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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Collective Statement of Khoe Tribal Groupings

On the occasion of the International Day of the World's Indigenous Peoples, representatives of the Griqua National Forum, the Khoi Heritage and Development Council, the Indigenous Peoples of Africa Coordinating Committee (IPACC) and Natural Justice released a collective statement. The statement recognises the historic denial of rights and degradation of Khoe and San culture experienced under colonialism and Apartheid. It notes the continued lack of formal recognition of Khoe and San customary communities and leadership post-Apartheid. 

The declaration closes by embracing the recommendations of Professor Rodolfo Stavenhagen, the former UN Special Rapporteur on Indigenous Peoples’ Rights, which include: 

• Indigenous communities should be recognized as such constitutionally in parity with the speakers of the 11 official languages; 
•  National framework legislation, as recommended in the Status Quo reports should be promptly enacted with the full participation of the indigenous communities; 
• In the case of indigenous communities that were dispossessed of their lands during colonial era and discriminatory legislation or practice before the Native Land Act of 1913 positive legal and judicial action should be undertaken to enable these communities and legitimate claims for restitution within a wider perspective of human rights and transitional justice. Likewise the government is urged to provide the necessary resources and technical cooperation to these indigenous communities, enabling them to file claims; 
• Official socio- economic statistics should be disaggregated to specify indigenous communities and special poverty relief and social services delivery programs should be designed to target indigenous communities within South Africa’s efforts to meet their Millennium Development Goals.  

The full declaration can be downloaded here. Other community declarations can be found here.

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Natural Justice is Seeking Volunteer Interns in New York

Natural Justice: Lawyers for Communities and the Environment is an international team of lawyers and legal experts. We engage with environmental, human rights and cultural heritage law to support Indigenous peoples and local communities, and provide technical advice to governments and intergovernmental organisations to secure environmental and social justice. Natural Justice currently works in Africa, Asia and Latin America, and has offices in South Africa, Malaysia, and India. In order to facilitate its work in North, Central and South America and the Caribbean, Natural Justice is setting up a new office in New York City.

In the medium term, the New York office will have three core functions. First, it will aim to feed the experiences of Natural Justice's community work in Africa, Asia and Latin America into relevant UN and other North America-based intergovernmental and other processes. Second, it will function as the regional hub for our emerging work in the Americas. Third, it aims to become engaged in fundraising and outreach for the broader Natural Justice network.

Natural Justice is currently looking for volunteer interns to support the functions of the newly emerging New York office. Specific tasks will include: supporting Natural Justice in assisting Indigenous peoples and local communities, community-based organizations and NGOs in the Americas; supporting the development, adaptation and translation of legal empowerment materials; researching and following up with fundraising opportunities; participating in and providing technical input into New York-based processes such as the UN Permanent Forum on Indigenous Issues; and supporting the administrative and logistical aspects of setting up a Natural Justice office in New York.

The following attributes and skills are considered beneficial: 

• A desire to be part of setting up something new in New York and to face the challenges that come with it;
• A keen interest in advancing the rights of Indigenous peoples and tribal and traditional communities to govern their territories, waters and natural resources;
• A law degree, being currently enrolled in law school or having significant qualifications or expertise in human rights, environment and/or land law and related institutional arrangements; 
• Experience working with communities and/or civil society organizations on related issues; 
• Analytical skills coupled with an ability to, on the one hand, engage with government agencies and, on the other, organize local meetings and present otherwise complex issues in a simplified yet comprehensive manner; 
• Fluency in Spanish with the ability to engage in research, draft reports and legal documents; and
• A willingness to meet regularly and work from home. 

Natural Justice is a close knit and nurturing collective that places a high premium in facilitating opportunities for the professional and personal growth of its staff and volunteers. We will offer the individual a chance to work with a passionate and highly professional global team and gain valuable international experience. 

If this is of interest to you, please send an email to Johanna(at)naturaljustice.org, including a CV and letter of interest. 

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Joint Submission on Programme of Work on Article 8(j)

The Forest Peoples Programme, Natural Justice and 24 other Indigenous peoples’ and community-based organisations and supporting NGOs made a joint submission to the Secretariat of the Convention on Biological Diversity (CBD) concerning the further development of the Plan of Action for customary sustainable use as a new major component of the revised Programme of Work on Article 8(j) and Related Provisions. The submission suggests that the new component addresses secure land, resource and tenure rights as a fundamental condition for effective customary sustainable use of biological resources.

Overall, the submission states that the draft Plan of Action should encourage Parties to the CBD to: 

• Take necessary measures to secure indigenous peoples’ and local communities’ territories and land, resource and tenure rights; 
• Promote and support stewardship, governance and management by indigenous peoples and local communities; 
• Ensure that laws, policies, and decision-making processes at all levels appropriately recognize and respect customary laws, institutions, worldviews, resource management practices, and traditional knowledge, languages, educational systems, and occupations; 
• Review, revise, enact, and implement laws and policies at all levels in accordance with the ecosystem approach and with the full and effective participation and free, prior and informed consent of indigenous peoples and local communities; and
• Respect and apply the right of free, prior informed consent of indigenous peoples and local communities in all actions that may affect their territories, lands and waters (including and inland, coastal and marine).

The joint submission is available for download here. Other legal submissions compiled by Natural Justice and its partners can be found here.

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New Report Critical of Biofuels

Science Magazine reports that the German National Academy of Sciences has issued a negative report on biofuels, suggesting they are not sustainable. The report, drafted by a panel of more than 20 experts from various disciplines ultimately concludes that “biofuels use more land area, generate more greenhouse gas emissions, and have a greater impact on the environment than other alternative energy sources such as photovoltaic solar energy, solar thermal energy, or wind power.” In addition, biofuels and food crops compete for land. 

The report can be accessed here. The summary by Science Magazine can be found here.

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IACHR Victory for Sarayaku Community

Sarayaku President José Gualinga via amnesty.org

Indigenous peoples claimed a major victory when the Inter-American Court on Human Rights ruled in favour of the Sarayaku community of Ecuador in Sarayaku v Ecuador. The ruling is the culmination of a decade long process by the community and their legal representatives, Mario Melo and the Centre for Justice and International Law. 

The case was launched when the Ecuadorian government decided to allow a foreign oil company to encroach upon the land of the Sarayaku community without permission from the community. The court found that the government had violated the community’s right to consultation, to their property and cultural identity, and to their safety as the company had placed over 1,400 kg of explosives in their territory. 

Sarayaku leader José Gualinga said, “the Sarayaku are extremely satisfied with this victory, reached thanks to the efforts of our people and the help and solidarity of organizations devoted to the rights of Indigenous Peoples”. Fernanda Doz Costa of Amnesty International said “this sentence will have a far-reaching effect on countries across the region – it makes it crystal clear that states bear a responsibility to carry out special consultation processes before engaging in development projects affecting Indigenous Peoples and their rights.” 

Read more about the case here.

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REDD+ Readiness Workshop in Sabah

From 31 July to 1 August, Holly Shrumm (Natural Justice) participated in a workshop on Malaysia's emerging national institutional framework for Reducing Emissions from Deforestation and Forest Degradation in Developing Countries (REDD+). The meeting, held in Kota Kinabalu, Sabah, was part of a three-year "REDD+ Readiness" joint project between the United Nations Development Programme and the federal Ministry of Natural Resources and the Environment (NRE).

The workshop included presentations on the following topics:

• "Introduction to REDD" by Dr. Elizabeth Philip, head of REDD+ Unit, NRE;
• "Sabah REDD+ Preparedness Roadmap" by Fred Kugan, Sabah Forestry Department;
• "Draft Recommendations for Institutional Framework" by Lee Kian Foh, project consultant; and
• "Free, Prior and Informed Consent within REDD+" by Maximilian Conrad, REDD+ Unit, NRE.

The workshop also included breakout groups and subsequent plenary discussions on social and environmental safeguards, financing and sharing of benefits, and measuring, reporting and verification. Natural Justice participated in the safeguards group alongside local organisations such as Partners of Community Organisations (PACOS) Trust and Jaringan Orang Asal SeMalaysia (JOAS), the Indigenous Peoples Network of Malaysia.

More information, news and analysis of REDD+ is available at: www.redd-monitor.org.

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