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.

Andrew ‘Atama’ Kitama (PACOS Trust) showed a short film and spoke about Native Customary Rights in Sabah, Malaysia, and efforts to engage in international processes such as the Universal Periodic Review. He outlined the intensive pressures Indigenous peoples face from mainstream ‘development’ programmes that aim to elevate Malaysia’s status to a developed country by 2020 but are in actuality creating larger gaps and further marginalisation. Subsistence farming is still seen as unsustainable and incompatible with the broader development agenda and the once-lauded Communal Title provision in the Land Ordinance has been distorted into a fast-tracked approval process that in effect forces communities into joint ventures, usually with oil palm companies. He lamented the lack of mechanisms for Indigenous peoples to be genuinely involved in decision-making and upholding political accountability and underscored the importance of communities’ ownership over their futures, rather than simply being ‘beneficiaries’ in misguided poverty eradication programmes.

Joseph Itongwa (Programme d’Intégration et de Développement du Peuple Pygmée au Kivu) and Christian Chatelain (ICCA Consortium Regional Co-coordinator for Central and West Africa) presented a short film on traditional knowledge schools among the Indigenous peoples in the Bambuti Forests in the Democratic Republic of Congo. They also spoke of the recognition of ICCAs as a matter of justice and respect and the importance of supporting conservation practices emerging from traditional rites of passage.

The presentations were followed by an active discussion with those in attendance, which included the following issues, among others:

• The critical importance of appropriate recognition of customary lands and traditional institutions and the bottom-up development of legal options and laws and policies that reflect and are adapted to local realities;
• The need to build the capacity of judges and lawyers on related international law and jurisprudence, and to build pressure for implementation of landmark judgments such as Endorois through lobbying at different levels;
• Concerns with militarisation of protected areas (for example, due to poaching) and the dispossession of people from their territories through conservation initiatives;
• The need for barefoot lawyers and community-accessible information (legal and non-legal) to demystify the law;
• The role of Article 26 of UNDRIP as key for implementation and recognition of Indigenous peoples’ lands and territories;
• The status and situation of the Indigenous Tatars of Crimea (given the current conflict with Russia) and the erosion of their collective rights and identity; and
• The deep-seated roots of ICCAs and their role in reclaiming identities, histories and cultures, and that peoples and communities themselves, not governments or NGOs, need to identify and uphold good practices for ICCAs.

UN Global Compact Launches Business Guide on Rights of Indigenous Peoples

On 2 December 2013, the UN Global Compact launched A Business Reference Guide to the UN Declaration on the Rights of Indigenous Peoples as part of the UN's Forum on Business and Human Rights. The aim of the guide is to help business "understand, respect and support the rights of indigenous peoples by illustrating how these rights are relevant to business activities". 

The Business Reference Guide was developed over a period of 18 months, involving the inputs of a number of Global Compact LEAD companies, as well as indigenous peoples, companies, business and industry associations, academia, international organisations, NGOs and individuals. 

The Global Compact is a call to companies to voluntarily align their operations and strategies with ten universally-accepted principles with respect to human rights, labour, environment and anti-corruption. 

You can download A Business Reference Guide to the UN Declaration on the Rights of Indigenous Peoples, as well as the Practical Supplement and Further Resources.

National Consultation in Sabah on Women's Rights in ASEAN

From 14-15 June, Holly Shrumm (Natural Justice) attended a national consultation in Kinarut with women from East Malaysia (Sabah and Sarawak) on human rights in the Association of Southeast Asian Nations (ASEAN) region. The consultation was organised by Land Empowerment Animals People (LEAP) and the Women's Aid Organisation, with support from the Southeast Asian Women's Caucus in ASEAN (Women's Caucus).

The two-day consultation included the following topics and activities:

• Introduction to the Women's Caucus,
• Introduction to ASEAN and its human rights mechanisms, including the ASEAN Charter and Human Rights Declaration, ASEAN Intergovernmental Commission on Human Rights, ASEAN Commission on the Promotion and Protection of the Rights of Women and Children, and ASEAN Committee on the Implementation of the Declaration on the Protection and Promotion of the Rights of Migrant Workers,
• Open Space Technology to explore women's priority issues in East Malaysia,
• Introduction to UN human rights mechanisms, including legally binding instruments ratified by Malaysia, and particular focus on the Convention to Eliminate All Forms of Discrimination Against Women and the UN Declaration on the Rights of Indigenous Peoples,
• Discussion of strategies and plans for the Women's Caucus in East Malaysia, including advocacy strategies to use regional and international mechanisms, and
• Group feedback and circle of support and solidarity.

Please visit LEAP's Facebook page to view photo albums from the consultation.

World Bank Steps Up Discussions with Indigenous Groups at this Year's UN Permanent Forum on Indigenous Issues

Photo Credit: UNPFII

During this year’s Permanent Forum on Indigenous Issues the World Bank engaged with Indigenous Peoples in a number of formal and informal sessions. Formally these engagements took place during plenary sessions of the Permanent Forum and informally during side events and organized dialogues. The size of the World Bank's team attending the Forum, which came up to 30 people in comparison to just a handful during last year's event, demonstrates the increased relevance the institution places on recognizing indigenous peoples as an important constituent in its work. 

The World Bank’s most important item of engagement was the review process with respect to its social and environmental safeguards that the World Bank is currently undertaking, which include a policy on indigenous peoples (Operational Policy 4.10). As the current policy was drafted in 2005, many of the numerous comments made by Indigenous Peoples during the discussions related to a demand to bring the policy in line with the UN Declaration on the Rights of Indigenous Peoples (UNDRIP 2007), including the right to free, prior and informed consent (FPIC). Furthermore, representatives called on the World Bank to not only examine the impact of UNDRIP on OP 4.10 but on all of the Bank’s policies.  It was highlighted that the importance of updating OP 4.10 cannot be overestimated, as in 2012 alone the safeguards were triggered by 20% of all World Bank projects, not including projects where they potentially should have been triggered but were not.

Newly appointed Senior Advisor for Indigenous Peoples and Ethnic Minorities, Luis Felipe Duchicela of the World Bank, responded to the criticism, highlighting that while OP 4.10 recognizes human rights the Bank is willing to take UNDRIP into account as part of the overall safeguard review process it is currently undertaking. However, he noted, in the end the World Bank’s board comprised of governments will have to approve any safeguards review and it was not up to the institution alone to implement such change.

Duchicela furthermore announced the founding of a World Bank advisory council made up with Indigenous People in the near future. He formally asked the Permanent Forum to help support the World Bank in setting up such a council as well as engaging in ongoing dialogue with Indigenous Peoples. 

Permanent Forum members responded to this request by indicating their willingness to support the Bank in this process. However, they highlighted the need to also involve the two other UN mechanisms working on indigenous issues, namely the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) and the Special Rapporteur on the rights of indigenous peoples, a position currently held by Professor James Anaya.

An additional dialogue took place with representatives of African indigenous representatives as well as representatives of IPACC and Eli Makagon, Lesle Jansen and Johanna von Braun from Natural Justice, during which the World Bank requested feedback from participants on how future dialogues with Indigenous Peoples from the African continent should take place.  Participants highlighted the need to split such consultations into sub regional engagements in North, Southern, East, West and Central Africa and provide for the different language groups on the continent. Participants also emphasised that information on such dialogues will have to be announced sufficiently in advance, unlike the previous dialogues that the World Bank conducted in the ongoing safeguards review process. Participants highlighted that such dialogues would be very important especially given the recent World Bank announcement of a 1 billion USD grant for the Central Lakes region in Africa, nearly half of which will be directed to hydro-power facilities.

NKC Calls on South African Government to Implement Recommendations from Former Special Rapporteur on Indigenous Issues

On Wednesday, 22 May 2013, on the topic of human rights, and during the Dialogue with the Special Rapporteur on Indigenous Issues, Prof James Anaya, Mr Cecil Le Fleur, delivered a statement on behalf of the National Khoisan Council in South Africa.  In the statement, Mr Le Fleur called upon the South African government to urgently implement the recommendations of the former Special Rapporteur on Indigenous Issues, Prof Rodolfo Stavenhagen set out in his report on his mission to South Africa.  He said that although South Africa is now a free country, it cannot be a true democracy if the Khoi-San peoples are not afforded the right to self-determination as envisaged by the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP).

In Mr Le Fleur acknowledged the progress made on the proposed Bill on Traditional Affairs by the South African government thus far, but expressed concern about the length of time it is taking the government to enact this legislation.  In addition, the proposed Bill does not adequately address the historical differences between the Khoi-San peoples and the other dominant tribes in South Africa, and the enactment of the Bill in its current form would lead to an unfair and inequitable outcome. 

In conclusion, the statement called for the following recommendations:

• The leadership and governance structures of the dominant tribes were recognized by our democratic dispensation 18 years ago.  However, the Khoi-San as the first indigenous peoples, are still struggling 18 years after the dismantling of apartheid to get the same recognition from our South African government. We call upon the government to enact legislation that recognizes the Khoi-San peoples’ indigenous institutions and leadership, without further delay.
• We ask for formal recognition of our collective land and heritage rights defined in terms of our ancestral territories including  use; access and management rights; 
• We ask that government set up a Ministry to deal specifically with Khoi-San affairs, led by skilled Khoi-San persons in cooperation with other partners; 
• We ask that Affirmative Action policies not continue to marginalize and discriminate against the Khoi-San through the continued stigmatization of being labelled Coloured through the system of apartheid as mentioned by Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Prof. Rodolfo Stavenhagen’s Mission to South Africa of 2005;.

In response to the statement, the Special Rapporteur, Prof James Anaya, acknowledged the concerns of the Khoi-San Peoples and undertook to raise these concerns with the South African government.

Spatial Planning for Conservation and Sustainable Development in Sabah

On 23 May, Holly Shrumm (Natural Justice) attended a day-long meeting on spatial planning for conservation and sustainable development in Sabah, Malaysia, which was organised by Hutan and the Malaysian branch of the World Wide Fund for Nature (WWF-Malaysia). With an overall emphasis on establishing the technical information-base for a holistic landscape approach to planning, participants highlighted the following points, among others:

• The need for a multi-stakeholder integrated approach with a common vision and concerted strategy that focuses on connectivity, viability, complementarity, target-setting, and cost-efficiency (known as 'systematic conservation planning'),
• The need to fill knowledge gaps in the spatial data such as location of 'good quality' forests, social-cultural values, and distribution of biodiversity and threats to it,
• The importance of providing technical inputs into the draft 20-year Sabah Structure Plan, including social safeguards in line with the UN Declaration on the Rights of Indigenous Peoples, and
• The importance of also planning for governance, management, implementation, and enforcement.

Participants also discussed unique considerations required for marine spatial planning, impacts of climate change (particularly on plant life), implications of different definitions of 'forests' (for example, if oil palm plantations were to be included), and the need to protect islands and mangroves from further developments.

Impacts of Private Land Titling in Indigenous Communities in Cambodia

Photo courtesy of firstpeoples.org

Asia Indigenous Peoples Pact (AIPP) has released a new publication in collaboration with the Ratanakiri Communal Land Titling Working Group entitled "Directive 01BB in Ratanakiri Province, Cambodia: Issues and impacts of private land titling in indigenous communities". AIPP introduces the research with the following description: "Asia has more than 200 million indigenous people who have maintained their lands, territories and resources sustainably for centuries. Land grabbing in the name of 'development' however, is taking place at an alarming rate, further increasing indigenous peoples’ marginalization, denying them of the material base for their distinct cultures and identities, and threatening their collective survival.

The situation in Cambodia exemplifies this issue. It deserves public attention and urgent government action. The current state of affairs needs to be addressed with a sense of urgency as indigenous peoples are being coerced to acquire private titles and sell them to make way for economic land concessions. Private titles are not consistent with the customary land tenure arrangements of indigenous peoples. They do not recognize the collective nature of indigenous communities, are limited to an area that is insufficient for traditional agricultural practices, and include other conditions that make them inappropriate.

Policies in practice have resulted in greater loss of land rather than secured the collective land tenure of indigenous peoples. While Cambodia has a law that recognizes the land rights of indigenous peoples, implementation has been weak and selective. In particular, the Cambodian government’s issue of economic land concessions on indigenous peoples' lands has often been conducted in a manner that directly violates indigenous rights.

At the global level, indigenous peoples’ customary right to traditional land ownership has been formalized in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted by the Cambodian government in 2007, which sets out the minimum standards for the recognition of the collective rights of indigenous peoples as the basis for social justice and achieving equality. This international human rights instrument affirms the rights of indigenous peoples to their lands, territories, and resources, as well as to their self-determined development. The legal and full recognition of these rights at the local and national levels remains imperative for indigenous peoples’ survival and dignity."

The report is available in English and Khmer.

Panel on COP 18 and Indigenous Peoples' Rights

Analysis of the Current State of COP18 Negotiations and Indigenous Peoples' Demands on the Green Climate Fund from Tebtebba on Vimeo.

Via the Asia Indigenous Peoples Pact (AIPP), a recent panel offered representatives from Indigenous rights organisations a platform to share their analysis of the climate change negotiations on 4 December 2012 in Doha, Qatar, during the UN Framework Convention on Climate Change’s 18th conference of parties (COP 18). The panel was organised by Tebtebba and the Indigenous Peoples’ Partnership on Climate Change and Forests and panelists included Victoria Tauli-Corpuz (Tebtebba), Dennis Mairena (Centro para la Autonomia y Desarollo de los Pueblos Indigenas - Nicaragua), and Stanley Kimaren (Indigenous Livelihoods Enhancement Partners - Kenya). 

The panelists analysed texts from the Subsidiary Body on Implementation and the Subsidiary Body on Scientific and Technological Advice and noted the extremely slow pace in negotiations in the Long Term Cooperative Action and Kyoto Protocol working groups. They also discussed the importance in protecting gains made by Indigenous peoples in the next climate change agreement, including the recognition of the UN Declaration on the Rights of Indigenous Peoples, recognition of the traditional knowledge of Indigenous peoples, and the requirements for full and effective participation in climate change programmes. On the Green Climate Fund, the panelists called for full and effective participation of Indigenous peoples, with separate representation from civil society.

Also relevant to climate change negotiations, Simone Lovera (Global Forest Coalition) recently drafted an article, posted on REDD-Monitor, on how the form of Measuring, Reporting and Verification (MRV) systems being developed to track the Reducing Emissions from Deforestation and Forest Degradation (REDD+) programme may be a ‘trojan horse’ for carbon markets that have yet to demonstrate results. 

Video from the panel can be accessed here. Simone Lovera’s article can be found here.

Article on Unique Rights of Indigenous Peoples - Think Africa Press

Via thinkafricapress.com

The body of law and policy around the rights of Indigenous peoples and local communities is changing and expanding rapidly. To offer a brief overview of notable international instruments and cases relevant to the African context, Dinah Shelton of the Inter-American Human Rights Commission has prepared an article on relevant law entitled "The Unique Rights of Indigenous Peoples" for a Think Africa Press online course on ‘International Law and Africa.’ 

The article briefly explains and considers the implications of developments in three areas: the international sphere; African cases; and Inter-American cases. At the international level, ILO Convention No. 107, ILO Convention No. 169, and the UN Declaration on the Rights of Indigenous Peoples are considered. For African cases, the Endorois case at the African Commission on Human and Peoples Rights is covered. On Inter-American cases, the growing jurisprudence around land rights and the right to property, as well as the Awas Tingni judgment of the Inter-American Court, are detailed. 

The article can be accessed here. More information on the Think Africa Press course, which is offered free of charge, can be found here.

Two Opportunities for EMRIP Submissions

Via www.ohchr.org

Two significant opportunities are available to contribute to the Expert Mechanism on the Rights of Indigenous Peoples' (EMRIP) work to develop and monitor the implementation of law and policy around Indigenous people’s rights. The first is a survey for Indigenous peoples on strategies for implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The survey can be completed online here and should be submitted by 18 February, 2013. 

The second is an opening for contributions by Indigenous peoples, academia, national human rights institutions, civil society and other interested groups and persons  on EMRIP's study on access to justice in the promotion and protection of Indigenous peoples’ rights. There is no prescribed form for submissions, and contributions should submitted via email to expertmechanism@ohchr.org by 11 Febrary, 2013.

UN Resolution: World Conference on Indigenous Peoples in September 2014

Photo via social.un.org

The United Nations General Assembly has adopted a draft resolution to hold a high-level plenary meeting on 22-23 September, 2014 in New York to be known as the World Conference on Indigenous Peoples. The main objectives of the Conference will be to “share perspectives and best practices on the realization of the rights of indigenous peoples and to pursue the objectives of the United Nations Declaration on the Rights of Indigenous Peoples.” The resolution also states that the Conference “shall result in a concise action oriented outcome document…on the basis of consultations with Member States, as well as indigenous peoples, and by taking into account the views emerging from the preparatory process.” 

“The World Conference on Indigenous Peoples presents a unique opportunity to ensure greater and more inclusive participation of indigenous peoples in decisions which affect them. Indigenous peoples need to be involved, heard and their issues addressed for real and transformative changes to happen. As well, the World Conference is an opportunity to bring to light the historical and current challenges facing indigenous peoples,” said Grand Chief Ed John, Chair of the UN Permanent Forum on Indigenous Issues. 

Read the full text of resolution A/66/L.61 here. Read a write up on the resolution by The First Perspective here.

IPACC Workshop in Pretoria

Photo from www.ipacc.org.za

Lesle Jansen of Natural Justice participated in a workshop hosted by Indigenous Peoples of Africa Coordinating Committee (IPACC) in Pretoria from 23-25 July. IPACC is a network of over 155 organizations in 22 African countries working towards the recognition of indigenous peoples in Africa. The workshop focused on indigenous peoples’ rights and recognition in South Africa and took place at the University of Pretoria. The participants included the representatives of the National Khoe-San Council (comprising the Nama, San, Cape Khoe, Koranna and Griqua), counterparts from the San and Nama community in Namibia and Botswana, and San youth from the Khwattu Cultural Centre. 

The workshop reviewed the current negotiations by the National Khoe-San Council and the United Nations norms and standards regarding indigenous peoples. It further reviewed the pending National Traditional Affairs Bill that will be giving formal recognition to the Khoe and San traditional leadership amongst others. The second day was an interactive session with the different government ministries. The workshop saw a presentation on UN Declaration on the Rights of Indigenous People’s foundational principles of self-determination and indigenous institutions and shared platforms for policy dialogue. The last day ended with a mapping of the way forward in addressing the issues the Khoe and San community continues to face.

UNDRIP E-Module for Communities

Natural Justice has developed a number of draft e-learning modules to support communities developing biocultural community protocols (BCPs) to increase their understanding of key international legal frameworks, concepts and programmes. These modules supplement ‘BCPs: A Toolkit for Community Facilitators’. 

The module on the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) seeks to provide insight into UNDRIP’s provisions and how they can be applied by communities worldwide It is targeted at communities who identify as Indigenous Peoples, who have a close relationship with a territory or resource, who have historically faced issues regarding that territory or resource, and/or have an interest in asserting any of the rights set out in UNDRIP. 

With approximately 370 million Indigenous Peoples spread across 70 countries worldwide who have historically been marginalised, the process of drafting UNDRIP began in 1985. It was adopted in 2007. While the Declaration elaborates a fairly comprehensive set of individual and community rights for Indigenous Peoples, its impact remains limited as it is not binding and has limited time to achieve changes. The module seeks to support communities to find relevant rights and to begin making these protections material. 

The module can be downloaded here. The BCP Toolkit can be downloaded here. The documents are not final and any comments can be directed to Holly Shrumm (holly (at) naturaljustice.org) and Harry Jonas (harry (at) naturaljustice.org).

Workshop on BCPs, UNDRIP and MEAs

On 24 May during the 13th Congress of the International Society of Ethnobiology (ISE), Holly Shrumm and Harry Jonas (Natural Justice) contributed to a full-day workshop on biocultural community protocols (BCPs), the United Nations Declaration on the Rights of Indigenous Peoples, and multilateral environmental agreements. The workshop was hosted by the ISE Global Coalition for Biocultural Diversity as part of the Congress' Indigenous Forum. Organized by the Global Coalition's Co-Chairs, Alejandro Argumedo (Asociación ANDES) and Krystyna Swiderska (International Institute for Environment and Development, IIED), the day included a range of speakers, including: Viviana Figueres (Secretariat of the Convention on Biological Diversity), Pierre du Plessis (Centre for Research-Information-Action for Development in Africa, CRIAA), Maui Solomon (Hokotehi Moriori Trust), Ilse Kohler-Rollefson (League for Pastoral Peoples), and Brendan Tobin (Irish Centre of Human Rights, National University of Ireland, Galway). Natural Justice presented on the community protocols website and toolkit.

The workshop concluded with a discussion among participants, during which there was general consensus that: a) BCPs offer a practical way for communities to articulate their “territoriality” (Argumedo, in conversation), affirm their responsibilities and assert their rights; b) BCPs should be recognized appropriately by a range of actors; c) BCPs should not be considered a panacea; and d) there is a risk that BCPs could become standardized or driven by external parties, thus undermining local processes.

A report of the workshop is available from IIED here. More information about the use of BCPs is explored in a forthcoming issue of IIED's Participatory Learning and Action Journal, entitled "Biodiversity and Culture: Exploring community protocols, rights and consent". Thanks to the Shuttleworth Foundation for their support to attend the Congress.