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.

Second National ICCA Conference Held in the Philippines

Indigenous peoples' and community conserved territories and areas (ICCAs) are gaining significant ground in the Philippines, with the hosting of the second national ICCA conference from 21-22 October in Pasig City. Following a successful first national conference in early 2012 and the 2013 launching of the Philippines national ICCA consortium (known as "Bukluran"), this conference had around 200 participants, most of whom were Indigenous representatives from across the country.

The conference was opened by welcoming remarks of Honourable Leonor Oralde-Quintayo (Chairperson of the National Commission on Indigenous Peoples), Amelia Supetran (UN Development Programme), and Honourable Teddy Baguilat (Representative of the Philippine Congress), among several others. After a presentation by Dr. Theresa Mundita Lim (Director of the Biodiversity Management Bureau, BMB) on the status of national recognition of ICCAs, Holly Jonas (Natural Justice and the ICCA Consortium) provided an overview of global developments on ICCAs, including from several other countries and in international law and policy.

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.

"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.

Natural Justice and ICCA Host Side Event at SBSTTA 18

On June 26, 2014, Natural Justice and the ICCA Consortium held a side event during SBSTTA 18 on Indigenous peoples’ and community conserved territories and areas (ICCAs) and how they can help in achieving the Aichi Biodiversity Targets. The side event focused in particular on Locally Managed Marine Areas (LMMAs), a type of ICCA that encompasses coastal and ocean territories and areas. This topic was particularly relevant given SBSTTA 18 Agenda Item 4 on marine and coastal biodiversity (link to agenda).

The side event featured two speakers, Onel Marsadule, Executive Director of the Foundation for the Promotion of the Indigenous Knowledge, and Taghi Farvar, President of the ICCA Consortium. Onel's presentation focused on the Kuna Yala people of Panama, whose territory includes a large marine ecosystem on Panama's Caribbean coast. Onel noted that the Kuna people have their own system of governance for the protection of marine and coastal biodiversity of their territory. For the Kuna, the importance of protecting marine resources and ecosystems is not only food dependency, but also on a holistic, cultural and spiritual relationship with the marine ecosystems. The Kuna have codified their customary laws into a written text, and one provision requires any project or activity affecting natural resources and biodiversity (which would include marine resources and biodiversity) to have an environmental impact study. He concluded by observing that it is essential to recognize indigenous resource management of marine ecosystems and called on Parties to strengthen customary laws and practices of conservation and traditional institutions.

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.

ASEAN Social Forestry Network Conference and CSO Forum held in Sabah

Member states, civil society organisations (CSOs), and community representatives from across the Association of Southeast Asian Nations (ASEAN) region have come together in Kota Kinabalu, Malaysia, for a series of meetings under the ASEAN Social Forestry Network and the theme "Enhancing Livelihood and Conservation Benefits from Social Forestry towards a Green ASEAN Community".

From 21-23 May, Holly Jonas (Natural Justice) joined more than 50 ASEAN-based organisations in the 3rd Annual CSO Forum, which was hosted by the Non-Timber Forest Products Exchange Programme (NTFP-EP), Jaringan Orang Asal SeMalaysia (JOAS), and Asia Indigenous Peoples Pact (AIPP), with support from the Swiss Agency for Development and Cooperation. The CSO Forum reviewed implementation of country-level roadmaps, shared support strategies, and developed working papers (on community economies and livelihoods, forest tenure and access rights, safeguards, and governance mechanisms) as the basis of CSO engagement in the 5th ASEAN Social Forestry Network Conference that followed on 24-25 May. The CSO Forum underscored that Indigenous peoples and forest-dependent communities are "partners, not threats" in forest conservation and that secure land and resource tenure are essential prerequisites to conservation and livelihoods alike.

UNPFII 13 Side Event – Indigenous Peoples' and Community Conserved Territories & Areas (ICCAs)

On Wednesday 14 May 2014, the GEF Small Grants Program hosted a side event jointly with UNDP, Natural Justice, the ICCA Consortium, WAMIP, UNINOMAD Iran and Cenesta to address ICCAs and how they support appropriate governance in line with Articles 3 to 6 and 46 of the UN Declaration on the Rights of Indigenous Peoples (UN Declaration). The event highlighted experiences from the field, with case studies from Iran, Chile, and Australia.

ICCA Kenya Committee hosts Coast Meeting

From December 9-10th the ICCA Committee in Kenya hosted a multi-stakeholder meeting in Ukunda along the Kenya coast. The objective of the meeting was to initiate discussions on the idea of ICCAs amongst a wide range of community members involved in local conservation initiatives. Participants of the meeting included representatives from conservancies, rangelands, Community Forest Associations (CFAs), Kayas (sacred forests) and Beach Management Units (BMUs) from all along the coastal region. As a member of the ICCA Committee in Kenya, Natural Justice was involved in the planning and coordination of the meeting. 

ICCA meeting for Southern and East Africa discusses ICCA examples from the region

On 8 November Natural Justice and the ICCA Consortium co-convened a meeting near Cape Town, South Africa, on Indigenous Peoples and Local Community Controlled Territories and Conserved Areas (ICCAs) in Southern and East Africa, to identify examples and best practices from the region. 

Following a comprehensive introduction to ICCAs and their recognition under relevant international law by Natural Justice, two expert panels introduced and discussed ten individual examples of ICCAs in the region. 

On the basis of experiences from Botswana, Ethiopia, Kenya, Namibia, South Africa and Tanzania, the 25 participants from the region discussed various strategies and best practices for communities to protect their ICCAs. The discussions revolved around management of ICCAs, documentation of ICCAs, and strategic litigation. 

International Workshop on ICCAs in Thika, Kenya

On November 5th 2013, Maya Sikand from Natural Justice attended and presented at an International Workshop on ICCAs in Thika, Kenya. The workshop was hosted by the Institute for Culture and Ecology (ICE) and the Swedish Society for Nature Conservation. Participants included representatives from community organisations from Indonesia, Malaysia, the Philippines, South Africa, Uganda, Ethiopia and Kenya. The workshop provided an excellent opportunity for the different organizations to share lessons from the ICCA-related work they are doing across the world. 

Maya Sikand gave a presentation on International Law and Policy Frameworks and ICCAs. Information about the various international mechanisms that exist was welcomed as just one tool of many to support and protect ICCAs. Different participants were able to connect the international frameworks to projects or developments in their own countries. For example, some had engaged with REDD+ or the Nagoya Protocol. Other participants came from countries that have put in place laws to protect Indigenous Peoples’ rights, and have participated in the work of implementing these laws. This presentation was followed by a discussion led by Adam Hussein Adam on the national legal context for Kenya, taking much from his recent report on the legal context for Sacred Natural sites in Kenya. 

Seventeenth Meeting of the SBSTTA Begins in Montreal, Canada

On October 14, 2013, country delegates, representatives of Indigenous peoples and local communities, and other participants came together in Montreal, Canada for the seventeenth meeting of the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA). This meeting, chaired by Mr. Gemedo Dalle Tussie (Ethiopia), is particularly noteworthy because it involves an entirely new meeting format. In the past, the Secretariat of the Convention on Biological Diversity (CBD) prepared draft recommendations that the Parties attending the SBSTTA meeting then considered throughout the meeting's course. This year, however, the CBD Secretariat did not prepare any draft recommendations. Instead, the first three days of the 17th meeting will consist of expert panels addressing issues on the SBSTTA agenda. Summaries of the discussions held during those panels will then be created in order to draft "conclusions, and if appropriate, recommendations." (UNEP/CBD/SBSTTA/17/1/Add.2, para. 6(c)). The effectiveness and ramifications of this new format remain to be seen, and some countries have called into question whether the decision to change the format conforms with the decisions regarding SBSTTA adopted during prior Conferences of the Parties.

On the agenda for this meeting are 2 main items: Item 3 -- Facilitating the implementation of the Strategic Plan for Biodiversity 2011-2020 and the Aichi Biodiversity Targets through scientific and technical means; and Item 4 -- Assessing the effects of the types of measures taken in accordance with the provisions of the Convention. With regard to Item 3, only the first four Strategic Goals of the Strategic Plan for Biodiversity (Goals A-D) will be discussed. Thus, Strategic Goal E, and its crucial Target 18 regarding traditional knowledge of and customary use of biological resources by indigenous peoples and local communities will dot be addressed.

Governance of Protected Areas - New IUCN Publication

“Governance of Protected Areas: From understanding to action” - a new publication produced by IUCN, the ICCA Consortium, the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) on behalf of the German Ministry for Economic Cooperation and Development (BMZ) and the CBD Secretariat, provides an important tool to help enhance governance diversity and quality of the world’s protected area systems.

Addressing an issue that was barely recognised until recently, the Guidelines “Governance of Protected Areas: From understanding to action” represent an important step towards integrating good governance into the conservation agenda. Over the past decades there has been a dramatic change in understanding about how governance of protected areas impacts on the achievement of their conservation goals. IUCN has defined four different forms of governance of protected areas. Along with the familiar state-run protected areas, managed by government employees, there are protected areas established and managed by indigenous peoples, local communities, ecotourism organisations, nonprofit trusts, private individuals, commercial companies and religious institutions, as well as a wealth of shared-governance arrangements between them. Finding the right mix of governance types within a protected area system and improving the quality of governance of individual sites remains one of the key challenges for bridging the implementation gap in CBD’s Programme of Work on Protected Areas, particularly in relation to effective participation, human rights, equity and benefit sharing.

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.

ICCA Toolkit Now Available

The UN Environment Programme World Conservation Monitoring Centre (UNEP-WCMC) has recently released a new resource entitled "A Toolkit to Support Conservation by Indigenous Peoples and Local Communities: Building capacity and sharing knowledge for Indigenous Peoples’ and Community Conserved Territories and Areas (ICCAs)". The toolkit documents sixteen case studies and a diverse set of innovative tools and approaches developed to help Indigenous peoples and local communities address critical challenges that affect their natural and cultural resources. The resources are organised around five key themes: documentation, management planning, monitoring and evaluation, communication, and finance and values. It also sets out tools to support the effectiveness and viability of ICCAs as governance structures for the protection of biodiversity and ecosystems. Our review of international law and jurisprudence, the Convention on Biological Diversity's Technical Series No. 64 on recognising and supporting ICCAs, and the toolkit and website on biocultural community protocols are highlighted as tools for legal empowerment and securing legal recognition.

In addition to UNEP-WCMC, the toolkit was developed with the support of and in collaboration with the UN Development Programme, the Global Environment Facility Small Grants Programme, the Government of Norway, the German Agency for International Cooperation, and the ICCA Consortium. It is available for download in English here.

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. 

Conservation & Society Special Section on Community-based Conservation

The latest issue of Conservation & Society (an open-access interdisciplinary journal exploring linkages between society, environment and development) contains a special section on community-based conservation. The introductory article, entitled "Conservation as if People Also Mattered: Policy and Practice of Community-based Conservation" by Ashish Kothari, Philip Camill, and Jessica Brown, sets the stage with the following abstract:

"Community-based conservation is being increasingly recognised as a major global force in the protection and sustainable management of ecosystems and species. Yet documentation of its main achievements and shortcomings, and the key issues it faces, is still at a nascent stage. This paper introduces the concept and experience of two forms of community-based conservation: Collaborative Management of Protected Areas (CMPA), and Indigenous Peoples' and Local Community Conserved Territories and Areas (ICCAs). It explores the emergence of these approaches in the context of global international conservation policy. Reviewing four case studies that were presented at a symposium convened at the Bowdoin College (Maine, USA, in November 2008), and drawing from the discussion during that session, it identifies some key lessons and principles that are likely to be applicable to community-based conservation across the world."

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. 

Launch of the Philippines ICCA Consortium

In the Philippines, the future of conservation is directly linked to Indigenous peoples. Recent spatial analysis shows that the vast majority of the country's remaining forests and key biodiversity areas are located within Indigenous peoples' ancestral domains. From 19-21 February, Koalisyon ng Katutubong Samahan ng Pilipinas (KASAPI, the national Indigenous peoples' coalition of the Philippines) and the Philippine Association for Inter-cultural Development (PAFID) co-hosted a workshop to establish the foundation for a national consortium on Indigenous peoples' and community conserved territories and areas (ICCAs). This initiative was in direct response to the Manila Declaration, which emphasises Indigenous peoples’ rights to lands and resources and the strengthening of traditional governance systems and sets out guidelines for Indigenous peoples, government and support organisations. The Declaration was agreed at the first national conference on ICCAs, held in March 2012 at the University of the Philippines.

Workshop participants were comprised of Indigenous leaders from the 7 ethnographic regions of the Philippines. Dr. Grazia Borrini-Feyerbend (Global Coordinator, ICCA Consortium), Samson Pedragosa (PAFID and ICCA Consortium Southeast Asia Regional Coordinator), and Holly Shrumm (Natural Justice and ICCA Consortium International Policy Assistant) served as resource people on successes, challenges, and lessons learned from ICCAs around the world and in international law and policy. Other speakers included Honourable Teddy Baguilat (Chairman, Committee on National Cultural Communities, House of Representatives of the Philippines), Folay Eleazar (Protected Areas and Wildlife Bureau of the Department of Environment and Natural Resources), and Toshihiro Tanaka (Resident Representative of the United Nations Development Programme, UNDP).

Many thanks to KASAPI, PAFID and PAWB for their generous hospitality and congratulations to the Indigenous leaders on this exciting initiative!