New TWN Book on Nagoya Protocol Negotiations

The Third World Network (TWN) has released the second edition of "The Road to an Anti-Biopiracy Agreement: The Negotiations Under the United Nations Convention on Biological Diversity". Comprised of a series of reports and articles, the book provides detailed descriptions and analyses of the 14 sets of negotiations since 2004 that led to the adoption of the Nagoya Protocol on Access and Benefit Sharing in 2010. It also provides initial analysis of the potential of the Nagoya Protocol to stop and prevent biopiracy of biological resources and traditional knowledge and to contribute to the fair and equitable sharing of benefits and the conservation and sustainable use of biodiversity.

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UNFCCC Meetings & Event on REDD Safeguards

The United Nations Framework Convention on Climate Change (UNFCCC) recently held parallel meetings in Bonn, Germany. The 34th sessions of the Subsidiary Body for Implementation (SBI) and the Subsidiary Body for Scientific and Technological Advice (SBSTA) took place from 6-16 June. The second part of the fourteenth session of the Ad Hoc Working Group on Long-term Cooperative Action (AWG-LCA) and the second part of the sixteenth session of the Ad Hoc Working Group on the Kyoto Protocol (AWG-KP) took place from 7-17 June.

On 7 June, Ecuador and the United Nations Collaborative Programme on Reducing Emission from Deforestation and Forest Degradation (UN-REDD) held a joint side event about some of the key concepts and tools being developed to address safeguards in REDD+ implementation. An press release on the side event states, "The Agreement on REDD+ now recognizes the need to 'promote and support' safeguards and requests parties to develop a 'system for providing information on how safeguards are being addressed and respected'. Safeguards include critical issues such as forest governance, respect for the knowledge and rights of Indigenous Peoples and members of local communities and actions that are consistent with conservation of natural forests and biological diversity." Presentations at the side event included the UN-REDD Programme on its approaches and various sets of guidelines; the Climate Community and Biodiversity Alliance (CCBA) on its Social and Environmental Standards Initiative; TEBTEBBA on the importance of addressing Indigenous peoples' land tenure; and Ecuador and Vietnam on their experiences with addressing safeguards in their respective national contexts.

More information about the side event and its presentations can be accessed here. Daily reports and analysis of the UNFCCC negotations are provided by IISD Reporting Services.

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New Publication on Development & Customary Law

The International Work Group on Indigenous Affairs (IWGIA) recently released an issue of "Indigenous Affairs". Edited by Jens Dahl and Geneviève Rose, it includes a range of articles on different aspects of customary law, self-determination, and development among Indigenous peoples in Kenya, Sabah (Malaysia), India, Bolivia, and Russia. The editorial explores the importance of customary law for Indigenous peoples' self-determined development, self-governance, control and management of their territories, and addressing internal challenges such as conflict resolution and women’s rights. The full issue can be downloaded here.

Thanks to Elsa from the TK Bulletin for the link!

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CBD Meeting on Sustainable Use Held in Montreal

The Secretariat of the Convention on Biological Diversity (CBD) hosted a meeting from 31 May to 3 June in Montreal on the sustainable use of biological diversity, with particular focus on customary sustainable use (i.e. Article 10(c)). Participants agreed on recommendations regarding elements of a strategy to integrate Article 10(c) as a cross-cutting issue into the CBD work programmes and thematic areas, beginning with the programme of work on protected areas, as well as recommendations on: developing further guidance on sustainable use and related incentive measures for Indigenous peoples and local communities; and considering measures to increase the engagement of Indigenous peoples and local communities and governments at the national and local levels in the implementation of Article 10 and the ecosystem approach. They also focused on how to operationalize the three indicators adopted for traditional knowledge: status and trends of linguistic diversity and numbers of speakers of Indigenous languages; status and trends in land-use change and land tenure in the traditional territories of Indigenous peoples and local communities; and status and trends in the practice of traditional occupations. The advice and recommendations developed at the meeting will be submitted to the seventh meeting of the CBD Working Group on Article 8(j) this November, as well as to the 11th Conference of the Parties (October 2012).

Meeting documents, including the agenda and information on indicators, can be found here. More information about the meeting can be viewed on the Traditional Knowledge Information Portal. Thanks to Elsa from the TK Bulletin for the links and description!

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Viewing People and Parks through a New Lens

From 18-19 June, Natural Justice attended a seminar on biocultural diversity and conservation in Sabah, Malaysia. It was the second of three seminars and part of an interactive course designed by the Global Diversity Foundation (GDF) and funded by the Darwin Initiative UK. The first seminar, "Reframing Our Ecology: Concepts and Debates for Research and Advocacy in Human-Environment Relationships", took place in April.

This second seminar was facilitated by Dr. Tania Li (Department of Anthropology, University of Toronto) and Dr. Richie Howitt (Department of Geography and Environment, Macquarie University). Drawing on critical academic literature, Dr. Li and Dr. Howitt guided participants through discussions of contemporary issues concerning people and parks (particularly areas of contention), scale and institutions, and intercultural environmental governance. Online discussions of additional readings will continue ahead of the third seminar in October.

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Discussing Community Conserved Areas in Sabah

On 16 June, a back-to-back roundtable and panel session on community conservation initiatives was held at the International Symposium on Society and Resource Management (ISSRM) in Kota Kinabalu, Sabah. The roundtable focused on Model Ecologically Sustainable Community Conservation and Tourism (MESCOT), a community-based initiative comprising four villages in Sabah's Lower Kinabatangan Floodplain that includes home stays, a rainforest eco-camp, wildlife tours, lake and forest restoration, and cultural shows. Founded on pioneering agreements with the Sabah Forestry Department and since supported by the NGO LEAP, MESCOT exemplifies the potential for constructive collaboration between communities, government, and civil society. While there are many challenges in working with communities, for example, moving according to local timelines, priorities, and leadership structures, it was noted that ensuring conservation across landscapes necessitates dialogue and collaboration with communities who live in those areas. The roundtable was moderated by Jannie Lasimbang (Malaysian Human Rights Commission) and included Rosli Jukrana (MESCOT), Datuk Sam Mannan (Director of Sabah Forestry Department), Cynthia Ong (LEAP), and Anne Lasimbang (PACOS).

The follow-up panel explored the broader concept of Indigenous Peoples' and Community Conserved Areas (ICCAs) and their practical role in the conservation of biological and cultural diversity. Holly Shrumm (Natural Justice) provided an overview of international protected area policy and trends relating to recognition of and support for community conservation initiatives. Sweta Mishra (Concern WorldWide-India) described the legal recognition of forest-dwelling communities in India’s Forest Rights Act 2006, which, despite barriers to local implementation, represents a significant shift towards community-based management and sustainable use of forests. Justine Vaz presented a recent study about ICCAs’ potential to connect vital protected areas in Sabah through the involvement of local Indigenous communities. The study highlights opportunities within existing legal and policy frameworks to build community capacity to contribute to conservation alongside government, civil society, and the private sector. Gary Martin (Global Diversity Foundation) also discussed examples of ICCAs in Mexico, noting that certain types of recognition and support may actually undermine community conservation initiatives and solidarity.

Thanks to everyone who presented and participated in these sessions, and to Colin Filer (ANU) for supporting our registrations. Congratulations to Fadzilah Majid-Cooke (Universiti Malaysia Sabah) for successfully chairing the symposium.

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New Publications from RRI and FPP

Forest Peoples Programme (FPP) and their partners recently released 6 case studies and a synthesis report on customary sustainable use of biodiversity by Indigenous peoples and local communities. Case studies from Bangladesh, Cameroon, Guyana, Suriname, and Thailand provide insights into the sophistication of local management systems, in particular the customary law systems that guide the wise use of biological resources. The communities also describe the threats that their customary management systems are facing and identify obstacles to effective country-level implementation of the Convention on Biological Diversity's Article 10(c), which states that parties shall protect and encourage customary use of biological resources in accordance with traditional cultural practices that are compatible with conservation or sustainable use requirements.

Owen J. Lynch (Rights and Resources Initiative) also released a new publication entitled, "Mandating Recognition: International Law and Native/Aboriginal Title". It identifies, summarizes, and analyzes leading international and national laws and judicial cases recognizing or otherwise supportive of native/aboriginal title. Native/aboriginal titles are commu­nity-based property rights typically held by Indigenous peoples and other original, long-term-occupant local communities. The paper highlights widespread and growing evidence that international law is moving towards (and arguably already is) mandating legal recognition of native/aboriginal title to Indig­enous territories and ancestral domains. It references decisions of the International Court of Justice, the Inter-American Court, and the African Commission on Human and Peoples Rights. This emerging mandate in favor of native/aboriginal title is also apparent in international conventions and declarations, as well as at least fourteen nation states that are already obliged under domestic law, albeit in differing ways, to recognize Indigenous peoples’ and others’ native/aboriginal titles.

Thanks to Elsa from the TK Bulletin for the links and descriptions!

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