BCPs and Livestock Keepers' Rights in Nairobi

With drought and disease showing the potential to devastate livestock breeds developed for concentrated production, traditionally bred livestock are gaining attention from conservationists and commercial interests. In this context, the role of Indigenous peoples in breeding these livestock across generations and in ensuring sustainable grazing is increasingly recognised. This recognition is the foundation of the growing movement for national and international rights for livestock keepers. Biocultural Community Protocols (BCPs), through which communities can articulate their ways of life and practices of livestock breeding and sustainable grazing, are an emerging vehicle for asserting these rights.

In this context, Natural Justice participated in “Biocultural Protocols: An emerging approach to strengthening livestock keeping communities”, a one-day workshop hosted by the League for Pastoral Peoples (LPP) and the LIFE Network on 29th November in Karen, Nairobi, Kenya. Representatives from governments, NGOs, international organisations, and livestock keepers from six countries attended.

Jacob Wanyama (LIFE Network) presented on the history of the movement for livestock keepers' rights and Ilse Kohler-Rollefson (LPP) shared general comments on pastoralists, the breeds of livestock that they have developed, and the highly sustainable and promising ways in which they use and conserve the areas in which they live. Mwai Okeyo (International Livestock Research Institute) presented on the incredible lack of diversity in commercially promoted breeds of cattle around the world, the susceptibility of these breeds to drought and disease in Kenya, the comparative advantages of indigenous breeds through these conditions, and the challenges in protecting indigenous breeds from replacement or cross-breeding.

Gino Cocchiaro (Natural Justice) presented on the history of BCPs, their emerging significance and recognition in international law and policy especially in relation to the Convention on Biological Diversity and the Nagoya Protocol, and the importance of participatory processes for developing BCPs. Two communities who have already developed BCPs, the Raika of Rajasthan, India, and the Samburu of Kenya, presented on their objectives, the experience of BCP development, and some of the initial reception to their respective BCPs.

The participants were then divided into working groups to discuss whether BCPs were appropriate for livestock keepers and how BCPs can become more practical. The day closed with the working groups affirming the potential for livestock keepers to utilise BCPs and action points including the importance of building linkages between various communities developing BCPs and increasing the number of BCPs developed to gradually increase the significance and usefulness of BCPs.

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Third Biotrade Pilot in Vohimana, Madagascar

From 9-10 November, the last of three pilots linking the use of elements of biocultural community protocols (BCPs) in a Ethical BioTrade context took place in Vohimana, Madagascar. The series of pilots is part of a joined project between the Union for Ethical Biotrade (UEBT), GIZ, and Natural Justice aiming to explore the use of BCPs as a means to support UEBT members to strengthen their relationships with the local communities from whom they source natural ingredients. Vohimana is a 1600-hectare (ha) experimental reserve created by the NGO L'Homme et L'Environment. The area is a biodiversity hotspot and is divided into an 800 ha conservation zone, a reforestation zone, a production zone, and a residential area where several villages are located. In addition to conservation and restoration, the aim of the reserve is to generate sustainable livelihoods through promoting a range of activities that support the local communities to use the area sustainably. The activities include the promotion of a number of small micro-businesses ranging from eco-tourism to the production of essential oils used as ingredients for cosmetics.

For the production of essential oils, a number of local plants are either wildly harvested or locally cultivated. They include a number of ginger species, as well as cardamon, turmeric, and iary, which are subsequently locally distilled into essential oils that pass a range of international quality standards, allowing the oil to be fit for exportation. The local communities have formed an association of collectors, harvesters and distillers called APPUI PAM Manara-penitra, which has 46 active members. This association's only client is a company called Aroma Forest, a UEBT member since 2010, though most of its engagement with the company takes currently place through L'Homme et L'Environment.

The two-day session was facilitated by an independent consultant who had held three community meetings beforehand. The two days were split between another community internal discussion, followed up by a dialogue between APPUI PAM and L'Homme et L'Environment. In the dialogue, participants discussed the challenges they were facing, commitments towards sustainable wild cultivation and harvesting, and mutual expectations for the future. Key elements of the discussion included, among others, challenges they were facing with respect to administrative expenses and procedures, the need for child care facilities at different locations, the hope to increase cultivation to increase supply, and the long-term aim of the association to become more independent from the NGO and deal more directly with Aroma Forest. The session was concluded with participants acknowledging the importance of such discussions and the importance of keeping this process ongoing. The next meeting date was established for the 7th of December, this time to also include Aroma Forest as the third stakeholder in the relationship.

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Natural Justice Seeking Francophone Lawyer for Africa

Natural Justice: Lawyers for Communities and the Environment is seeking a Francophone lawyer or legal practitioner for its African projects. The lawyer/legal practitioner would primarily be working on the interface between community rights and environmental law, described as bio-cultural rights, and ideally would have a background in these fields. He/she would be required to assist in regional projects advising communities, community based organizations (CBOs), non-governmental organizations (NGOs), and governments on relevant human rights and environmental law and policy, including  the Nagoya Protocol on Access and Benefit Sharing under the Convention on Biological Diversity.

The individual should be fluent in English and French and be able to communicate technical legal language to a wide range of audiences, ranging from communities to policy makers and international negotiators. The lawyer/legal practitioner would be based out of the Cape Town, South Africa, office and be required to travel frequently. The full call for applications can be read below.


Position: Legal Advisor for Francophone Africa
Organisation: Natural Justice: Lawyers for communities and the environment
Location: Cape Town, SA
Start date: Immediate
Deadline: December 9, 2011

Natural Justice: Lawyers for Communities and the Environment is seeking a lawyer with experience in Francophone Africa to guide Natural Justice's work in the region, based out of the organization's office in Cape Town, South Africa, with frequent travel. The lawyer will primarily work on providing legal advice on international, regional and national human rights and environmental law and policy to Natural Justice and its partners in Francophone Africa. The lawyer will assist in regional projects advising communities, community-based organisations (CBOs), non-governmental organisations and governments on relevant laws and policies that seek to safeguard biodiversity and the role of communities as stewards of biodiversity and associated traditional knowledge, including the Nagoya Protocol to the Convention on Biological Diversity on Access and Benefit Sharing. The position will initially be for one year with potential for extension.

Natural Justice: Lawyers for Communities and the Environment is an international collective of legal practitioners that was established in South Africa in January 2007 with the vision of using the law to ensure the conservation and sustainable use of biodiversity through the self-determination of Indigenous peoples and local communities. Natural Justice’s mission is to facilitate the full and effective participation of communities in the development and implementation of law and policy that impacts biodiversity and associated cultural heritage. In order to realize this, Natural Justice works closely with communities on the ground while simultaneously engaging with governmental and intergovernmental processes at the national and international level to ensure the effective representation of community concerns. Natural Justice currently advises and assists communities, CBOs and governments in Africa, Asia and Latin America. Natural Justice also provides technical support to a number of inter-governmental organizations including the UNEP, UNESCO, FAO and the UNDP. Please refer to our website and our blog for further information. Candidates should submit their CV and a letter of motivation via email to gino@naturaljustice.org by December 9, 2011.

Responsibilities
• Provide legal advice to Natural Justice partners in francophone Africa on relevant human rights and environmental law and policy in international and regional legal frameworks;
• Research relevant international and national legal frameworks and jurisprudence for Natural Justice partners as necessary;
• Support communities to develop of bio-cultural community protocols (BCPs)1 through Natural Justice’s African BCP Initiative;
• Assist NJ in drafting publications based on its work in Africa;
• Explore new potential areas of work and engage with potential partners and donors in Francophone Africa;
• Guide the translation of NJ publications and other documents from French to English and English to French;
• Liaise and share information with the organizations partners in Asia and Latin America;
• Supporting African governments to draft and/or implement ABS legislation in accordance with the Nagoya Protocol.

Required
• LLB or equivalent degree or experience as a legal practitioner.
• Fluent in French and English
• Knowledge of regional and international human rights and environmental laws, including the Convention on Biological Diversity
• Ability to travel frequently

Desired
• At least one year experience as a lawyer in francophone Africa, including work utilizing regional and international bio-cultural legal frameworks
• Experience in drafting, reviewing and/or advising on legislation

For further information on the position, please contact Gino Cocchiaro at gino@naturaljustice.org.

Footnote 1: Biocultural community protocols (BCPs) are community‐led instruments that promote participatory advocacy for the recognition and support for ways of life based on the customary and sustainable use of biodiversity, according to standards and procedures set out in customary, national and international laws and policies. In this sense, biocultural community protocols are community‐specific declarations of the right to diversity and claims to social pluralism. Their value and integrity lie in the process that communities undertake to develop them, in what the protocols represent to the community, and in their future uses and impacts.

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Working Group on Article 8(j) Concludes in Montreal

The 7th Meeting of the Working Group on Article 8(j) and Related Provisions (WG8(j)-7) concluded in the evening of 4 November in Montreal. Throughout the week, delegates considered a range of issues, including:

• Progress report on the Programme of Work on Article 8(j) and related provisions;
• Mechanisms to promote the effective participation of Indigenous peoples and local communities in matters related to the objectives of Article 8(j) and related provisions of the CBD;
• Multi-year Programme of Work on the implementation of Article 8(j) and related provisions, with a new major component on Article 10 with a focus on Article 10(c), as well as focus on development of sui generis systems for the protection of traditional knowledge and development of indicators relevant for traditional knowledge and customary use;
• In-depth dialogue on thematic areas and other cross-cutting issues of ecosystem management, ecosystem services, and protected areas;
• Recommendations from the United Nations Permanent Forum on Indigenous Issues; and
• Adoption of recommendations.

The Secretariat’s meeting report and all of the in-session documents, including L docs with draft recommendations submitted by the Chair, are available online. For more detailed information about the negotiations' outcomes, read the Earth Negotiations Bulletin summary and analysis.

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Side Events on BCPs, REDD, ABS, and Protected Areas

At the 7th meeting of the Working Group on Article 8(j) (WG8(j)) held in Montreal from 31 October to 4 November, Natural Justice participated in four side events hosted by other organizations. The first side event hosted by Asociacion ANDES and the International Institute for Environment and Development (IIED) was entitled, "Customary Norms and Biocultural Protocols in the Potato Park, Peru" and focused on the development of an inter-community agreement for equitable benefit-sharing based on Quechua customary laws, and the role of the agreement in strengthening local economies and knowledge systems. The side event also launched a new publication on the biocultural protocol of the six Quechua communities that established, governed and managed the Potato Park as an in-situ gene bank under their stewardship.

The second side event was hosted by the Indigenous Peoples Biocultural Climate Change Assessment Initiative (IPCCA) and explored a variety of perspectives related to the use of biocultural protocols for protecting and promoting traditional knowledge, practices and innovation systems of Indigenous peoples and local communities. It focused on how biocultural protocols can become a tool for empowering Indigenous peoples and drive the local implementation of Articles 8(j) and 10(c) of the Convention on Biological Diversity. The presenters at the side event discussed why biocultural protocols are critical for maintaining cultural symbols, beliefs, attitudes, values, expectations, and norms of behavior associated with respect for Mother Earth. They also discussed how biocultural protocols could be strategically used as tools to affirm community rights to their territories, to contribute to the management of Indigenous territories and ecosystems, and for fostering socio-economic development based on biocultural heritage. Examples of biocultural protocols applied in the context of access and use of genetic resources and traditional knowledge and Reducing Emissions from Deforestation and Forest Degradation in Developing Countries (REDD) were also presented.

Natural Justice also participated in a side event hosted by India's National Biodiversity Authority and Ministry of Environment and Forests. The side event, entitled "Traditional Knowledge and Access and Benefit Sharing: Examples from India", discussed efforts by the government of India in protecting traditional knowledge and securing the rights of Indian communities to the same. Kabir Bavikatte (Natural Justice) presented on biocultural community protocols developed by Indigenous peoples and local communities in India to protect their traditional knowledge and explained how these protocols can be used to effectively implement the Indian Biodiversity Act in a manner that recognizes the rights of these communities to their collective biocultural heritage.

Finally, Natural Justice presented at a side event hosted by GIZ and UNEP on access and benefit sharing and the Programme of Work on Protected Areas (PoWPA), focusing on reporting on the outcomes of a meeting on the same held in Gland in July 2011.

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Side Event on Recognizing and Supporting ICCAs

Women in Pa' Upan, Krayan Selatan, Indonesia.
Credit: Cristina Eghenter

On Wednesday, 2 November at the 7th Working Group on Article 8(j) and Related Provisions (WG8(j)), Natural Justice co-hosted a side event with the Union of Indigenous Nomadic Pastoralist Tribes of Iran and the ICCA Consortium entitled, “Recognizing and Supporting Territories and Areas Conserved by Indigenous Peoples and Local Communities”. It included a number of presentations from Indigenous peoples’ and local communities’ experiences and lessons learned with the recognition and support of ICCAs in different contexts.

Territories and areas conserved by Indigenous peoples and local communities (also known as ICCAs) are a phenomenon of global significance for the earth's biodiversity and ecosystem functions, cultural and linguistic diversity, and livelihood security. If appropriately recognized and supported, ICCAs could account for the conservation of as much land and natural resources around the world as those currently under government protected areas. Since 2003 and 2004, respectively, the International Union for Conservation of Nature (IUCN) and the CBD Programme of Work on Protected Areas (PoWPA) have stressed the need to better understand and appropriately support ICCAs. CBD Decision X/31 also calls upon Parties to recognize the role of ICCAs in biodiversity conservation, collaborative management, and the diversification of protected area governance types.

Taghi Farvar (Union of Indigenous Nomadic Pastoralist Tribes of Iran) opened the side event by providing an overview of the global phenomenon, significance, and international recognition of ICCAs. Onel Masardule (Fundación Para la Promoción del Conocimiento Indígena, Panama) described the intrinsic connections between Indigenous peoples, nature, and territories and the role of ICCAs (or locally named equivalents) as alternatives to state protected areas that provide an opportunity to reclaim control over ancestral territories, strengthen traditional authorities, and recognize rights and local priorities.

Anchalee Phonklieng (IMPECT, Thailand) illustrated customary understandings and management of sacred areas in Karen territories. Some areas and plant and animal species have strong taboos associated with them and require strict observance of ceremonies and rituals, which in turn, help stimulate the community’s commitment to taking care of these areas and species. She noted that national policies created a derogatory sense of “primitiveness”, but that her community is now more aware of the multiple values of their customary practices, including in conserving biodiversity. She also highlighted the importance of having a strong education system to pass on knowledge, practices, and beliefs to younger generations.

Thora Martina Hermann (University of Montreal) spoke about the Naskapi First Nation legend of the Caribou Heaven and the process of recognizing it as a sacred area in a new national park in Québec. The designation was proposed by the Naskapi Elders Advisory Council and the Council of the Naskapi Nation and included a recommendation that an elder always be a member of the management committee and that cultural information be included in educational materials. A number of mining projects in northern Québec as well as the proposed establishment of 15 new national parks on Indigenous territories led to the Naskapi and Cree Nations calling together for all Indigenous sacred sites to be recognized as such in national parks. She highlighted the complexity of working within multiple jurisdictional layers of protected area legislation.

Jocelyne Garrett shared the experiences of the Brokenhead Ojibwe of southern Manitoba, who wanted to protect the rare wetlands in their ancestral territory from external threats such as mining. After a process of community-based research that combined Western science and traditional knowledge and 8 years of negotiations, the area was designed an Ecological Reserve, the highest form of environmental protection in Canada. The Ojibwe still have access to sacred areas and medicinal plants, among other things, and manage the Reserve in partnership with Manitoba Model Forestry and Native Orchid Conservation. They were recently awarded $1 million to build a boardwalk in the Reserve to mitigate tourism pressure upon the sensitive wetlands. It was noted during discussion that each society has a cosmovision that gives rise to a scientific system and that equitable valuation of those systems is an essential part of respecting customary governance and management systems.

Gunn-Britt Retter (Saami Council) described the situation of the Saami in Norway, saying that respect for traditional management in the northern areas has decreased because of increasing demand for energy and resources, extraction of which is moving north due to the majority of the south being privately owned. She noted that the Saami people are literally being squeezed “from all sides”, with an increasing number of mines, state-governed protected areas, wind mills, and other developments encroaching steadily into their customary territories and rangelands. Lamenting the fact that the Saami have achieved significant recognition of cultural heritage rights, including language, but not yet secure land and resource rights, Retter emphasized that territory is the absolute foundation of Saami culture. Though discontinued and apologized for several years ago, she highlighted the state’s official Norwegianization policy as responsible for the continuing “colonization of the mind” and the general sentiment of “to be Saami is to be oppressed”. Citing lack of participation as the main reason for generally rejecting new state protected areas, the Saami Parliament may now consider establishing their own protected areas according to customary management systems. Questions remain about how to determine boundaries amidst pressure from mining companies to snap up unclaimed land.

Eloise Schnierer (Watego Legal and Consulting) described the overall legal context and intricacies of realizing Indigenous peoples’ rights in Australia, including the Native Title Act, the Torres Straight Regional Seas Claim and Blue Mud Bay Decision, and the Indigenous Protected Areas system. In contrast with the Saami experience, she noted that many Indigenous peoples now have land, but no sustainable financing mechanism to manage it or to support cultural heritage and languages. She highlighted Traditional Use of Marine Resource Agreements in the Great Barrier Reef Park and the use of community protocols in the Northern Territories as examples of ways to overcome the great differences between local knowledge and Western science conservation-focused knowledge and different values and motivations therein. She underscored the importance of land and resource rights in addition to cultural rights as the legal foundation for supporting Indigenous peoples’ ways of life.

Holly Shrumm (Natural Justice) gave the closing presentation, providing an overview of a forthcoming volume of the CBD Technical Series on recognizing and supporting ICCAs as well as of the second phase of a global legal review on provisions that support or hinder ICCAs at the national, regional, and international levels. This follows from the first phase review, which can be downloaded here.

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