Conservation & Society Special Section on Community-based Conservation

The latest issue of Conservation & Society (an open-access interdisciplinary journal exploring linkages between society, environment and development) contains a special section on community-based conservation. The introductory article, entitled "Conservation as if People Also Mattered: Policy and Practice of Community-based Conservation" by Ashish Kothari, Philip Camill, and Jessica Brown, sets the stage with the following abstract:

"Community-based conservation is being increasingly recognised as a major global force in the protection and sustainable management of ecosystems and species. Yet documentation of its main achievements and shortcomings, and the key issues it faces, is still at a nascent stage. This paper introduces the concept and experience of two forms of community-based conservation: Collaborative Management of Protected Areas (CMPA), and Indigenous Peoples' and Local Community Conserved Territories and Areas (ICCAs). It explores the emergence of these approaches in the context of global international conservation policy. Reviewing four case studies that were presented at a symposium convened at the Bowdoin College (Maine, USA, in November 2008), and drawing from the discussion during that session, it identifies some key lessons and principles that are likely to be applicable to community-based conservation across the world."

The other articles in the special section include:

• "Bureaucratic Barriers Limit Local Participatory Governance in Protected Areas in Costa Rica" by Xavier Basurto,
• "National Parks and ICCAs in the High Himalayan Region of Nepal: Challenges and Opportunities" by Stan Stevens,
• "New England's Community Forests: Comparing a Regional Model to ICCAs" by Martha West Lyman, Cecilia Danks, and Maureen McDonough, and
• "Co-management in the Maine Lobster Industry: A Study in Factional Politics" by James M Acheson

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Natural Justice Facilitates Biocultural Community Protocol Training for the Ogiek Community

On 17 April, Natural Justice facilitated a biocultural community protocol (BCP) training workshop for the Ogiek Community in Nakuru, Kenya.  Lack of recognition of their status as indigenous peoples, an increase in wildlife conservation and development in the region has caused displacement from their traditionally-owned lands.  The Community have brought their issues to the African Court on Human and People's Rights, with the African Court recently providing interim measures to stop the eviction of the Ogiek from the Mau Forest by the Government of Kenya.

The BCP training was attended by a variety of community members including women, youth, elders and the NGO supporting the community.  The development of the BCP will complement the Community's advocacy work within the region and will, amongst other things, highlight the community's history and customary laws and norms and rights at a local, regional and international level. See here for the interim measures. 

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Release of "Guidelines for Environmental Protection in Foreign Investment and Cooperation" by Chinese Ministries

The Chinese Ministry of Commerce and the Ministry of Environmental Protection recently released its "Guidelines for Environmental Protection in Foreign Investment and Cooperation".  The Guidelines are to "guide enterprises in China to raise their environmental protection awareness, and to understand and observe environmental protection policies and regulations of the host country in foreign investment and cooperation, so as to realize mutual benefits".

Based on recommendations by a Chinese NGO, Global Environmental Institute, the Guidelines consider a range of topics, including respect for community religious beliefs, cultural traditions and national customs, international standards, environmental protections and environmental impact assessments. The Guidelines are non-binding, but do provide civil society groups with an opportunity to hold Chinese companies responsible for their actions overseas. The Guidelines can be found here.

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"FPIC and the Extractive Industries: A Guide to Applying the Spirit of Free, Prior and Informed Consent in Industrial Projects

The International Institute for Environment and Development has published a resource on free, prior and informed consent (FPIC) as it relates to extractive industries. FPIC and the Extractive Industries: A Guide to Applying the Spirit of Free, Prior and Informed Consent in Industrial Projects points out that corporations are increasingly aware of the need to secure and maintain a ‘social license to operate’ because implementing a project without the support and trust of local communities can lead to operational delays, financial costs and litigation; even project closure, violence and loss of life. The Guide is targeted primarily at companies, and those working with them, who are looking to engage with FPIC in a meaningful way. It advocates respect for communities’ customary practices, and sets forth a three-point framework for companies to follow that seeks to move companies beyond compliance with minimum standards to achieving the spirit of FPIC with all communities. Among the resources for “flexible systems for participation and deliberation [that] will provide companies with guidance on how to achieve the spirit of FPIC” the Guide lists the Biocultural Community Protocol Toolkit developed by Natural Justice for community facilitators. The publication can be found here. 

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World Bank Conference on Land and Poverty Stresses Land Governance

Photo: World Bank

From 8-11 April 2013, the World Bank Group held its annual World Bank Conference on Land and Poverty in Washington, DC. The theme for this year’s conference was “Moving towards transparent land governance: Evidence-based next steps” and stressed the importance of land governance and its relationship to agriculture productivity and food security. The conference aimed to share good practices and advance reforms in six thematic areas:

• Securing land rights and improving land use at the grassroots; 
• Adjusting laws and institutions to address urban expansion and governance; 
• Innovative approaches towards spatially enabling land administration and management;
• Supporting a continuum of rights in a decentralized environment; 
• Mobilizing the private sector to improve land governances; and 
• Sharing benefits from exploitation. 

The World Bank also endorsed the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests and highlighted that the International Finance Corporation has been working to improve land transfers from governments to the private sector and conducting early-risk assessment procedures to evaluate the impact of investments in large land areas on food security. It has also launched a consultative process with all stakeholders to review and update environmental and social safeguards policies, which will be informed by the Voluntary guidance. The World Bank also noted that it is scaling up efforts to improve land governance through increased transparency, accountability, and participation in decision making; protect the rights of land owners and realize benefits for smallholder farms; promote policies that recognize all forms of land tenure and help women achieve equal treatment in obtaining land rights; and promote environmentally and socially sustainable agriculture investments. See here for the World Bank Press Release.

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Impacts of Private Land Titling in Indigenous Communities in Cambodia

Photo courtesy of firstpeoples.org

Asia Indigenous Peoples Pact (AIPP) has released a new publication in collaboration with the Ratanakiri Communal Land Titling Working Group entitled "Directive 01BB in Ratanakiri Province, Cambodia: Issues and impacts of private land titling in indigenous communities". AIPP introduces the research with the following description: "Asia has more than 200 million indigenous people who have maintained their lands, territories and resources sustainably for centuries. Land grabbing in the name of 'development' however, is taking place at an alarming rate, further increasing indigenous peoples’ marginalization, denying them of the material base for their distinct cultures and identities, and threatening their collective survival.

The situation in Cambodia exemplifies this issue. It deserves public attention and urgent government action. The current state of affairs needs to be addressed with a sense of urgency as indigenous peoples are being coerced to acquire private titles and sell them to make way for economic land concessions. Private titles are not consistent with the customary land tenure arrangements of indigenous peoples. They do not recognize the collective nature of indigenous communities, are limited to an area that is insufficient for traditional agricultural practices, and include other conditions that make them inappropriate.

Policies in practice have resulted in greater loss of land rather than secured the collective land tenure of indigenous peoples. While Cambodia has a law that recognizes the land rights of indigenous peoples, implementation has been weak and selective. In particular, the Cambodian government’s issue of economic land concessions on indigenous peoples' lands has often been conducted in a manner that directly violates indigenous rights.

At the global level, indigenous peoples’ customary right to traditional land ownership has been formalized in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted by the Cambodian government in 2007, which sets out the minimum standards for the recognition of the collective rights of indigenous peoples as the basis for social justice and achieving equality. This international human rights instrument affirms the rights of indigenous peoples to their lands, territories, and resources, as well as to their self-determined development. The legal and full recognition of these rights at the local and national levels remains imperative for indigenous peoples’ survival and dignity."

The report is available in English and Khmer.

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New Research on Large-scale Agricultural Investments in Zambia

Photo courtesy of ifad-un.blogspot.com

The German Institute of Global and Area Studies (GIGA) recently released a new working paper by Kersten Nolte entitled "Large-Scale Agricultural Investments under Poor Land Governance Systems: Actors and Institutions in the Case of Zambia". According to GIGA's abstract, "[t]his paper reveals how the outcomes of large‐scale land acquisitions made by foreign investors in Zambia are determined by the characteristics of the country’s land governance system. Proposing a conceptual framework adapted from Williamson (1998), and using evidence constituted by expert interviews and focus group discussions, we scrutinize the nature and evolution of the Zambian land governance system, the steps that an investor has to go through in order to attain land and the actors shaping the acquisition process. Shedding light on the acquisition process for land, we find that enforcement of formal rules is currently weak. Depending on how the actors “play the game,” land acquisitions can feature aspects of both “land grabs” and of “development opportunities.” If customary land is targeted, consultation, displacements and compensations become especially problematic issues. Moreover, we find that the power balance between actors has been altered by the presence of these investors. In particular, local authorities have gained greater power and influence."

The working paper is available for download in English; other GIGA working papers are available here.

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