An End to Unjust Conservation? (commentary)

The San peoples of the Kalahari have suffered as a result
of exclusionary forms of conservation. CC Harry Jonas.  

In September 2014, events took place in three different parts of the world, which together highlight the multifaceted relationship between human rights and conservation, write Dilys Roe and Harry Jonas. First, in New York, the UN General Assembly adopted the Outcome Document of the World Conference on Indigenous Peoples (World Conference). The document reaffirms and recognizes, among other things: a) support for the United Nations Declaration on the Rights of Indigenous Peoples; b) commitments to obtain free and informed consent prior to the approval of any project affecting Indigenous peoples' lands or territories and other resources, c) commitments to acknowledge, advance and adjudicate the rights of Indigenous peoples pertaining to lands, territories and resources; and d) the significant contribution of Indigenous peoples to the promotion of sustainable development and ecosystem management, including their associated knowledge. Read the   full commentary here. 

Inaugural Conference on Land Policy in Africa Held in Addis Ababa

The inaugural Conference on Land Policy inAfrica concluded on Friday 14 November 2014 after three full days of presentations and discussions at African Union (AU) headquarters in Addis Ababa, Ethiopia. Themed "The next decade of land policy in Africa: ensuring agricultural development and inclusive growth," the Conference brought together parliamentarians, ministers, practitioners, academics, community representatives and other stakeholders to discuss the issue of land in Africa. The Conference was organized by the Land Policy Initiative, which is a joint programme of the African Union Commission (AUC), the African Development Bank (AfDB) and United Nations Economic Commission for Africa (ECA). Natural Justice attended the Conference with the support of the Institute for Advanced Sustainability Studies.

While numerous issues were discussed, from global initiatives to national land policy reform to customary tenure systems, three key themes were raised throughout the Conference: implementation of guidelines and policies; customary tenure; and information dissemination.

Implementation is Crucial

The opening session of the Conference featured representatives of the European Union, the FAO, UN Habitat, the AfDB and the Ethiopian government, among others. Speakers made reference to numerous guidelines and declarations, including the Framework and Guidelines on Land Policy in Africa (link), the Nairobi Action Plan to Promote Land-Based Investments that Benefit Africa (link), and the AU Declaration on Land Issues and Challenges in Africa (link).  The Conference also served as a forum to launch the AU Guiding Principles on Large Scale Land Based Investments in Africa (link). Throughout the Conference, presenters also provided information on new or existing land laws and policies in numerous African countries. There are also global guidelines relevant to land, such as the Voluntary Guidelines on the Responsible Governance of Tenure (link). However, again and again, questions were raised by both presenters and participants regarding implementation of guidelines and national policies. Moving from paper to practice is one of the critical issues facing African countries with regard to land.

Customary Systems Must Be Considered in Land Policies

While some countries such as Tanzania have done away entirely with customary systems of land tenure, in many countries such as Ghana, Zambia and Uganda, customary tenure remains an integral part of the land system. Often these customary tenure systems are administered through a Chief system that operates in conjunction with the national system. As countries in Africa draft new policies and revise existing ones, the manner in which customary tenure systems are taken into account will need to be carefully considered.

Information Dissemination is Needed

Throughout the Conference, another recurring theme was the need to disseminate information on various frameworks, guidelines, and national laws to communities. Participants noted that often communities are unaware of relevant national policies and regional frameworks. Many methods are available to raise awareness, and Burkina Faso provided one example. After a new land registration code was drafted in 2004, community theater was used in 696 communities to provide information on using the registration law, with women playing a key role in the process. Community protocols are particularly relevant in this regard, as part of their development involves providing information on relevant guidelines and national laws in the context of the issues that communities face.

Many other issues exist of course, including intra-community conflicts, multiple claims to registered land (for example, in Uganda, 90% of court cases are related to disputes over land), women's land rights, and internally displaced persons. Some issues were also barely discussed, such as the effect of investment treaties on the development of national land policies. If the Conference becomes an annual event, perhaps some of these issues could be taken up next year in more detail.

Communities and Governance of Natural Resources: Natural Justice Works in Turkana

Turkana County, Kenya has been considered amongst the poorest in the country. However, recent oil and water discoveries as well as planned infrastructural developments have brought hope to the citizens of a better life but have also raised a number of critical social, economic and environmental concerns. These were discussed during a Friends of Lake Turkana hosted conference titled 'Towards a Governance Agenda: Harnessing Natural Resources, Communities and Development, which was held in Lodwar, Turkana from the 21-24th of October 2014.

The conference sought to strengthen multi stakeholder participation and engagement in order to ensure local participation in natural resource and infrastructural development. Participants at the meeting included representatives of county and national governments, oil companies, civil society and community representatives. Further information on the conference can be found on the Friends of Lake Turkana website.

Natural Justice is partnering with Friends of Lake Turkana to ensure that legislation and policy positively represent the needs of the citizens of Turkana, in particular its pastoralist communities, so that they are involved in decisions related to their lands, resource and knowledge.

Call for Applications: Office Administrator 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 Administrator 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.

The key roles and responsibilities will include working closely with the core team in India and the finance team in South Africa on (among other things): project planning and logistics; developing work plans and reports for activities across India; assisting in the development of partnerships with civil society organizations and networks; financial and human resources management; monitoring, reporting, and communications; and fundraising.

Minimum skills and experience required:

• Tertiary education in management, law or an allied discipline;
• At least one year of experience with project management;
• Experience with organising and arranging events and/or community and multi-stakeholder workshops;
• Proven experience with financial management and/or fundraising;
• Experience with managing human resources;
• Some experience working with communities and/or civil society organisations or networks would be preferred;
• Strong oral and written communication skills, including through online platforms;
• Fluency in English; and
• Fluency in at least one Indian language (preferably Hindi).

Desirable traits and attributes:

• Keen interest in and commitment to work in a team that is motivated towards advancing the rights of tribal and traditional communities, particularly in relation to their territories, areas and natural resources
• Professionalism, strong work ethic, and personal initiative (“self-starter”)
• Critical and analytical thinking
• Reliability and attention to detail
• Ability to work both in teams and independently with little supervision
• Ability to work effectively in multicultural and international settings
• Ability to engage with a range of stakeholders

What’s on offer?

Natural Justice is a close-knit and nurturing collective that places emphasis on facilitating opportunities for the professional and personal growth of its members. Natural Justice will offer a competitive salary commensurate with skill and experience, with the opportunity for a long-term contract, pending performance and available funds. Joining Natural Justice will also give the successful candidate a chance to work with a passionate and highly professional global team in a fast-paced environment and gain valuable experience.

Application process:

Deadline: 21st November, 2014

Please email your application to Arpitha Kodiveri (arpitha (at) naturaljustice.org) with the job title in the subject line. Include a motivation letter that indicates why you feel you are the best candidate for this position, a detailed CV with three references, and at least three samples of your past work (for example, research papers or reports). Please ensure that your application as a whole speaks to the required skills and experience and desirable traits and attributes listed above.

Sixth Annual Heart of Borneo Conference in Sabah

The Heart of Borneo. Credit: WWF

The Heart of Borneo is a transboundary conservation initiative spearheaded by the governments of Malaysia, Indonesia and Brunei Darussalam and the World Wide Fund for Nature (WWF). Holly Jonas (Natural Justice) attended the initiative's sixth annual conference on 10 November 2014 in Kota Kinabalu, Malaysia, which focused on the theme "Enhancing Biodiversity towards No Net Loss and Beyond within the Heart of Borneo Landscape".

The conference was opened by Datuk Sam Mannan (Director of Sabah Forestry Department), who underscored the need for political sustainability in decision-making on environmental sustainability, and Datuk Seri G. Palanivel (Minister of Natural Resources and the Environment), who committed to applying for additional funds for the Heart of Borneo under the 11th Malaysia Plan. Dr. Greg Asner (Carnegie Institution for Science) delivered the keynote address on his team's groundbreaking work on remote sensing 3-dimensional mapping using the Carnegie Airborne Observatory.

The first panel, focusing on global perspectives, was chaired by Dr. Michael Kleine (International Union of Forest Research Organisations) and featured presentations by: Dr. Braulio de Souza Dias (Executive Secretary of the Convention on Biological Diversity) on the CBD's perspectives on No Net Loss; Jane Lawton (International Union for Conservation of Nature-Asia) on the critical role of protected areas and on IUCN's Business and Biodiversity Programme; Dato' Dr. Dionysius Sharma (WWF-Malaysia) on the major findings of WWF's recently released 2014 Living Planet Report, which illustrate a 52% decline in global biodiversity between 1970 and 2010; and Michael Crowe on policies and tools for achieving No Net Loss, including the standards of the Business and Biodiversity Offset Programme. The CBD's  2011-2020 Strategic Plan and Aichi Targets, particularly Target 11, were referenced multiple times, along with the need to move beyond quantity towards quality of protected areas in Asia.

The second panel, focusing on practitioner perspectives, was chaired by Datuk Darrel Webber (Secretary General of the Roundtable on Sustainable Palm Oil) and featured presentations by: Datuk Dr. Glen Reynolds (Royal Society South East Asia Rainforest Research Programme) on building an evidence base in Sabah for No Net Loss and Payment for Ecosystem Services; Dr. David Cassells (The Nature Conservancy) on translating environmental values into tangible income; Dr. David Brand (New Forests) on future forest plantations and implementation of No Net Loss; Simon Siburat (Wilmar International) on enhancing biodiversity within oil palm plantations; and Glen MacNair (Forest Solutions) on forest owners' perspectives on the role of industrial tree plantations in No Net Loss.

Yangon Conference on Human Rights and Agribusiness

Large-scale agribusiness (particularly monoculture plantations such as oil palm and sugarcane) causes widespread human rights violations and environmental degradation in Southeast Asia. This pervasive industry was the focus of a workshop held from 4-6 November 2014 in Yangon, Myanmar, which was convened by the Myanmar National Human Rights Commission, with the support of the Forest Peoples Programme, RECOFTC-The Center for People and Forests, and the Rights and Resources Initiative.

With 65 participants from the South East Asian National Human Rights Institutions Forum (SEANF) and supporting civil society organisations, including from Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, and Thailand, the workshop addressed interlinked issues such as extraterritorial investments, migrant labour and human trafficking, and food security, and illustrated the range of experiences and modalities of each National Human Rights Institution. In addition to series of panel presentations, the workshop featured engaging break-out groups on transitioning from voluntary to binding standards for transnational and other companies, and on improving, scaling up and innovating upon conflict resolution mechanisms at various levels. On the final day, participants adopted by consensus the Yangon Statement on Human Rights and Agribusiness in Southeast Asia, which calls for (among other things) strengthened regional cooperation with the Association of South Eas Asian Nations (ASEAN) Inter-governmental Commission on Human Rights, establishment of an ASEAN Human Rights Court and effective national-level complaints and redress mechanisms, and active coordination with certification bodies such as the Roundtable on Sustainable Palm Oil.

African BCP Initiative Workshop Kicks Off

Natural Justice, ETC Compas and the Centre for Indigenous Knowledge and Organizational Development (CIKOD), supported by the ABS Capacity Development Initiative (ABS Initiative) and the Ford Foundation, are hosting the African Biocultural Protocol Initiative Workshop from 5-7 November in Nairobi Kenya.

The workshop brings together representatives of the NGOs and CBOs that have been collaborating on the African BCPI and BCP processes in India. They are partners and/or community representatives from South Africa, Zimbabwe, Namibia, Ghana, Kenya, Ethiopia, Benin, Senegal, India, New York and the Netherlands.

The main agenda for the African Bio-cultural Community Protocol Initiative (BCPI) Workshop in Nairobi is to draw out key lessons and best practices on the development and utilization of Bio-cultural Community Protocols (BCPs) or Community Protocols, as they are also called. BCP is a framework that articulates community values, procedures and priorities as contained in traditional knowledge, practice and customary norms. They are useful as a basis of engaging with external actors such as governments, companies, academics and NGOs. They can also be used to catalyze constructive and proactive responses to threats and opportunities posed by land, resource and knowledge developments. BCPs are recognized under the Nagoya Protocol on Access and Benefit-Sharing (ABS), are in the current draft of the AU Guidelines on ABS and in some national policy frameworks. Further, the international and national laws that affirm the rights of indigenous peoples and local communities also provide a legal basis for BCPs.

In 2011 and 2012 the African Bio-cultural Community Protocol Initiative (BCPI) explored how African community could accept BCPs based organisations, NGO’s, lawyers and governments as a suitable legal tool to secure community rights, fair equitable access and benefit sharing. Since 2012, community partners in six countries have undertaken the African BCPI. The six African countries are South Africa, Ghana, Kenya, Namibia, Ethiopia and more recently Zimbabwe.

Participants get down to business

The overall objective of the BCPI Workshop is to provide a forum for sharing experiences, evidence-based key lessons and articulating best practices on the development and utilization of BCPs. This will involve assessing the tools and processes used in the development of BCPs and highlighting the challenges and crosscutting issues emerging on their development and utilization. More specifically, participants will be engaged in sharing the relevant experiences and key lessons derived from BCP processes, dialogues including evaluating the importance of connecting with NGOs and CBOs, highlighting any challenges and cross-cutting issues. They will also seek to highlight successes achieved by communities in utilization of BCPs in priorities/thematic areas and how these can be used in other contexts. The workshop will also formulate recommendations, identify opportunities and strategies for the journey ahead.

Kenya’s New Mining Bill, 2014

Natural Justice’s work in Kenya has focused around the LAPSSET project. One major factor around our work has been the myriad of bills in Parliament waiting passing that will regulate community land, mining, oil and gas, energy and infrastructure.

One of the more significant and impactful pieces of legislation, the Kenya Mining Bill 2014 was passed on its third reading last week.  The bill repeals the former archaic remnant of a long-forgotten epoch, the Mining Act from 1940 and still in force, which fails to adequately meet the current demands of the emerging sector.  The primary objective of the bill is to consolidate all of the current laws related to mining.  It also seeks to implement a number of articles within Kenya’s Constitution pertaining to land management, respect for the environment and agreements for natural resources.

As the bill stands, there are certain concerns that still need to be addressed.   A major concern is the wide discretionary powers held by the Cabinet Secretary, which belie transparency and good governance, though the latest draft has attempted to create a body known as the Mineral Rights Board that takes some powers, though minimal, away from the Cabinet Secretary.  The definition of community in the bill is also disconcerting.  In the Interpretation section of the bill, a community is defined as (a) a group of people living around exploration and mining operations area; or (b) a group of people who may be displaced from land intended for exploration and mining operations.  The definition, worryingly, does not clarify what ‘around’ or ‘group’ means nor does it include other communities who may still be affected by mining operations.

Another issue is the failure to include provisions adequately dealing with consultation with communities in relation to mining activities.  There should be consultation with communities in all aspects of the planning process according to international law and best practices, however the bill is silent on this.  The bill has provided for royalties to be shared among the National Government  – 70% to the County government – 20% and to the community where mining operations occur – 10%.  This is an improvement from the previous allocation of 5% to communities. Finally, the Mining Bill outlines the acquisition of community land without consent if the Cabinet Secretary considers it to be contrary to national interest.  This is a vague and arbitrary term.  The bill fails to provide a solution for communities who refuse to allow their land to be used for mining.  Natural Justice shall continue to follow up on the developments and discussions around this law with community members and partners as it awaits presidential assent.

Assisting Communities Assess the Impacts of LAPSSET

The Lamu Port-South Sudan-Ethiopia Transport (LAPSSET) Corridor Project, touted as the “first single gigantic, integrated, transformative and game-changer infrastructure project” the Government of Kenya has embarked upon is said to lead to an increase in the GDP by 3%. Whilst such growth has the potential of being extremely beneficial to the country there has been little discussion of the costs born by its citizens, in particular the communities around the infrastructure and extractive sites. 

In the ecological rich and culturally diverse Lamu archipelago, the site of the mega port, the hunter-gatherer, farming and fishing communities of the area are now witnessing the projects first stage of construction and questioning the benefits and costs of such a project.  In collaboration with its partner, Save Lamu, Natural Justice is working with an international natural resource economist to assist the communities in Lamu determine the potential costs of the port on their health, social and cultural well-being.

On the 11^thto 16^th October 2014, Members of Natural Justice Kenya and Natural Resource Economics travelled to Lamu to meet with various stakeholders, including Save Lamu, fishermen, business people and County Government representatives. The assessment will result in a report to be used by Save Lamu and members of the community in their discussions with Government to ensure a port that is beneficial to the community and environmentally sound.

Final SUARA Community Filmmaking Workshop of 2014 held in Sabah

Credit: SUARA / BEFF

Since its inception in 2011, the Borneo Eco Film Festival (BEFF) has run a training programme for aspiring community filmmakers called SUARA ("voice" in Bahasa Malaysia). In 2014, four workshops were held throughout the year, culminating in a five-day intensive workshop from 29 October to 2 November at the Sabah Forestry Department's district office at Lok Kawi.

There were over 40 participants from 24 villages and towns across Sabah, who learned practical skills in storytelling, pre-production, filming, and post-production. By the end of the workshop, each of the seven groups conceptualised and produced their own short film (including on topics such as Indigenous Rungus beadwork and the journey of a young urban Indigenous man from the forests of northern Sabah). Two of the films have been selected for public screening at the upcoming Centenary celebrations of the Sabah Forestry Department in the week of 9 November 2014. Congratulations to all of the participants and thanks to the many sponsors, supporters, and volunteers. For more information, check out local media coverage in Sabahkini and the Daily Express.

Local Communities Rise to the Forefront of Global Conservation Practice

While the global conservation movement has increasingly come to recognize the importance of indigenous and other local communities in terms of delivering conservation on the ground, much more needs to be done in terms of actively contributing to efforts to secure and strengthen local land and resource rights, according to Fred Nelson, Executive Director of Maliasili Initatives. Such rights are the foundation for rural livelihood security and a key part of recognized human rights, but also the building block for local conservation systems.

The upcoming World Parks Congress provides an opportunity to advance dialogue and new collaborations around these issues, and further ground durable conservation practices in local rights, interests, and actions. Read the full article here.