative); the Global Environmental Facility's strategy for the next four years; and community monitoring of biodiversity. Jael Eli Makagon from Natural Justice presented on community protocols as a way of ensuring the full participation of Indigenous peoples and local communities in biodiversity financing. Several small group sessions were held, during which specific questions were asked by the organizers regarding many different topics, including perverse subsidies, taxation issues, and the Sustainable Development Goals.

8th Pan-African ABS Workshop, 10-14 March 2014, Cotonou, Benin

Natural Justice’s Gino Cocchiaro and Josh Ogada are attending the Pan-African ABS Workshop, being held from the 10-14 March 2014, in Cotonou, Benin. Organized by the ABS Capacity Development Initiative and now in its 8th iteration, the workshop is being hosted by the Ministère de l'Environnement Chargé de la gestion des changements climatiques, du reboisement et de la protection des ressources naturelles et forestière.

The meeting brings together a range of stakeholders and interested parties including ABS National Focal Points, representatives of competent national authorities for ABS, representatives of relevant regional and international (research) institutions, NGOs, indigenous and local communities, as well as representatives of the private sector involved in bio-trade and bio-prospecting. Natural Justice is a key partner to the Initiative, and this workshop provides a unique opportunity to review and strengthen the partnership, as well as forge stronger linkages with other stakeholders in the area of Access and Benefit Sharing (ABS).

Second Session of IPBES Held in Turkey

From 9-14 December 2013, the second session of the Plenary of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES-2) met in Antalya, Turkey. The objective of the platform is “to strengthen the science-policy interface for biodiversity and ecosystem services for conservation and sustainable use of biodiversity, for long-term human well-being and sustainable development”.

Within the final decision of the Platform “The Antalya Consensus” was adopted by delegates, this includes the following:

• A work programme for the period 2014-2018;
• Three task forces on capacity building, Indigenous and local knowledge systems, and knowledge and data;
• Development of a guide for the production and integration of sub-regional and regional assessments;
• Methodological assessments on: pollination and pollinators associated with food production; scenario analysis and modelling of biodiversity and ecosystem services; the conceptualisation of values of biodiversity and nature’s benefit to people; and thematic assessments on land degradation and restoration, invasive alien species, and the sustainable use and conservation of biodiversity; and
• Rules and procedures for the Platform including the nomination of future Multidisciplinary Expert Panel members.

Seventeenth SBSTTA Meeting Enters Final Day of Panel Discussions, With Drafting of "Conclusions" to Begin Thursday

As the seventeenth meeting of the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA) to the Convention on Biological Diversity (CBD) continues in Montreal, Parties and Observers continue to address the Strategic Goals and Aichi Targets of the Strategic Plan for Biodiversity 2011-2020. The meeting is being conducted with a combination of short speeches by members of panels who are selected based on their expertise in the Strategic Goal being addressed, followed by interventions on the part of Parties and Observers. This format means that some interventions with regard to a specific Strategic Goal are not able to be heard during the plenary and are pushed to the following day. On Thursday, 17 October, the agenda calls for the drafting of "conclusions and recommendations for further work." (Agenda link here.)

Thus far, Natural Justice has been involved in the SBSTTA meeting in several ways. On Monday, Eli Makagon spoke at a side event held by the CBD Alliance regarding a proposed ABS regulation to implement the Nagoya Protocol in the European Union (EU) currently pending before the European Council (for further information, see links on this page). On Tuesday, 15 October, Eli, with the assistance of Nele Marien, coordinator of the CBD Alliance, briefed delegates from the Latin American and Caribbean Group (GRULAC) on the EU's proposed regulation, noting that it severely limits the Nagoya Protocol's scope by limiting its application to genetic resources and associated traditional knowledge accessed after the Nagoya Protocol enters into force for the EU. On Wednesday, 16 October, Natural Justice and the Global Forest Coalition will co-host, along with the ICCA Consortium, a side event on meeting the Aichi Targets. In addition, Natural Justice will be attending several other side events as well as the ongoing plenary sessions. For more immediate updates and further information on the meeting, check out Natural Justice's Twitter feed online at https://twitter.com/naturaljustice.

Civil Society Newsletter on Biodiversity Features Two Articles by Natural Justice

The Convention on Biological Diversity (CBD) is known for being relatively open to civil society engagement. As just one example, the CBD Alliance and CBD Secretariat jointly produce a newsletter called [square brackets] ahead of major CBD meetings. The eighth issue has just been released to coincide with the upcoming meetings of the Working Group on Article 8(j) and Related Provisions (7-11 October) and the Subsidiary Body on Scientific, Technical and Technological Advice (14-18 October).

This issue of [square brackets] includes articles on "The Nagoya Protocol and the emergence of biocultural rights" by former Natural Justice Association member Kabir Bavikatte, on the proposal for the CBD to adopt the term "indigenous peoples" by Caroline de Jong (Forest Peoples Programme) and Holly Jonas (Natural Justice), and on the need for strengthened implementation of the CBD by S. Faizi (CBD Alliance Chairperson). The eighth issue of [square brackets] can be downloaded here.

ABS and BCP Workshop in Zeerust, South Africa

A workshop on the international legislative framework and the South African domestic laws relating to access and benefit sharing was held in Zeerust, South Africa on 9 and 10 April 2013. This workshop was the second of three workshops in a pilot project funded by the Department of Science and Technology and the National Research Institute, and organised by the Indigenous Knowledge Systems unit of the Medical Research Council of South Africa. Laureen Manuel and Stephanie Booker of Natural Justice conducted the workshop, which included presentations and training on biocultural community protocols (BCPs).

The participants of the workshop included committee members and youth from the Mokgola community in Zeerust. The topics covered the international and domestic law on Access and Benefit Sharing, specifically the Convention on Biological Diversity and the Nagoya Protocol, and the National Environmental Management: Biodiversity Act and Bioprospecting, Access and Benefit Sharing Regulations of South Africa.

The presentation and group discussions on BCPs revealed some community tensions which ended in concurrence that there needs to be more discussion within the community to reach agreement on certain issues.

Tokyo Meeting on Articles 19 and 20 of the Nagoya Protocol

Buddha of Kamakura

Kabir Bavikatte (Natural Justice) participated in an informal meeting from 25-26 March 2013 in Tokyo, Japan. The meeting was organized by the Japanese Ministry of Foreign Affairs in collaboration with the Secretariat of the Convention on Biological Diversity and the United Nations University Institute of Advanced Studies. It included discussions on Articles 19 and 20 of the Nagoya Protocol on Access and Benefit Sharing, namely, model contractual clauses, and codes of conduct, guidelines and best practices and/or standards, respectively.

With Articles 19 and 20 being one of the focal topics to be addressed at the upcoming third meeting of the Intergovernmental Committee for the Nagoya Protocol (ICNP3), this informal meeting aimed to facilitate a dedicated discussion on these items among experts from around the world. The outcomes of this meeting would provide valuable inputs to the discussion at the ICNP3.

Major CBD Publication on ICCAs

The Secretariat of the Convention on Biological Diversity (CBD)  has released a major new publication entitled “Recognising and Supporting Territories and Areas Conserved by Indigenous Peoples and Local Communities: Global Overview and National Case Studies.” The publication was coordinated and edited by Ashish Kothari of Kalpavriksh with Colleen Corrigan, Aurélie Neumann, and Natural Justice’s Harry Jonas and Holly Shrumm. Harry Jonas, Holly Shrumm and Natural Justice Fellow Eli Makaegon were lead authors for Chapters 3, 4 and 6 of the report on international recognition and support of ICCAs, national level legal recognition and support, and recommendations for recognizing and supporting ICCAs. 

From the Executive Summary, “there is increasing recognition that the territories and areas governed or managed by indigenous peoples and local communities contain significant levels of biodiversity (and related cultural diversity), and that the knowledge and practices of these people have contributed to conservation of ecosystem, species, and genetic diversity. This publication responds to the need for greater understanding on how to recognize and support the phenomenon of Indigenous Peoples’ and Local Communities’ Conserved Territories and Areas (ICCAs). Such a need has been voiced by those who work on conservation, indigenous and human rights, local communities, natural resource-based livelihoods and cultural issues. It also arises from the commitment of countries to recognize and support ICCAs, and the peoples and communities that govern them, as part of international conservation and human rights agreements.” 

The publication incorporates past studies on ICCAs and 19 national case studies commissioned as part of a project on ICCA Recognition and Support, undertaken by the ICCA Consortium, coordinated by Kalpavriksh. It also includes key findings from reviews of international and national ICCA legislation coordinated by Natural Justice. 

Download the full publication here. Reviews of national and international ICCA legislation can be found here.