Deulahudi Villagers Map Their Claim Under Forest Rights Act

Deulahudi, a small tribal village in Hrichandanpur Block of Keounjhar District n Odisha, India assembled for a participatory mapping exercise of their Community Forest Resources on 28th April 2013. The gathering was a field exercise carried out in their traditionally protected forest. The village is inhabited by the Kolha (also known as Munda or Ho) Tribe, recognized as one of the 62 Schedule Tribes in Odisha. According to village elders, the village consists of 40 households which are the descendants from 12 original families that settled in the village four generation back. The livelihood of the community is mostly based on gathering forest products.

Damburu Munda, Secretary of Forest Rights Committee of the Village, shared that while 59 individual forest rights claims were filed, only 44 titles were issued to the claimants for cultivation on forest land by district administration. They do not know the reason why the rest of the claims were not recognized.The villagers identified their Traditional Boundary with the prominent land marks and put it in the Sketch Map. They are collecting around 32 different minor forest products such as the mahua flower, mushrooms, char seed, siali and sal leaf (used as leaf plate), bamboo, tendu (fruit and leaf) within their customary boundary. The Forest Protection Committee is named after the village deity, Maa Disauli.

The issue that they now face is from the neighboring villages who trespass into their forest and cut the trees. For that they have posted some bill boards with a warning not to trespass and collect forest products and fuel wood. On 27th April there was a training programme on Forest Rights for the volunteers, members of Forest Rights Committee and Staff Members of KIRDTI who are engaged in facilitating the claim process on ground. The programme was organized by KIRDTI and Sankar Pani of Natural Justice has facilitated the training process. Sricharan Behera shared his experience of CFR claim process in Kondhamal District.

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Major CBD Publication on ICCAs

The Secretariat of the Convention on Biological Diversity (CBD)  has released a major new publication entitled “Recognising and Supporting Territories and Areas Conserved by Indigenous Peoples and Local Communities: Global Overview and National Case Studies.” The publication was coordinated and edited by Ashish Kothari of Kalpavriksh with Colleen Corrigan, Aurélie Neumann, and Natural Justice’s Harry Jonas and Holly Shrumm. Harry Jonas, Holly Shrumm and Natural Justice Fellow Eli Makaegon were lead authors for Chapters 3, 4 and 6 of the report on international recognition and support of ICCAs, national level legal recognition and support, and recommendations for recognizing and supporting ICCAs. 

From the Executive Summary, “there is increasing recognition that the territories and areas governed or managed by indigenous peoples and local communities contain significant levels of biodiversity (and related cultural diversity), and that the knowledge and practices of these people have contributed to conservation of ecosystem, species, and genetic diversity. This publication responds to the need for greater understanding on how to recognize and support the phenomenon of Indigenous Peoples’ and Local Communities’ Conserved Territories and Areas (ICCAs). Such a need has been voiced by those who work on conservation, indigenous and human rights, local communities, natural resource-based livelihoods and cultural issues. It also arises from the commitment of countries to recognize and support ICCAs, and the peoples and communities that govern them, as part of international conservation and human rights agreements.” 

The publication incorporates past studies on ICCAs and 19 national case studies commissioned as part of a project on ICCA Recognition and Support, undertaken by the ICCA Consortium, coordinated by Kalpavriksh. It also includes key findings from reviews of international and national ICCA legislation coordinated by Natural Justice. 

Download the full publication here. Reviews of national and international ICCA legislation can be found here. 

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LED Lab Mapping in Sariska Tiger Reserve

The team from the Law, Environment and Design (LED) Lab, a new partnership between Natural Justice and the Srishti School of Art, Design and Technology, visited three villages in the core area of the Sariska Tiger Reserve to begin a resource mapping process with the Gujjar community. The team was accompanied by KRAPAVIS, a local NGO. The team worked with the community on a cognitive mapping exercise where different groups gathered to fill the chart paper with their understanding of the space they lived in. These cognitive maps became an effective tool to document the injustices caused by the denial of their rights to access the forest after its declaration as a tiger reserve. The LED Lab team conducted meetings with the Gram Sabha in each village to understand the status of implementation of the Forest Rights Act, 2006 and through this determined that knowledge of the Act was limited. The design students accordingly decided to develop a graphic novel that chronicles the different provisions of the Act and describes its interaction with potentially conflicting laws like the Wildlife Protection Act, 1972. The team also visited relocated villages where communities are still struggling with the dramatic transition and heard of the lack of community consultation through the relocation process. The LED team will now work towards creating a simple relocation chart that will detail options available along with experiences and challenges faced by other villages. 

Read more about the visit to Sariska Tiger Reserve here. Learn more about the LED Lab here.

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BIOPAMA Regional Workshop - Eastern & Southern Africa

Via www.iucn.org

From 4-6 December, 2012, Gino Cocchiaro of Natural Justice attended the regional workshop for southern and eastern Africa on the Biodiversity and Protected Areas Management (BIOPAMA) programme in Johannesburg, South Africa. The workshop provided a forum for participants and stakeholders from protected areas, governments and civil society to support the planning of BIOPAMA, which is funded by the European Union and implemented by the International Union for Conservation of Nature, the European Commission Joint Research Centre, and the Access and Benefit Sharing Capacity Development Initiative (ABS Initiative). 

Gino and Suhel al-Janabi (ABS Initiative) presented on ABS case studies, including a discussion on how the Traditional Health Practitioners of Bushbuckridge are using their biocultural community protocol to work towards a potential ABS agreement with a cosmetics company. Other sessions included presentations and discussion on regional reference information systems, refining and addressing capacity development needs, and the drafting of an action plan for the regional implementation of BIOPAMA including the identification of priority activities, identification of key national and regional stakeholders, and agreed processes for collecting data and information. 

Learn more about BIOPAMA at its website here and through its introductory brochure in English, Spanish and French.

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Recognising Sacred Sites Could Double Conserved Area

Via www.cifor.org

As attendees of the 11th Conference of Parties (COP 11) to the Convention on Biological Diversity (CBD) discussed how conserved areas can be increased from 12 to 17 percent of the earth's land to meet target 11 of the Aichi Biodiversity Targets by the 2020 deadline, some representatives argued that recognising lands sacred to indigenous communities could double the amount of protected land worldwide. Granting this status to areas conserved by indigenous communities would not only improve the conservation of land with immense biodiversity, it will also strengthen communities and help to keep them intact according to a recent blog post by the Centre for International Forestry Research (CIFOR). 

The blog post cites the director of Natural Justice partner MELCA, Million Belay, who also feels that this recognition will strengthen and legitimise traditional knowledge. Bas Vershuuren, co-chair of the IUCN specialist group on cultural and spiritual values of protected areas and also a Natural Justice partner, said that through the recognition of sacred sites, conservation can be decentralised as opposed to the way it is currently practiced. 

Read the full blog post here. 

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Overview of Key CBD COP11 Outcomes

Kabir Bavikatte (left) and Holly Shrumm (Natural Justice)

discussing key issues in the negotiations towards a plan

of action on customary sustainable use. Photo via IISD-RS.

Natural Justice was recently in India for the 11th Conference of the Parties (COP11) to the Convention on Biological Diversity (CBD), which took place from 8-19 October in Hyderabad. In addition to a range of events and meetings, we actively participated in the negotiations, with particular emphasis on the draft decisions on Article 8(j) and Related Provisions, Sustainable Use of Biodiversity, and Protected Areas. Other key agenda items for which we provided technical guidance and coordination assistance through the CBD Alliance and ICCA Consortium included: Monitoring Progress on the Implementation of the Strategic Plan and Aichi Biodiversity Targets; Review of the Programme of Work on Island Biodiversity; Ecosystem Restoration; Marine and Coastal Biodiversity; Biodiversity and Climate Change; Biodiversity for Poverty Eradication and Development; Biological Diversity of Inland Water Ecosystems; Forest Biodiversity; and Agricultural Biodiversity.

The overriding emphasis of the negotiations was on setting the foundations for resource mobilisation and policy alignment for implementation of the 2011-2020 Strategic Plan and Aichi Biodiversity Targets. Amongst the 33 decisions adopted, there were many provisions of direct relevance to the work of Natural Justice and our partners.

A selection of relevant provisions include (in numerical order):

• Decision XI/1 (Status of the Nagoya Protocol on Access and Benefit Sharing): Parties to undertake and provide support for capacity building initiatives, including participation of Indigenous peoples and local communities in legal, policy and decision-making processes, and the development of community protocols;
• Decision XI/2 (Review of Progress in Implementation of National Biodiversity Strategies and Action Plans): Parties to include all stakeholders, including Indigenous peoples and local communities, in planning and implementing national biodiversity strategies and action plans;
• Decision XI/7 (Business and Biodiversity): Parties to help businesses assess and effectively address their impacts on biodiversity and on Indigenous peoples and local communities;
• Decision XI/14 (Article 8(j) and Related Provisions): under the section on progress in implementation, Parties to include in requests to the Global Environment Facility and Small Grants Programme and other donors support for Indigenous peoples and local communities to organise themselves, to develop community plans and protocols, to document, map and register their ICCAs, and to prepare and implement their community conservation plans; and to provide support to countries to strengthen recognition of ICCAs; 
• Decision XI/14 (Article 8(j) and Related Provisions): under the section on Article 10 and 10(c) as a major component of the programme of work, Parties decided that the three initial tasks for the new work on Article 10 and 10(c) are to incorporate customary sustainable use practices or policy into national biodiversity strategies and action plans; to promote and strengthen community-based initiatives; and to identify best practices to promote the full and effective participation of Indigenous peoples and local communities in the establishment, expansion, governance, and management of protected areas, to encourage the application of traditional knowledge and customary sustainable use in protected areas, and to promote the use of community protocols to affirm and promote customary sustainable use in protected areas;
• Decision XI/14 (Article 8(j) and Related Provisions): under the section on recommendations from the Permanent Forum on Indigenous Issues, Parties to further consider adopting the phrase "indigenous peoples and local communities" (instead of "indigenous and local communities") at the next Working Group on Article 8(j) and at COP12 in 2014;
• Decision XI/16 (Ecosystem Restoration): Parties to promote the full and effective participation of Indigenous peoples and local communities and the use of traditional knowledge and practices in appropriate ecosystem restoration activities;
• Decision XI/17 (Marine and Coastal Biodiversity: EBSAs): Parties to also use traditional knowledge and social and cultural information to help describe and identify ecologically or biologically significant marine areas;
• Decision XI/21 (Other Matters Related to Biodiversity and Climate Change): Parties to take into account traditional knowledge, innovations and practices when addressing the impacts of climate change;
• Decision XI/22 (Biodiversity for Poverty Eradication and Development): Parties to protect and encourage the customary use of biological resources and to promote biodiversity and development projects that empower women and Indigenous peoples and local communities; an Expert Group on the same topic will, among other things, develop a conceptual framework and guidance on how to assess the role of collective action and the efforts of Indigenous peoples and local communities in conservation, stewardship, and sustainable management of biodiversity and natural renewable resources, including exploring the role of non-market-based approaches;
• Decision XI/24 (Protected Areas): Parties to strengthen recognition of and support for community-based approaches to in situ conservation and sustainable use, including Indigenous peoples' and community conserved territories and areas (ICCAs), and support the development of local and international registries of ICCAs; to direct benefits arising from the use of genetic resources to enhance management and establishment of protected areas and share benefits with Indigenous peoples and local communities; and
• Decision XI/25 (Sustainable Use): Parties to build and strengthen capacities of Indigenous peoples and local communities to exercise rights and responsibilities to sustainably manage wildlife resources.

Further Information

The advance unedited version of all COP11 decisions is now available online. Daily coverage and a detailed summary report of the negotiations are available online courtesy of the International Institute for Sustainable Development Reporting Services (IISD-RS). The CBD Alliance and CBD Secretariat published the latest issue of their joint newsletter, [square brackets], for the beginning of COP11 and the issues remain relevant.

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UNEP Protected Planet Report

The United Nations Environment Programme's World Conservation Monitoring Center (UNEP-WCMC) has released its first ever "Protected Planet Report." The report seeks to track global progress towards achieving Target 11 of the Convention on Biological Diversity’s (CBD) Aichi Biodiversity Targets. The report was compiled by UNEP-WCMC, the International Union for Conservation of Nature's World Commission on Protected Areas and a wide range of organisations that build on the work of the CBD-mandated Biodiversity Indicators Partnership.

The report, which will now be released semi-annually, notes that while the protected area network is growing towards achieving targets in terms of area covered, many protected areas do not offer adequate protection for endangered species. The report also reveals that protected area management is changing dramatically around the world. According to Nature's write up of the report, "in 1990, just 14% of protected areas allowed hunting and other sustainable uses of natural resources, but today that number has risen to 32%. At the same time, the amount of area managed exclusively by governments has declined from 96% to 77%, a trend reflecting the rise of community-based conservation and co-management schemes with indigenous peoples."

Nature's story on the report can be accessed here. IUCN's description of the report can be found here. The report can be downloaded here. 

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IUCN Journal on PAs and Conservation Re-Launched

The International Union for Conservation of Nature (IUCN) has released the first edition of its re-launched PARKS: The International Journal of Protected Areas and Conservation. The journal includes contributions on a wide range of subjects important to protected areas and conservation including ocean protection, protecting indigenous grasslands in New Zealand, the impact of veterinary fencing in southern Africa, the linkages between human health and well-being and protected areas in Canada, and a discussion of motivations for hunting in Iran. The journal was co-edited by Sue Stolton and Nigel Dudley of IUCN’s World Commission on Protected Areas (WCPA) and Equilibrium Research. 

Two articles consider Target 11 of the Aichi Biodiversity Targets, which references "other effective area-based conservation measures", which can include Indigenous peoples' and local community conserved territories and areas (ICCAs). An editorial by Nik Lopoukhine, Chair of the IUCN WCPA, and Braulio Ferreira de Souza Dias, Executive Secretary of the Convention on Biological Diversity, seeks clarity on which “management approaches are, and are not, to be included within the land and water areas established under the auspices of the target.” “Meeting Aichi Target 11: What Does Success Look Like for Protected Area Systems?” is authored by several  IUCN and United Nations Environment Programme staff and argues for “a holistic interpretation of Target 11 as a way for the global community to use protected areas to change the current unacceptable trends in global biodiversity loss.” 

The full journal can be downloaded here. Information on the journal and links to individual articles can be found here. Find IUCN on Facebook here and on Twitter at @IUCN. 

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Gujjar Community Consultation in Sariska Tiger Reserve

Natural Justice’s Arpitha Kodiveri and Sankar Pani attended a two-day workshop organised by Krishi Avam Paristhitiki Vikas Sansthan (KRAPAVIS) in Alwar, Rajasthan from 9-10 September, 2012. The workshop sought to understand the challenges faced by the Gujjar community after the declaration of the Sariska Tiger Reserve in Rajasthan. Arpitha and Sankar presented on the concept of Biocultural Community Protocols and how a protocol might be relevant in the Sariska context. They were also involved in the consultation of community leaders from the 11 effected villages located in the core area, seeking to understand the grounds and process for the proposed relocation to surrounding areas and developing strategies for securing rights under the Forest Rights Act, 2006.

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National Consultation on Protected Areas & Forest Rights

Sankar Pani of Natural Justice participated in a National Consultation on the Protected Areas and Forest Rights Act (FRA) on 12-13 August, 2012, in New Delhi. The consultation was organised by the Future of Conservation Network (FoC), a network of ecological and social organizations and individuals committed to the effective and equitable conservation of biodiversity. FoC's objective is to foster dialogue and engagement in complex conservation issues, and to help tackle increasing threats to both biodiversity and livelihoods. 

The basic objective of the consultation was to discuss the issues relating to poor, improper, and/or non-implementation of the FRA in protected areas such as Sanctuaries, National Parks and Tiger Reserves. Many participants suggested that the Nodal Ministry should appoint an independent committee to review the implementation of the FRA in protected areas. They also emphasised that until the recognition process is completed no person should be evicted or relocated from their existing occupation and residence. 

Other issues which surfaced during the consultation included: 

• Limited recognition of community rights under the FRA in protected areas, BRT sanctuary in Karnataka is an isolated case where the community rights of Soliga tribes have been recognised; 

• While the claims are pending before appropriate authorities, the relocation process for Tiger Reserves are also continuing which is a violation of the FRA’s guarantees of people’s rights over forest land to be protected until a rights recognition process is completed; 

• The Critical Tiger Habitat guideline needs to be compliant to FRA; 

• The Critical Wildlife Habitat Protocol which was put in place in 2007 and its replacement draft protocol put in place in 2011 ignore many vital objectives of the FRA under which the protocol is in place; 

• In states like Gujurat, the implementation of the FRA in Scheduled Areas and not in Non-Scheduled Areas is a matter of great concern; 

• Communities other than Scheduled Tribes and pastoralist communities have not had their rights respected under the FRA; 

• Alternative land has not been made available for relocation despite the official policy to do so; 

• Government agencies have not raised awareness on the FRA amongst communities in Pas and activists and NGOs have been prevented from working in the area; 

• The habitat rights of Preemptive Tribal Groups (PTGs) have not been recognized to date nor has there been any clarification in this regard from the Nodal Ministry; 

• In Maharashtra, communities’s ability to transit through and produce non-timber forest products has been restricted in the buffer zone of the Tadoba Tiger Reserve. Some people have been blocked from their own villages through new gates and regulations.

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