Arbitrary and abusive use of power against the Pandumaan-Sipituhuta Indigenous People in North Sumatra, Indonesia

The Pandumaan-Sipituhuta Indigenous People depend on benzoin forests for their livelihoods. Since 2009 the Toba Pulp Lestari company (TPL) has been clearing the community’s forest under a concession that disregards their ancestral claim to the forests.

Peaceful resistance to the destruction of the forests
(via: https://vimeo.com/60945115) 

The community has used non-violent methods of resistance against company attempts to destroy their forests and their livelihoods and yet the communities have been repeatedly criminalised.

Between 25-26 February, 31 community members were arrested after 250 residents went to protect the benzoin forests from renewed clearing. Fifteen have since been released, 16 remain in prison in Medan.

The Pandumaan-Sipituhuta demand:

• Release all arrested community members and drop the charges against them;
• Police protection and service to the people not TPL company;
• Halt to any further plantation expansion on their lands;
• Recognition of their customary land and removing it from the concession given to Toba Pulp Lestari.

Watch this video for more detail.

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Side Event on Proposed EU ABS Regulations

Via abs-initiative.info

On 28 February 2013, the ABS Capacity Development Initiative held a side event on the draft EU ABS regulations during the 7th Pan-African Access and Benefit Sharing (ABS) workshop in Phalaborwa, South Africa. The draft regulations were presented by Soren Jensen of the ABS focal point at the Danish Ministry of the Environment. 

With regard to the process of adoption, he recalled that the draft regulation was published on the 4 October 2012 by the European Council. The draft is being discussed in the EC but the European Parliament will have the final say. A council of ministers is scheduled for 21 March 2013. He further outlined the definitions, scope and objectives of the draft regulations. The objective of the regulations is to implement the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity in the EU and to enable it to ratify Protocol.


Mr Jensen mentioned that the proposed regulations set out obligations for users of genetic resources and traditional knowledge (TK) associated with genetic resources in the EU. They would oblige all users to exercise due diligence to ascertain that genetic resources and TK associated with genetic resources used were accessed in accordance with applicable legal requirements and that, where relevant, benefits are fairly and equitable shared upon mutually agreed terms. To that end, all users would need to seek, keep and transfer to subsequent users certain information relevant for ABS. The proposal sets out minimum features of due diligence measures. Per Mr Jensen, the EU draft regulations also foresee a system of EU-trusted collections that would substantially lower the risk that illegally acquired genetic resources are used in the EU.

In the responses from participants, some stated that African countries should be extremely vigilant in accepting the use of resources because this provision shifts the burden of compliance to Collections. Participants were also of the view that the notion of “due diligence” in the draft should be clarified. They were also concerned by the fact that misappropriation of TK is not considered an offence in the draft regulations. Furthermore, participants were also concerned that the only TK that is protected under the draft regulation is TK included in Mutually Agreed Terms (MAT). They argued that it is worrying that this excludes a whole range of TK that has not been covered in the relevant MAT contracts.

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FAO Report: Biofuels and the Sustainability Challenge

Via the International Institute for Sustainable Development (IISD), the UN Food and Agricultural Organisation has released a new report entitled “Biofuels and the Sustainability Challenge.”

From the summary by IISD, the report “addresses the issue of biofuel sustainability based on a global assessment of major commodities and feedstocks. The report is guided by the need to understand the economic, environmental and social sustainability dimensions of biofuels, and how these elements can be used to address the challenges of land-use change, food security and climate change. The report evaluates the role of biofuel certification schemes in promoting sustainability. It relies on a survey of a large number of country case studies, as well as analyses of trends in crop policies, production and markets. The report questions whether certification schemes are adequate to assure sustainability.” 

Find IISD’s summary of the report here. Download the report here.

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Submission to UN Working Group on Human Rights and Transnational Corporations and Other Business Enterprises

On 1 March 2013, Natural Justice with the Centre for Indigenous Knowledge and Organisational Development (CIKOD) made a further submission to the United Nations Working Group on Human Rights and Transnational Corporations and Other Business Enterprises regarding indigenous peoples, business and human rights.

The submission was in response to a concept and discussion note prepared by the Working Group, given its decision to submit a thematic report to the 68th session of the General Assembly that will focus on the situation of indigenous peoples with regard to the prevention of negative impacts of business activities on the rights of indigenous peoples.

Public consultations were held on 14 February 2013 in Geneva and these, and other, submissions addressed the following focus questions:

1. Focus: What specific issues and challenges should the Working Group take into account in drafting this report? 
2. Existing guidance and standards: What existing standards and documents should the Working Group take into account in drafting this report? 
3. Existing practices and initiatives: What existing practices and initiatives should the Working Group take into account in drafting this report?
4. What focused insight can the Working Group bring to the issue of business impacts on indigenous peoples, given the role and thematic scope of other UN bodies on the rights of indigenous peoples? 
5. The submissions included case studies on gold mining in Tanchara, Ghana and Lamu, Kenya. 

This, and other submissions, are available here.

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ABS Initiative Team Meeting

From 4-5 March 2013, the ABS Capacity Development Initiative held a team meeting in Phalaborwa, South Africa following the 7th Pan-African ABS Workshop attended by Lassana Kone and Gino Cocchiaro of Natural Justice. The objectives of the meeting were to identify new thematic areas and to provide support to specific countries in the development and implementation of ABS regulations. The team agreed to support the establishment of the argan value chain in Morocco. Ratification, overall ABS strategy, regulatory framework, institutional arrangements, value chain development, dealing with Traditional Knowledge (TK), transboundary issues and stakeholder involvement were among the themes discussed. In terms of the existing tools, the team agreed to raise awareness for national researchers, but also to develop new standardised tools. Tools like biocultural community protocols (BCPs) will be use for the Training of Trainers at the local level and provide legal and commercial advice on Mutually Agreed Terms (MAT) and Prior Informed Consent (PIC). 

With regard to BCPs, a thematic group discussed the way forward and stressed the need to target BCPs in the context of ABS and integrate the work on value chains and biotrade with BCPs, with a specific emphasis on dialogue and business potential for genetic resources. The group further discussed the value of BCPs in cases where many communities share a resource, like the Shea in Ghana or Argan in Morocco. In this case it is not possible to involve only one community but a whole range of community. The Multi-Stakeholder Process (MSP) could be a tool to bring every community under the same umbrella. The group agreed that the next generation of BCPs should strengthen the notion of co-users of resources and use MSPs to secure the use of resources, facilitate and introduce community involvement in regulation, outline how can focal points support BCPs or similar procedures, and support legislation/regulation development. 

Regarding the draft AU guidelines on ABS, Natural Justice agreed to produce an annex to the Guidelines on good principles for community involvement.

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Thematic Session on BCPs

During the 7th Pan-African Access and Benefit Sharing (ABS) workshop in Phalaborwa, South Africa, six thematic sessions were offered in French and English on 28 February 2013. Participants had the choice to participate in four sessions: interface protected areas and ABS; business models, benefit sharing, and the interface between biotrade and ABS; simplified access for basic research; compliance in Africa; biocultural community protocols (BCPs); and Interface ITPGRFA and the Nagoya Protocol. 

Gino Cocchiaro and Lassana Koné of Natural Justice and Barbara Lassen of the ABS Initiative facilitated the session on BCPs. A presentation was made on BCPs highlighting some practical examples followed by a showing of the BCP film and an engaging discussion. 

Participants attending the BCP sessions agreed that the process of developing a BCP is critical for the self determination of Indigenous and Local Communities (ILCs) and also for the self-management of their genetic resources. Participants also mentioned that similar experiences of instruments have been developed by local communities for many years with different terminology. 

One of the questions which come out of the reflection was the recognition of BCPs as a binding instrument in the international regime. Although it would be ideal for African states to ratify the Nagoya Protocol or adopt ABS regulation at the local level, Natural Justice emphasised the role of BCPs in recalling the commitments of state parties expressed through the ratification of many others substantive international treaties pertaining to the preservation of nature and natural resources and the promotion of socioeconomic and cultural rights. 

Participants were of the view that users and providers of genetic resources are not always fundamentally opposed but their visions need to be harmonised. BCPs offer an avenue for this. Participants were also concerned about the sustainability of BCPs. Natural Justice described BCPs an evolving processes that adapt to the need expressed by a specific community at a particular time depending on the circumstances. Participants also urged Natural Justice to strengthen its work in Francophone Africa. 

In reporting back to the plenary on 1 March 2013, Natural Justice recommended that BCPs be expressly mentioned in the draft AU Guidelines on ABS.

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Submission to the UN Global Compact on Practice Note on FPIC

On 1 March 2013 Natural Justice submitted a letter to the United Nations Global Compact, commenting on their Draft Practice Note on Free, Prior and Informed Consent (the draft practice note can be found here). The concept note aims to identify key issues that companies should consider in appropriate engagements with indigenous peoples.

Natural Justice’s submission sought to clarify elements of the draft practice note, bringing it into line with international human rights and environmental legal principles found in instruments such as the Declaration on the Rights on Indigenous Peoples, the Convention on Biological Diversity, the Nagoya Protocol and the UN Guiding Principles on Business and Human Rights as well as the work of the Special Rapporteur on the Rights of Indigenous Peoples, the Special Rapporteur on Extreme Poverty and Human Rights, the Permanent Forum on Indigenous Issues and the Expert Mechanism on the Rights of Indigenous Peoples and international jurisprudence such as the Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v Kenya and Saramaka v. Suriname.

Global Compact was urged to:
1. Amend its practice note to reflect international standards, by specifying the obligations of states to respect the rights of indigenous peoples to free prior and informed consent with respect to projects and decisions that are likely to affect them;
2. Amend its practice note to reflect a company’s obligation to apply and respect internationally recognized human rights (such as the Declaration on the Rights of Indigenous Peoples), and to honour these rights where there are conflicts with domestic laws.

This and other submissions are available here.

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