Balancing the Scales - Final Report on Community Protocols and Extractives Published

Are community protocols useful in assisting communities to respond to the challenges posed by extractive industries or large scale infrastructure development? For the last three years, four communities in Argentina, India, Kenya, and Zimbabwe, respectively, have been participating in a project that seeks to answer this question (click here for more information). 

The aim of the research project, implemented by Natural Justice with the support of the Heinrich Böll Foundation and in partnership with organisations and communities in Argentina, India, Kenya and Zimbabwe, was to build a better understanding of the ways in which community protocols can be effective in the context of extractive industries and related infrastructure development. The project, which commenced in 2013, has followed and supported community protocol processes in each of these countries. It has supported the sharing of information about protocols among all of the communities, as well as with the public, and resulted in the creation of a Community Protocols Toolbox that sets forth guidance on what facilitators should consider before and while embarking on a protocol process.

The project recently came to an end with the publication of a report, which provides an overview of what has taken place over the last three years in each of the four community protocol processes. The report also captures lessons that can be applied to future protocol processes, should other communities and civil society actors wish to engage in them. The report can be found here.

Workshop on Compliance Monitoring and Ground-truthing, 8th-9th December, 2014

The Natural Justice India team of eight members attended a workshop about Compliance monitoring and ground-truthing in the context of industries. The two day workshop held on the 8th and 9th of December was facilitated by NAMATI represented by Manju Menon and Kanchi Kohli. The first day of the workshop focussed on the process of ground-truthing and how to extrapolate and filter through multiple available legal data and clearance papers. This was followed by an exercise where the participants were divided into groups and collectively went through various official documents where the content was dissected to check for loopholes within compliance conditions. This exercise enabled the participants in a detailed structural industrial review comprising of reading and analysis of official documents such as letters of environmental clearance, reports on environment impact assessment and compliances etc. 

Day two of the workshop was about following up of the ground-truthing methodology within a context. The discussion was kept significantly contextual where a possibility of paralegal involvement as an important methodology was explored. The process of identifying and training paralegals was discussed. Since monitoring is often an issue when one is not based in the context, constant monitoring is included within the ground-truthing process. It was pointed out that the ground-truthing method can also get ingrained in the larger praxis of community involvement and process of paralegal training, also specifically along the lines of a participatory research project.

Call for Applications: Office Manager for Natural Justice-India

Natural Justice (Lawyers for Communities and the Environment) is a pioneering international team of legal practitioners. We conduct comprehensive research on environmental and human rights law, support communities and local organizations, provide technical advice to governments and intergovernmental organizations, and engage in key international processes in pursuit of environmental and social justice. Natural Justice currently works in Africa, Asia and Latin America and has offices in South Africa, Kenya, Malaysia, India, and New York City.

What are we looking for?

Natural Justice has been working with communities, NGOs and government agencies in India since 2009. Due to an increase in the scale of work and an expanded team, we are seeking a full-time Office Manager to assist in the coordination of our work in India. The successful candidate will be expected to begin work in mid-January and be based in Bangalore.

Capacity building of Forest Rights Committees, Kutch, Gujarat

Natural Justice India has been working with pastoralists in Kutch, Gujarat and collaborating with a local organization, Sahjeevan. At present, the pastoral communities are facing a range of issues especially with access to resources. The different objectives and priorities for the stakeholders involved, in particular the Forest Department and increasingly the emerging industries in the Kutch region pose a threat to the communities and their traditional livelihoods. In the face of such issues, Natural Justice has been working to secure land rights and traditional grazing routes through the implementation of the Forest Rights Act, 2008.

Natural Justice Fellowship Program: Call for Applications - India

The Natural Justice Environmental Law Fellowship Program is designed for young lawyers and other committed individuals from different backgrounds to get a chance to engage in the exciting space of environmental law. The Program introduces Fellows to a broad spectrum of issues within environmental law in India through fieldwork and research in several different areas of work. The Fellowship offers an exciting opportunity to lawyers and others who are passionate about learning to use domestic and international environmental law to secure the rights of communities to their lands and resources. The Fellows will be exposed to a range of innovative ways of effectively using environmental law, ranging from community-based legal support and training to written submissions and advocacy. Over the year, the Fellows will also benefit from networks community-based organizations, non-governmental organizations, legal practitioners, and others.

Placing the reconstituted NBWL in the Regulatory Framework

There has been a hue and cry over the newly reconstituted National Board for Wildlife (NBWL) as the same has inadequate representation from NGOs, eminent conservationists/ecologists/environmentalists and States from what is stipulated in the law. The Wildlife Protection Act, 1972 (Section 5A of the Wildlife Protection Act, 1972) mandates that 10 States (by rotation), 10 ecologists/conservationists/environmentalists and 5 NGOs need to be present in the 47 member body of the NBWL whereas the newly constituted NBWL has representatives only from 5 States, 2 ecologists/conservationists/environmentalists and  1 NGO.  

It is pertinent to note that the role played by the NBWL and the Standing Committee to the NBWL in regulating developmental and other activities in and around protected areas is crucial with the Wildlife Protection Act, 1972 (hereinafter the WLPA) vesting regulatory, recommendatory, advisory and consultative powers with the NBWL and the Standing Committee to the NBWL. The  Guidelines issued by the Ministry of Environment and Forest on 19^th December 2012 on taking up non-forestry activities in wildlife habitats (hereinafter the Guidelines) states that to undertake any non-forestry activities in any wild habitats, the project proponents requires Environmental Clearance, Forest Clearance and NBWL Clearance, making NBWL clearance another clearance process.   

Natural Justice holds BLINC Workshop in Bangalore

BLINC, a two day workshop-cum-exhibition organised by Natural Justice and designed by the LED Laboratory at the Srishti School of Art,  Design, and Technology, was held in Bangalore on June 27 and 28, 2014. BLINC’s vision is to bring Balance in the Landscape though Imagination, Negotiation and Collaboration. The Workshop brought together NGOs, academics, activists, designers and individuals or groups interested in the overarching theme of ‘Asserting community rights over the environment’.

BLINC Workshop and Exhibition: 'Asserting Community Rights over the Environment'

Natural Justice India office is hosting a two-day workshop and exhibition called BLINC on the 27th and 28th of June, 2014. BLINC aims to bring together NGOs, academics, activists, designers and individuals or groups interested in the overarching theme of ‘Asserting community rights over the environment’. Some of the objectives guiding this workshop and exhibition are:

• To bring together interested individuals and groups to discuss their approaches when they encounter challenges on the field while working with communities;
• To experiment with new methods of conducting such workshops;
• To work with the participants in arriving at new ways or potential approaches to challenges they experience in the field whilst engaging in such work.

Call for Applications for Volunteer Internship: Natural Justice, India

Natural Justice: Lawyers for Communities and the Environment is a non-profit organization registered in South Africa, with offices in India, Malaysia and New York City. We assist communities to engage with legal frameworks to secure environmental and social justice. Our mission is to facilitate full and effective participation of Indigenous peoples and local communities in the development and implementation of laws and policies relating to conservation and customary uses of biodiversity and the protection of associated cultural heritage. Natural Justice works at the local, regional, national, and international levels with a range of partners.

Natural Justice (India) is inviting applications for volunteer interns to support our work around extractive industries in Orissa. This project is part of an inter-regional action-research project with case studies in five countries across the world, including India. The project explores the development and use of bio-cultural community protocols as a tool to facilitate conflict transformation by enabling communities to engage constructively with extractive industries and other external actors, to secure their rights and interests.

Duration: We would prefer the internship to begin on 10th June 2014, for a minimum period of 3 weeks, but the position may be open beyond that.

Location: Please note that the intern will be required to work out of Bangalore, India for the entire duration of internship.

Indian Women's Rights to Property: Implementation of the Hindu Succession (Amendment) Act, 2005

In India, women’s access and rights of ownership over family property (both moveable and immoveable), in the absence of a will, is governed by succession laws based on religion. Under Hindu law prior to 1937, a woman did not have the right to own any property at all, except what she received from her parents at the time of her wedding. The Hindu Succession Act, 1956 was a breakthrough in terms of giving Hindu women a full and equal share of their husbands’ property as the children; yet, the male bias persisted. An amendment to this Act in 2005 took the progressive step of making daughters coparceners at par with sons, such that they receive an equal birthright to a share in the natal family’s ancestral property, i.e., parents’ property.

In December 2013, International Land Coalition (ILC) member Landesa Rural Development Institute and UN Women, India, prepared a report on the formal and informal barriers in the implementation of the Hindu Succession (Amendment) Act, 2005 in the context of women agricultural producers of Andhra Pradesh, Bihar and Madhya Pradesh. The study is unique in a number of ways, especially given its focus on women as agricultural labourers, an explicit effort to ask women what they want, and an assessment of the overall awareness of all stakeholders on general awareness relating to this law.

Call for Applications: Staff Lawyer / Legal Expert for Natural Justice-India

Natural Justice (Lawyers for Communities and the Environment) is a pioneering international team of legal practitioners. We conduct comprehensive research on environmental and human rights law, support communities and local organisations, provide technical advice to governments and intergovernmental organisations, and engage in key international processes in pursuit of environmental and social justice. Natural Justice currently works in Africa, Asia and Latin America and has offices in South Africa, Malaysia, India, and New York City.

What are we looking for?

Natural Justice has been working with communities, NGOs and government agencies in India since 2009. Due to increasing demand from our partners, we are seeking a full-time lawyer or legal expert to co-coordinate our work in India, with particular emphasis on Orissa. The successful candidate will be expected to begin work immediately and be based in Bangalore for at least six months.

The key roles and responsibilities will include (among other things): working closely with co-coordinators in India and Malaysia; developing strategies, workplans and reports for activities in Orissa and across India; supervising and supporting fellows and interns; conducting research and developing community-friendly legal empowerment materials; providing legal support to communities and local organisations (including in the context of developing and using community protocols); providing technical advice to government agencies; developing a network of law students and recent graduates; further developing partnerships civil society organisations and networks; and organising and attending relevant meetings and workshops within India, South Asia, and internationally.

NJ Facilitates Environmental Law Workshop at NUJS Kolkata

On 15th and 16th of February 2014, Stella James and Arpitha Kodiveri of Natural Justice facilitated a workshop organized by the Society for Environmental Awareness and Activism, a student-run organization at the National University of Juridical Sciences (NUJS).

The workshop was designed to be an experiential one, with the intent to help law students understand the complex social, political, economic and legal dynamics that play out in the field, and to develop the skill to use law as a tool for negotiation in such a scenario. The context chosen was that of Sariska Tiger Reserve in Alwar, Rajasthan, and the students were immersed in the context through narrative and role-playing as different stakeholders.

The students who participated were keen and capable, and eager to explore the field of environmental law. The feedback was that the workshop helped students understand that there is more to environmental law than is taught in law schools, and the format used was thought to be an interesting approach to teaching of environmental law. An important feedback was the need for NJ and other environmental law organizations to have a more continuous engagement with law students.

'Pluralism, Equality and the State'. 14th National Conference on Women's Studies

Natural Justice's Vaneesha Jain attended the 14th National Conference on Women’s Studies in Guwahati, Assam, India, from 4th to 7th February 2014. The conference was organised by the Indian Association of Women’s Studies in collaboration with Gauhati University Women's Studies Department, TISS Guwahati Campus, Cotton College State University and North East Network. The title of the conference was 'Pluralism, Equality and the State: Perspectives from the Women’s Movement'.

The conference had a total of 10 sub-themes, and Vaneesha presented a paper entitled ‘No Woman’s Land: Exploring Women’s Relationships with their Land and their Legal Entitlements’ under the first sub-theme. Participants in this sub-theme shared theory and field experiences in various Indian states on the subject of women’s access to land and land-based resources. The NJ presentation was well-received, and generated particular interest in its reference to the recent Land Acquisition, Rehabilitation and Resettlement legislation.

Designing training materials for legal empowerment initiatives

Arpitha Kodiveri of Natural Justice, India attended a weeklong workshop on designing training materials for legal empowerment initiatives held in Ahmedabad. The workshop was organized by the Center for Social Justice (CSJ), an organization that pioneered the use of principles of adult education in creating innovative legal training sessions.

Community based lawyers from different parts of India partnered with  their counterparts from the CSJ to brainstorm on  different methods  and approaches to  designing training material.  Arpitha worked closely with the group to develop a detailed methodology for providing training in environmental law to paralegals in India.

The training module and methodology is due to be  field tested in the coming few months in Gujarat.

Call for Internship Applications: Natural Justice-India

Natural Justice: Lawyers for Communities and the Environment is a non-profit organization registered in South Africa, with additional offices in India, Malaysia and New York City. Natural Justice’s mission is to facilitate full and effective participation of Indigenous peoples and local communities in the development and implementation of laws and policies relating to conservation and customary uses of biodiversity and the protection of associated cultural heritage. Natural Justice works at the local, regional, national, and international levels with a range of partners. 

Natural Justice (India) is inviting applications for two internship positions. The interns will be involved in projects related to work in Kutch, Gujarat, and the Sariska Tiger Reserve, Rajasthan, both of which are part of a broader project supported by the Ford Foundation. Please note that both the positions are unpaid.

Location: The interns will be expected to work out of the Natural Justice office in Bangalore. 

Deadline for applications: Applications will be accepted on a rolling basis. Please see below for more information and application requirements for each position. Only shortlisted candidates will be contacted.

Oral History Certificate Course by Centre for Public History, Bangalore

History conquers the past, eradicating memory through 'official' accounts. Oral history is an attempt to break the silence of public memory - to look at the other side of silence and give back to the people who made and experienced history, a central place. Where researching history has become perusing archives, oral history provides a fresh and more comprehensive approach to history by using personal narratives and memories to understand historical events.

This is the perspective that Stella James, Fellow at Natural Justice had the opportunity to understand and analyze in attending a one-week certificate course on Oral History, conducted by the Centre for Public History(CPH) in Bangalore from 20th-25th January 2014.  Facilitated mainly by Indira Chowdhury, Director of CPH as well as Heather Goodall, Professor of History at the University of Technology, Sydney, the course was designed to act as a theoretical as well as practical introduction to concepts of oral history.

Through case-studies on the partition of India, the stolen generations of Australia, the "black ban" on Dutch ships in 1945-9 and women's movements across border post 1945, complex issues like the reliability of oral history, manipulation of memory, the role of the interviewee in the interpretation of history, appreciating the gaps in personal narratives, power dynamics and ethics were discussed. There was also guidance given on more practical aspects like the use of audio technology, editing and transcribing, curating, designing projects and interview guides etc.

A one-on-one counselling/mentoring session with Prof Goodall, who has worked extensively with indigenous communities, allowed Stella to brainstorm ideas on how the principles and practices of oral history can be useful to lawyers working with communities.

Natural Justice visit Kutch, Gujarat

Revati Pandya and Arpitha Kodiveri of Natural Justice in India recently visited Kutch, Gujarat from November 19th-25th,
2013 to work with Sahjeevan in identifying legal issues that effect the camel maldharis that migrate through this vast landscape. Field visits with communities in Chhari Dhand, Lakhpat and the Banni area led to interesting insights into the nature of threats that the community faces from fast paced industrialization through the establishment of cement and chemical plants to restriction of grazing rights in mangrove and other protected areas. 

Petition to Halt Mining on Mountain Range in Odisha

The Mining Zone Peoples' Solidarity Group, an international research group focusing on new economic policy, has drafted a petition directed towards Sonia Gandhi, the Chairperson of the National Advisory Council, about grave concerns and environmental devastation resulting from iron ore mining in the sensitive Khandadhar mountain range in Odisha, India.

The full petition is copied below (unedited) and available for signing here.

Report of the Second Meeting of the Asia Regional Initiative on BCPs Now Available

The report of the second meeting of the Asian Regional Initiative on Biocultural Community Protocols, held in Bangalore, India, from 18-20 February 2013, is now available. The meeting was attended by the existing Asian partners and new partners from India to discuss the potential for the growth of this initiative and the challenges faced by the existing partners in the past year. It also included many new partners from India discussing the importance and relevance of biocultural community protocols (BCPs), particularly vis-à-vis the environmental legal landscape in India. The report discusses the following broad thematic areas:

• The relevance of BCPs in the India context;
• To distinguish between BCPs and other tools used by communities;
• To examine the value addition of BCPs in asserting community rights over resources; and
• To see how organizations gathered can collaborate with Natural Justice and others. 

To read the full report, please click here.

Presentation at National University of Juridical Sciences

On 24 February, 2013, Kabir Bavikatte (Natural Justice) was invited by the Nature Committee of the National University of Juridical Sciences, Kolkata to speak to students on Biocultural Rights and Access and Benefit Sharing. Thereafter Kabir co-chaired a mock session on negotiating the Nagoya Protocol with law students from law schools across India.