Second edition of The Living Convention is now available in English and Spanish

The Living Convention provides a range of the most important provisions relating to the linkages between Indigenous peoples and local communities and, among other things, their territories, lands, natural resources, and knowledge systems. It sets them out in an ordered manner, grouping similar provisions under the same heading to enable the reader to quickly assess the extent of international law relating to specific issues. 

The Living Convention is divided into three parts:

Part I sets out the rationale and methodology of the research undertaken to develop the compendium in Part II.

Part II contains a compendium of internationally recognized rights that support the integrity and resilience of Indigenous peoples’ and local communities’ territories and other social-ecological systems. 

Part III sets out a number of key questions concerning, for example, the utility of integrated rights approaches, how international law can be reformed, and how national governments can better uphold their international commitments. It then suggests initial activities that could further deepen the analysis and ways to address the current weaknesses in the development and implementation of international law. 

Village Meeting on the Forest Rights Act in Odisha

On 15th and 16th October 2013, Stella James (Fellow, Natural Justice) attended a village meeting held at the Bhudabhuin Community Centre in the Sundergarh district of the state of Odisha, India. The meeting revolved around a discussion of the Forest Rights Act 2006 (FRA), a landmark legislation in terms of granting customary rights over resources to adivasis (tribals) and other forest dwellers. The meeting was attended by approximately 60 persons, from different villages, some people travelling many kilometers by foot through thick forests, walking almost an entire day to attend the meeting. 

The meeting was facilitated by Jitendra Sahu, an advocate who has been working in Odisha on successful implementation of FRA in many areas of Odisha. Jitubhai, as he is popularly known, talked about the significant difference between the FRA and previous legislations on forests. In his own words, the crucial distinction is the inclusion of the word ‘right’ between the words ‘forest’ and ‘act’, thus finally marking a departure from the previously parochial understanding of all forest land belonging to the State. He emphasized how adivasis and other forest dwellers are now legally ‘owners’ and ‘right-holders’ of the forests in which they live, and not merely watchmen. Jitubhai also deftly explained some of the main provisions of the Act, without bogging the villagers with too much jargon or technicality, which may have tended to dissuade enthusiastic participation. 

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.

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.

African BCP Initiative Meeting

On Sunday October 13th Natural Justice hosted a meeting of the African Biocultural Community Protocol Initiative’s Kenyan partners in Nairobi. Attendees included representatives from the following organizations: Kivulini Trust, the Ogiek People’s Development Programme, Save Lamu, LIFE Africa Network, the Enderois Welfare Council and the Nairobi People’s Settlement Network. 

The meeting opened with a discussion facilitated by Natural Justice’s Gino Cocchiaro about what a BCP is and how it can help communities to access the law, among other benefits. This was a chance for more experienced partners to share lessons, and new faces to learn more about the process. The rest of the meeting was dedicated to conversations surrounding the presentations of two guest speakers – Rebecca Wangui and Ken Otieno from Reconcile. Rebecca spoke about integrating gender concerns into land issues, giving an overview of the status of women in various Kenyan land laws. Ken’s presentation spurred lively conversations about the status of the Community Lands Bill in Kenya, its significance, and how communities can give input.

ICCA Consortium and Natural Justice at WILD 10

From the 8th to the 10th of October the ICCA Consortium representatives and Natural Justice attended the 10th World Wilderness Congress, Wild 10, in Salamanca, Spain. Approximately 1500 people, including indigenous peoples and local communities, conservation organizations, government and business representatives attended the conference during which experiences were shared on conservation measures across the globe. An Indigenous and Community Lands and Seas Forum was also held during which members of the ICCA Consortium spoke of their territories and resources and the challenges faced to protect and conserve them. 

Gino Cocchiaro (Natural Justice) was invited to speak about community protocols and highlight examples as to how such protocols are being used to foster dialogue and agreement between communities and protected area authorities. 

International Meeting of the ICCA Consortium

The Indigenous Peoples' and Community Conserved Territories and Areas (ICCA) Consortium held its annual international meeting, including its General Assembly from the 4th-6th of October, in Valdeavellano de Tera, Spain. 

Natural Justice is a founding member of the ICCA Consortium and Holly Shrumm (Natural Justice) and Lesle Jansen (Natural Justice) are its International Policy Adviser and Co-ordinator for Southern and East Africa respectively. 

During the 3 days, members of the Consortium from Africa, Asia, the Americas and Europe shared their experiences on work with ICCAs. Among the discussions were experiences from Philippines and Europe in which communities have been able to successfully protect their ICCAs.

Save Lamu Forum on Human and Environmental Rights Monitoring

On Saturday October 5th Steph Booker and Maya Sikand from Natural Justice presented at a Forum hosted by Save Lamu on Human and Environmental Rights Monitoring in Lamu Town. Participants of the meeting included members of the Lamu community from the Islands and Mainland as well as representatives from communities along the LAPSSET corridor. 

Natural Justice gave a presentation on 'What is Human and Environmental Rights Monitoring?'. Participants then separated into groups according to region, and began documenting changes they have witnessed in their areas. This was an important first step in collecting information, and understanding what sort of questions are asked during human rights monitoring. It is hoped that this forum is the beginning of a wider effort at human rights monitoring training for community organisations along the LAPSSET corridor. Such documentation is an important tool when making a case about human or environmental rights abuses against companies or the government.

Presentations were also made by Sarah Singh from Accountability Counsel and Mohammed Ramadhan from the Kenyan National Commission on Human Rights on national and international grievance mechanisms. Save Lamu have initiated creative ways to bring all the information about changes in the communities to one central place, for example through text messages.

Introduction of The Wildlife Protection (Amendment) BILL, 2013 in India

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The Wildlife Protection (Amendment) Bill, 2013 was recently introduced in India in order to facilitate stricter enforcement of laws to protect wildlife, in view of the increase in wildlife crime. The proposed amendments, as listed in the Statement of Objects and Reasons, relate to prohibition on use of animal traps except under certain circumstances, requirement of a grant of permit for scientific research, increase in punishment for wildlife offenses, making exemptions to allow certain activities such as grazing or movement of livestock and bona fide use of drinking and household water by local communities, and protection of hunting rights of the Scheduled Tribes in the Union territory of Andaman and Nicobar Islands. Lists of flora and fauna are sought to be inserted for purposes of regulation of international trade under Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), in order to fulfill India’s international obligation to bring in necessary legislative changes to facilitate implementation of the CITES given that India is a party to the said Convention.

The proposed Amendments have raised certain apprehensions. It has been mentioned that consultations with the Gram Sabha will take place before declaring any Scheduled Area as a National Park. However, provisions containing the requirement for monitoring of such consultations are missing, and this is liable to lead to severe gaps in accountability.

Eighth Meeting of Working Group on Article 8(j) and Related Provisions of the Convention on Biological Diversity Being Held Montreal

From 7 to 11 October 2013, the Working Group on Article 8(j) and Related Provisions of the Convention on Biological Diversity (Working Group) will hold its eighth meeting in Montreal, Canada. Several important items are on the agenda this year, including whether to adopt the terminology "indigenous peoples and local communities" (Agenda Item 5); consideration of a draft plan of action on customary sustainable use of biological diversity (Agenda Item 4(a)); consideration of best practice guidelines regarding repatriation of traditional knowledge (Agenda Item 4(b); and potential revision of tasks 7, 10 and 12 of the programme of work on implementation of Article 8(j) (Agenda Item 4(c)). In addition, a number of side events will be held during the meeting addressing a wide variety of topics and issues relevant to Article 8(j) and related provisions of the Convention. Eli Makagon of Natural Justice will be attending and presenting on Natural Justice's work in this area. For more information, see the meeting documents, and follow IISD's coverage of the event, as well as Natural Justice's blog and Twitter feed.