Roundtable on Indigenous Peoples' Territories at WG8(j)

On Tuesday, 1 November at the 7th Working Group on Article 8(j) and Related Provisions (WG8(j)), Natural Justice hosted a roundtable on Indigenous peoples’ territories and community conserved areas. Members of Indigenous peoples and local communities from Zimbabwe, Australia, Canada, and Iran shared their experiences with varying types of legal recognition of collective rights to territories, areas, and resources, recognition of customary governance and management systems, and identity as a function of cultural connection to lands and waters.

Inappropriate forms of recognition and support was a common theme, particularly in cases where government or market-based mechanisms either retain ownership or decision-making power or have the potential to significantly undermine that of communities, primarily due to lack of attention to governance issues and inequitable sharing of costs and benefits. Other major barriers and challenges include far-reaching assimilationist policies, lack of full and effective participation of Indigenous peoples and local communities in decision-making processes that affect them, and a “clash of values” between customary and state legal systems and the collective and individual rights that they respectively elicit.

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Forest Peoples' Experiences with Implementation of Article 10(c)

On the opening day of the 7th Working Group on Article 8(j) and Related Provisions (WG8(j)), the Forest Peoples Programme (FPP) and the Secretariat of the Convention on Biological Diversity (SCBD) co-hosted a side event entitled, “Content and Implementation of the New Major Component of Work on Customary Sustainable Use (Article 10(c)) in the Programme of Work on Article 8(j) and Related Provisions”. John Scott (SCBD) stressed the fundamental nature of Article 10(c) to Indigenous peoples’ and local communities’ ways of life, highlighted the experts’ meeting on Article 10(c) held in June, and encouraged Parties to take into account the Addis Ababa Guidelines.

Caroline de Jong (FPP) introduced the “10(c) project”, which has been ongoing since 2004 and comprised of documenting customary practices, rules, and laws and their relation to conservation and sustainable use, identifying threats to customary systems, and providing recommendations for more effective implementation of Article 10(c). The remainder of the presentation was given by a group of FPP partners: Kid James (Wapichan people, Guyana); Auchalee Phonklieng and Sakda Saenmi (Karen people, IMPECT, Thailand); and Muhammed Abdul Baten (traditional resource users of the Sundarbans, Unnayan Onneshan, Bangladesh).

Barriers and challenges to the implementation of Article 10(c) include: lack of recognition of customary sustainable management of natural resources; continuation of top-down and paternalistic conservation policies; lack of recognition of traditional institutions and authorities and customary laws; lack of secure rights to territories and free, prior and informed consent; external pressures such as mining, logging, plantations, infrastructure projects, dams, and individual land titling to outsiders, which contribute to the destruction of traditional areas and reduced access to resources and in turn, of traditional knowledge and customary practices; lack of understanding among policy-makers about Indigenous peoples’ ways of life and relations with lands and resources; mainstream education and assimilationist policies; insufficient and inequitable participation of Indigenous peoples and local communities in state protected areas.

Despite these barriers, a range of community initiatives are enhancing implementation of Article 10(c) from the ground up. These include, among others: community-based research to document and communicate customary sustainable use, for example, mapping, videos, and monitoring of biodiversity and illegal resource activities (such as logging); training on customary practices, developing community-based management plans, and inter-community agreements about conserving specific areas. Maps in particular were noted as very important in the struggle for land recognition and helping government and conservation agencies understand communities’ ways of life. Governance and principles like free, prior and informed consent were highlighted as fundamental to ensuring ecosystem sustainability and the security and wellbeing of communities for future generations.

The presenters noted two main issues that were missing from the tasks of the draft component of work on Article 10(c), namely, climate change (including impacts on territories and roles of traditional knowledge and practices in mitigation and adaptation) and gender considerations.

During the question and answer period, the following issues were discussed: legal recognition of territorial rights is the basis of traditional knowledge and customary use – in other words, rights to traditional knowledge cannot be recognized without recognizing rights to territory; given the many similarities across regions, it’s important to have Indigenous-to-Indigenous sharing and cooperation, including on methodologies for documentation and communication; territories are not always static or well-defined areas and may shift, depending on the resources and increasingly, due to climate change.

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NJ in Montreal for Working Group on Article 8(j)

Kabir Bavikatte and Holly Shrumm (Natural Justice) are in Montreal, Canada, for the 7th Meeting of the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions (WG8(j)). The meeting will take place from 31 October to 4 November and will be preceded by a capacity building workshop on access and benefit sharing from 29-30 October.

Natural Justice will co-host and participate in a range of side events and meetings and will post reports on this blog throughout the week. Daily coverage of the negotiations will be provided by IISD Reporting Services.

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Exploring Access and Benefit Sharing in the ASEAN Region

Harry Jonas (Natural Justice) attended an ASEAN regional capacity development workshop on access and benefit sharing (ABS) in Manila, Philippines, from 25-26 October. The workshop was organized by the ASEAN Centre for Biodiversity and was attended by government officials, international organizations, NGOs, and academics. Over the two days, attendees heard presentations on the history of the Nagoya Protocol and experiences of national implementation from across the region and discussed challenges and opportunities. Natural Justice presented on our work and launched a publication entitled Community Protocols and ABS.

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Building Capacity of Conservation Groups on ABS

On 26 October, the ABS Capacity Development Initiative and Conservation International hosted a one-day capacity building event for conservation organisations in the Washington, D.C., area on access and benefit sharing (ABS). Entitled "ABS and Conservation: Opportunities and Challenges for the Future", the event included speakers who have been working in the ABS context for many years, including Pierre du Plessis from CRIAA and Jorge Cabrera from INBio, Costa Rica. Johanna von Braun (Natural Justice) also presented on the use of biocultural community protocols for the implementation of ABS at the local level.

The event provided participants with a general overview of ABS, the Nagoya Protocol and a number of case studies, and raised question in terms of the overlaps between ABS and conservation and how ABS should function as an incentive for conservation. A number of participants particularly highlighted the importance of linking questions related to resource governance to conservation and ABS and the importance of connecting questions regarding resource rights to establishing successful ABS incentive schemes that lead to conservation and sustainable use of biodiversity. The day ended with a fruitful discussion and brainstorming session on the particular role that conservation groups such Conservation International can play in making ABS work in practice.

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New Publication on Community Protocols in Peru

Asociacion ANDES, the Quechua communities of the Potato Park, and the International Institute for Environment and Development (IIED) have released a new publication entitled, "Community Biocultural Protocols: Building Mechanisms for Access and Benefit-sharing Among the Communities of the Potato Park based on Quechua Customary Norms".

The description is as follows: "The Potato Park communities in Peru are deeply committed to the conservation of biocultural resources, associated knowledge, and indigenous rights, and undertook this research to further investigate the role of customary norms and institutions in the protection of traditional knowledge (TK) and resources. The development of a Biocultural Protocol, in the form of the Inter-community Agreement for Equitable Access and Benefit Sharing, is the result of their efforts. In addition to providing a valuable example of effective community-based protection of TK and genetic or biological resources in praxis, this initiative is also one of only a handful of examples worldwide of working models that stem directly from customary laws and norms.

Given the present international paucity of models that adequately value and protect indigenous and local community rights, biodiversity and customary norms and practices in relation to benefit sharing and access to resources and knowledge – the present initiative may further serve as an example of best practice in relation to the implementation of the Nagoya Protocol. Spanish translation is forthcoming." More information is available on the IIED website on biocultural heritage.

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ABS Initiative Workshop in Malawi

Kabir Bavikatte and Sabine Zajderman (Natural Justice) attended the Fourth Access and Benefit Sharing (ABS) Workshop for Eastern and Southern Africa in Malawi from 17-22 October. The workshop, organized by the ABS Capacity Development Initiative for Africa (ABS Initiative) and hosted by the Environmental Affairs Department of Malawi, was the first in the sub-region since the adoption of the Nagoya Protocol at the 10th Conference of the Parties to the Convention on Biological Diversity (CBD). In light of this development, African countries are now discussing and identifying relevant ABS strategies at national, sub-regional, and regional levels to address the challenge of implementing the Nagoya Protocol. This meeting also echoed the Fourth ABS Sub-Regional Workshop for West Africa and the Maghreb, which was coordinated and facilitated by the ABS Initiative in collaboration with the Ministry of Environment and Sanitation of Mali and held in Bamako, Mali, from 26 September to 1 October.

The first four days of the workshop in Malawi aimed to inform the participants about the provisions of the Nagoya Protocol and provide them with a platform to share national experiences with implementing ABS, discuss key challenges while exploring national and sub-regional concerns, and identify capacity gaps and priority areas for action at the political and technical–administrative levels. Participants were first introduced to the Nagoya Protocol and its implications for national policies and legislation and were invited to discuss different policy choices – protective vs. market-oriented, governance and administrative structures, and definition of rights – for national implementation as well as potential coordination and harmonization strategies at sub-regional and regional levels. The use of the active ingredient of the Strophanthus Kombe seed harvested in the Lake Region of Malawi and the benefit sharing mechanism developed by TreeCrops with the local communities illustrated the main challenges faced at the local level and the complexity at times to discern a biotrade case from an ABS case.

The workshop ended with a two-day session exclusively focusing on practical approaches and methods in the field of Communication, Education and Public Awareness (CEPA) in the context of ABS. During this time, participants reflected on the development of sensible solutions and tools for dialogue to address the various communication challenges encountered with different stakeholders groups.

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ABS Training Course in Nairobi

Sabine Zajderman and Laureen Manuel (Natural Justice) attended a 5-day training course on access and benefit sharing (ABS) in Nairobi, Kenya, from 10-14 October. The course was aimed at addressing the capacity constraints faced by African countries in implementing ABS at the national and regional levels. About 30 delegates working in the field of ABS from East and Southern Africa attended the course, which was hosted by the Strathmore Executive Legal Education Programme (SELEP) in collaboration with the ABS Capacity Development Initiative for Africa. The course contents, designed by the Environmental Evaluation Unit of the University of Cape Town, included presentations on the key provisions of the Nagoya Protocol, traditional knowledge issues, and intellectual property rights, as well as case studies of actual experiences with ABS in Africa.

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First Symposium on ICCAs in Indonesia

Harry Jonas and Holly Shrumm (Natural Justice) attended the first-ever national symposium on the status, prospects, options, and opportunities for Indigenous peoples' conserved territories and areas conserved by Indigenous peoples and local communities (ICCAs) in Indonesia, organized by the People's Coalition for Fisheries Justice (KIARA), the Non-Timber Forest Products Exchange Programme for South and South-east Asia (NTFP-EP), Forest Peoples Programme, the ICCA Consortium, and WWF-Indonesia. The symposium took place from 13-14 October at the CIFOR campus in Bogor with support from The Christensen Fund, UNDP, GIZ, and WWF-Indonesia.

The two days comprised a number of presentations on diverse community experiences with conserved territories and areas across Indonesia, as well as a select few from other countries such as Iran, Panama, and the Philippines. The legal framework, including challenges and opportunities for official recognition of ICCAs, was elaborated by local legal NGO HuMa. Working groups discussed a range of questions, including the extent and local expressions and types of ICCAs in Indonesia; barriers to appropriate recognition and support; and future steps to promote the rights of Indigenous peoples and local communities, livelihoods, and conservation. Many thanks to Crissy Guerrero and the rest of the organizing committee for hosting us in Bogor!

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ICCA Consortium General Assembly in Bogor

Natural Justice participated in the 4th General Assembly of the ICCA Consortium on 12 October in Bogor, Indonesia, at the CIFOR campus. It was attended by 31 people, including representatives of Member organizations, Honorary Members, and the new regional co-coordinators. The Assembly included reports from the President (Taghi Farvar), Coordinator (Grazia Borrini-Feyerabend), Treasurer (Stan Stevens), Auditor of Accounts (Maurizio Farhan Ferrari), Chair of the Statutes Committee (Harry Jonas), regional coordinators, and Global Communications Officer (Vanessa Reid). The Assembly resulted in the adoption of the 2012 budget, revised Statutes, draft Procedural Guidelines and Membership Policy, and Global Communication Plan.

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ICCA Consortium Retreat in Indonesia

Harry Jonas and Holly Shrumm (Natural Justice) participated in a retreat of the ICCA Consortium from 6-11 October in Prana Dewi, Bali, Indonesia. The 6-day agenda brought together the new regional co-coordinators, the Consortium Secretariat, and some Member organizations and Honorary Members for the first time to discuss and plan a range of issues and initiatives.

Internal matters that were discussed included a review of the mission, 2020 vision, structure, membership, and past activities of the Consortium. Participants worked to propose revised Statutes, draft Procedural Guidelines, draft Membership, Partnership, and Financial Policies, and a proposed communication system for consideration at the 4th General Assembly on 12 October.

A range of sources of support were presented and considered, particularly: 2.5-year funding from The Christensen Fund (TCF) to strengthen the Consortium as an emerging local-to-global institution; 1-year funding from the UNDP/EEG Equator Initiative and UNDP/GEF Small Grants Programme (SGP) for documentation and dissemination of information of ICCAs in the context of 2020 Aichi Biodiversity Targets; 1-year funding from SwedBio for a review of national, regional, and international laws, policies, and practices that support or hinder Indigenous peoples' conserved territories and areas conserved by Indigenous peoples and local communities; and ideas for a funding proposal on participatory action research and policy advocacy. Also discussed were ongoing and potential initiatives and partnerships with, among others: the Secretariat of the Convention on Biological Diversity (CBD); the International Union for Conservation of Nature (IUCN) Global Protected Areas Programme, Commission on Environmental, Economic and Social Policy (CEESP) and relevant Themes, and World Commission on Protected Areas (WCPA); the Wild Foundation; and the UNEP-WCMC ICCA Registry.

Participants discussed past and planned involvement in various United Nations and other international policy mechanisms related to Indigenous peoples and local communities, particularly concerning biodiversity, climate change, food and agriculture, conservation, human rights, and cultural rights. They deliberated core concepts such as territories and the right to self-determination in relation to community conserved areas, considered a revised term for ICCAs, and planned regional objectives and activities for the Consortium in the Americas, Africa, Europe, and Asia-Pacific. A brief field trip helped illustrate cultural and spiritual aspects of the local water management and cultivation system known as Subak.

Natural Justice would like to thank Grazia Borrini-Feyerabend and Vanessa Reid in particular for planning the retreat and the Samdhana Institute for hosting us at Prana Dewi.

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Upcoming ICCA Consortium Events in Indonesia

Harry Jonas and Holly Shrumm (Natural Justice) will be joining other members of the ICCA Consortium from 5-15 October in Indonesia for a series of events. At a retreat from 6-11 October, the Consortium Steering Committee and Regional Coordinators will tackle a number of issues ranging from the action plan, 2020 Vision, and ongoing initiatives and partnerships to a global legal review and strategic inputs to international policy fora.

The 4th General Assembly will be held on 12 October at the CIFOR Campus in Bogor. From 13-14 October, the first ever national symposium on ICCAs will take place in Bogor. It will explore the concept, practice, limitations, and opportunities of ICCAs in Indonesia and, if appropriate, provide initial stimulus and support to a broad alliance of organizations and people willing to engage in appropriate follow-up activities.

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Indigenous Declaration on Climate Change and Traditional Knowledge

As the next round of negotiations under the auspices of the UN Framework Convention on Climate Change (UNFCCC) opened in Panama, a gathering in Finland of Indigenous leaders from around the world has called upon the international community to remove scientific bias against Indigenous knowledge from climate change science and policy. The meeting adopted the Sevettijärvi Declaration, which calls upon the UN Intergovernmental Panel on Climate Change (IPCC) to make all efforts necessary to include Indigenous knowledge and local perspectives in its assessment processes.

The Indigenous Peoples' Biocultural Climate Change Assessment Initiative (IPCCA) network will be releasing a synthesis report of the results of their local assessments in 2012, which will include evidence of climate change, impacts and adaptation and mitigation responses from the most representative ecosystems on the planet and provide recommendations to policy makers for future actions. “Addressing climate change requires that climate justice be taken seriously”, said Paulina Feodoroff of the Skolt Sámi nation. “We remind the international community that the United Nations Declaration on the Rights of Indigenous Peoples establishes international minimum standards for the respect, protection and fulfillment of Indigenous peoples’ rights. The IPCC and others are therefore obliged to include traditional knowledge in assessment reports."

The Sevettijärvi Declaration (also available in Spanish) contains further analysis and examples of the climate change impacts on Indigenous peoples and includes specific requests to the IPCC, United Nations Permanent Forum on Indigenous Issues, and national governments on how ensure that Indigenous knowledge properly informs climate change science and policy.

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