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.

ABS Stakeholder Meeting - Vanuatu

On 26 November, 2012, a national stakeholder meeting was facilitated by Vanuatu’s Department of Environment and Conservation together with the national GEF Small Grants Program on Access and Benefit Sharing (ABS). The purpose of the meeting was to brief a range of diverse stakeholders on the Nagoya Protocol on ABS to the Convention on Biological Diversity and its significance to them, as well as to receive an update on the process of Vanuatu ratifying the Protocol. Vanuatu, which signed the Nagoya Protocol in 2011, is planning to ratify the Protocol in the near future depending on national regulatory requirements.

Johanna von Braun from Natural Justice and Andreas Drews from the ABS Capacity Development Initiative provided technical input to the meeting and supported discussions on the next steps for both governmental and non-governmental stakeholders in this process. After a fruitful debate both stakeholder groups identified a number of priority areas to be targeted in the immediate and medium-term future.

Oceania Biodiscovery Forum & ABS Capacity Development Workshop in Brisbane

From 19-22 November, 2012, the first ever Oceania Biodiscovery Forum took place in Brisbane, Australia. The meeting was jointly facilitated by the Secretariat of the Pacific Regional Environment Programme (SPREP), the Eskitis Institute of Griffith University, the Australian Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) and the ABS Capacity Development Initiative. This meeting was followed by an Access and Benefit Sharing (ABS)  capacity development workshop for ABS Focal Points and other relevant stakeholders in the Pacific region from 22-23 November.

The Biodiscovery Forum provided a platform for exchange on the nature of bioprospecting activities by Australian research institutes, both public and private. A number of researchers shared the nature of their work, ranging from small-scale commercial bioprospecting activities to large-scale gene banks of marine genetic resources. These activities were then discussed against the backdrop of the Nagoya Protocol on Access and Benefit Sharing to the Convention on Biological Diversity and Australia’s draft policy as a user of genetic resources as well as the existing permit system as a provider of genetic resources. A number of national and regional benefit sharing examples with local communities were shared with participants. 

Both the European Commission and Switzerland shared their current status in implementing the Nagoya Protocol as users of genetic resources, and the extent to which genetic resources would be protected once they left their country of origin. This led to substantial debate as some participants were not satisfied with the current interpretation of both Switzerland and the European Commission in relation to the temporal scope of the Nagoya Protocol as well as their definition of what constitutes ‘access’. In their view the current wording would result in too many resources currently in gene banks being excluded from the Protocol’s protection and subsequently undermine the very purpose of the Protocol.

Finally, the Biodiscovery Forum ended with a visit to the Eskitis Institute, which houses a wealth of terrestrial and marine compounds to support the Institute's search for novel drug- and cell-based therapies against cancer, infectious diseases and neurological diseases. 

The ABS Capacity Development Workshop, the third of a series of three regional workshops in 2012, targeted ABS Focal Points and other relevant stakeholders from the Pacific region. Representatives from the Cook Islands, Fiji, the Solomon Islands, Papua New Guinea, Niue, Kiribati, the Federation of States of Micronesia, Marshall Islands, Samao, Palau, Nauru, Tonga, Vanuatu as well as the overseas territories of American Samoa and New Caledonia participated . Also invited were representatives from South Africa and Jamaica to facilitate further South-South exchanges. 

At the request of participants from previous workshops, this training focused on Prior Informed Consent and Mutually Agreed Terms as the two key elements of implementing ABS. Johanna von Braun from Natural Justice served as one of the key resource people in the workshop together with Daniel Robinson (University of New South Wales), Morten Tvedt (Fridtjof Nansen Institute), Geoff Burton (United Nations University), Ben Phillips (SEWPaC), Clark Peteru (SPREP) as well as Andreas Drews and Susanne Heitmueller from the ABS Capacity Building Initiative. Further presentations included a presentation of Locally Managed Marine Areas (LMMAs) as relevant community governance structures for ABS by Alifereti Tawake and a presentation on relevant funding opportunities by the GEF Small Grants Programme.

New UEBT Brief on Nagoya Protocol

As the Nagoya Protocol to the Convention on Biological Diversity on Access and Benefit Sharing (ABS) is ratified by more and more nations, it is important that stakeholders understand its implications. To help businesses, and especially companies using biodiversity to develop food and personal care products, Natural Justice-partner the Union for Ethical BioTrade (UEBT) has released a technical brief on the provisions of the Nagoya Protocol. 

The brief begins by describing the overall purpose of the Nagoya Protocol and outlining the types of activities that will be impacted by its implementation. It then discusses changes to existing ABS requirements and details which countries will be establishing measures for ABS under the Protocol. It concludes by focusing on the specific implications for natural ingredients in food and personal care products. 

A report on the brief by CosmeticsDesign.com can be found here. The brief can be downloaded here.

High-Level Panel on Implementation of Nagoya Protocol

On 18 October 2012, Laureen Manuel of Natural Justice attended a high-level panel discussion at a side event at the Convention of Biodiversity’s (CBD) 11th Conference of the Parties (COP 11) in Hyderabad, India. The discussion contemplated key questions surrounding the implementation of the Nagoya Protocol on Access and Benefit Sharing (ABS). The panel included Bard Vegar Solhjell, Minister of Environment (Norway) (Chair), Sileshi Getahun, Minister of Agriculture (Ethiopia), Janez Potocnik, European Commissioner for the Environment (European Union), and Dr Pema Gyantsho, Minister of Agriculture (Bhutan). Delegates who attended this gathering included government representatives, civil society organisations and representatives of Indigenous Peoples and local communities. 

India, Japan, Germany and South Africa were among the countries that shared their experiences on ABS. Germany said they had several ABS programmes in place, including the work of the ABS Capacity Development Initiative to assist developing countries with the implementation challenges. South Africa was applauded by the gathering when it announced that it would be ratifying the Protocol next Tuesday, and Norway indicated that they would ratify the Protocol within the next six months. 

In summary, the main observations of the panel included: 

• Although only a few countries have ratified the Protocol, many countries are at various stages aimed at ratification, with many countries revising their legislation and policies to meet the obligations of the Protocol; 
• The importance of awareness-raising of rights and other ABS issues cannot be over-emphasised; 
• Capacity building and financial and human resources are critical to the process, and is lacking in many countries; 
• Collaboration and the exchange of experiences among Parties are important for effective implementation and should continue in the future. 

In his concluding remarks, the Ethiopian Minister of Agriculture, Mr Getahun, said many of the reasons submitted by Parties for not ratifying the Protocol were related to preparatory processes leading up to ratification. These reasons should not hinder ratification. He said that effective implementation starts with ratifying the Protocol despite the preparatory challenges (because activities cannot be classified as legal or illegal if the Protocol is not ratified), making communities aware of the importance of their biodiversity resources and their rights as an informed public will assist in combating biopiracy, and finally, by establishing effective check points.

Namibian Press Conference at COP-11

On 16 October, 2012, Natural Justice’s Laureen Manuel attended a press conference held by the Namibian Ministry of Environmental Affairs and Tourism at the 11th Conference of the Parties (COP-11) to the Convention on Biological Diversity (CBD) in Hyderabad, India. In addressing international media and other COP-11 delegates, the Honourable Minister of Environment and Tourism, Ms Netumbo Nandi-Ndaitwah, shared the country’s experiences, challenges and successes in establishing and implementing its Community-Based Natural Resource Management (CBNRM) Programme. 

She said that the CBNRM programme is a powerful symbol of the potential for the conservation and sustainable use of biodiversity to alleviate poverty. Through the devolution of rights over wildlife and forest resources, indigenous peoples and local communities are now driving the conservation and sustainable use of biodiversity through communal conservancies and community forests. During COP-11, Namibia will be receiving an award for this community-based approach to conservation. 

The Minister also said that in the absence of Access and Benefit Sharing (ABS) legislation, Namibia was unable to ratify the Nagoya Protocol. However, Namibia's ABS Bill, which Natural Justice helped to draft, has recently been approved by Cabinet and is ready to be tabled before Parliament for enactment. She assured the gathering that Namibia will ratify the Nagoya Protocol once the ABS Bill becomes an Act of Parliament.

She concluded the press conference stating that biodiversity belongs to all and that all nations should work towards developing similar strategies to conserve the environment. After all, she said, we need the environment more than the environment needs us.

E-Module on ABS for Communities

Natural Justice has developed a draft e-module that aims to provide an introduction to access and benefit sharing (ABS) and its implications for Indigenous peoples and local communities. It explores the implications of a range of rights and responsibilities and how communities may be able to realize them in practice. Natural Justice is developing a number of e-learning modules to support communities developing biocultural community protocols (BCPs) to increase their understanding of key international legal frameworks, concepts and programmes. 

Throughout history, Indigenous peoples and local communities have used traditional knowledge and biological resources to cure sicknesses, provide nourishment, and fulfill everyday livelihood needs. More recently, many people have benefitted from the use of some of this knowledge and biodiversity to develop pharmaceuticals, cosmetics, crop varieties and livestock breeds, and other products for personal use. However, the communities that have nurtured the genetic diversity over thousands of years of cultivation and wild use often have not benefitted from these developments. Frequently, they are not involved in the research and development process, receive little to no compensation for their knowledge or resources, and have no access to the final products. 

Over the past couple of decades, the concept and practice of access and benefit sharing (ABS) has emerged in attempt to address these concerns at international and national levels. According to the Convention on Biological Diversity, ABS is defined as the fair and equitable sharing of the benefits arising from the use of genetic resources. International law states that states are the 'owners' of genetic resources located within their borders. Communities have both customary and recognized rights over genetic resources and traditional knowledge of those resources. Those who want to research and use traditional knowledge or genetic resources are obliged to follow certain procedures and uphold standards in collaboration with the appropriate governments and communities. 

The actual practice of ABS does not always live up to its stated aim. Communities can be excluded or even dispossessed due to conflicting claims or understandings of relationships with genetic resourcesand traditional knowledge. It is essential that communities to understand their rights and obligations under ABS to achieve the best possible results. This e-module seeks to support that aim. 

The full e-module can be downloaded here. Other e-modules drafted by Natural Justice can be accessed here. These modules supplement ‘BCPs: A Toolkit for Community Facilitators’, which can be viewed here. The documents are not final and any comments can be directed to Holly Shrumm (holly (at) naturaljustice.org) and Harry Jonas (harry (at) naturaljustice.org).

UEBT Hiring Project Officer

The Union for Ethical Biotrade (UEBT), a Natural Justice partner on work around communities, dialogue and biotrade, is seeking a Project Officer on Business and Biodiversity Policy Implementation. The Project Officer will “work closely with other UEBT staff to provide support to companies developing systems and procedures on issues such as community engagement, contribution to local development and access and benefit sharing (ABS).” 

For more information on the position and how to apply, visit UEBT’s page here.

Imbak Canyon Ethno-forestry

Harry Jonas of Natural Justice presented on "ABS: From International Law to Local Realities" at a workshop hosted by Yayasan Sabah and Petronas in Kota Kinabalu, Malaysia. The workshop focused on how best to develop and implement an ethno-forestry study in Imbak Canyon. The study is "a long term project leading towards the positioning of Imbak Canyon as the centre of learning for indigenous communities in biodiversity conservation and sustainable use of natural resources, for gene bank conservation and the exploration of pharmaceutical and biotechnological potentials." Other presenters included Dr Agnes Lee Agama (Global Diversity Foundation) and Dr Charles Vairappan (University Malaysia Sabah).

South African BABS Guidelines Drafted with Natural Justice Support

To ensure the effective implementation of South Africa’s regulations on the conservation of biodiversity and implementation of Access and Benefit Sharing, South Africa’s Department of Environmental Affairs has promulgated new guidelines for providers, users and regulators of South Africa’s biodiversity. Natural Justice provided technical support to the Department in drafting the guidelines, and Kabir Bavikatte, Johanna von Braun and Laureen Manuel of Natural Justice drafted the second chapter for providers. 

Holding 10% of the world’s plants, 7% of its reptiles and 15% of its coastal marine species, South Africa is the world’s third most mega-diverse nation after Indonesia and Brazil. Out of this richness, the nation’s biodiversity has faced severe threats to species and ecosystems from human activities. To address these challenges, the National Environmental Management Biodiversity Act (the Biodiversity Act) was promulgated in 2004 and the Bioprospecting, Access and Benefit Sharing (BABS) Regulations were passed in 2008. To support actors using South Africa’s biodiversity understand and adhere to these new requirements, South Africa’s “Bioprospecting, Access and Benefit-Sharing Framework: Guidelines for Providers, Users and Regulators” has been promulgated. 

The first section of the guidelines, drafted by Natural Justice, offers guidance to those who would provide indigenous biological resources and traditional knowledge on their uses, including discussions demarcating the discovery and commercialisation phases, elaborating upon community ownership of resources and knowledge, details on the kinds of benefits that can be expected, and guidelines on concluding agreements with users. The second section elaborates upon the requirements for users of biological resources and knowledge. It discusses permits, dialogues with communities around prior informed consent, and agreements with providers of resources and knowledge. The final section provides guidelines for regulators of bioprospecting. 

The full guidelines can be accessed here. The guidelines for providers, drafted by Natural Justice, can be accessed directly here. Learn more about Natural Justice’s work around bioprospecting in South Africa here.

Endogenous Development Training in Techiman, Ghana

The Natural Justice team and a number of its partners from Kenya, South Africa and Namibia attended a one week Certificate Program in Local and Indigenous Knowledge for Community-Driven Development in Techiman, Ghana from 24-30 June, 2012. Coordinated by the Center for Indigenous Knowledge and Organisational Development (CIKOD) in collaboration with the University of Cape Coast and Water Aid in Ghana, the course introduced the concept of "endogenous development", an approach to social and economic justice that involves strength-based development "from within" ensuring initiatives are community-driven and based on strengths that contribute to their own socio-cultural, economic and political development. 

The course began with an introduction to endogenous development, perspectives on indigenous sciences, the local knowledge of each participant and expectations of the course. Participants visited the nearby Forikrom community where they were introduced to the traditional chiefs and elders, traditional foods made by the community, the sacred sites and surrounding ancestral caves, and local eco-farming. Members of the community presented on successful endogenous development processes utilised by the community, including the work of Traditional Authorities and HIV/AIDS, interfaces between traditional and modern medicines, and the Forikrom Eco-cultural Tourism project. 

Throughout the week, endogenous development tools such as Community Institutional Resource Mapping (CIRM) and Community-Driven Health Impact Assessment Tool (CHIAT) were discussed. Participants were immersed in local examples of projects involving endogenous development processes and tools including the water, sanitation and hygiene project, the Traditional Authorities Transparency and Accountability Charter, and the Rural Women Farmers Association of Ghana. Representatives from Natural Justice, Save Lamu, Kivulini Trust, Karamacan and Kukula Traditional Healers also presented on biocultural community protocols as tools for the legal empowerment of communities. 

The one-week course was a rich and engaging opportunity to explore and deepen knowledge of endogenous development processes. Natural Justice looks forward to continuing the implementation of endogenous development processes in its work with communities. Natural Justice and other participants thank CIKOD, the University of Cape Coast and Water Aid for hosting the course, together with the ABS Capacity Development Initiative, the Open Society for Southern Africa, the Heinrich Böll Foundation, the Christensen Fund, and University of Cape Town's Open AIR project, for their generous support.

Second Intergovernmental Committee on the Nagoya Protocol

Kabir Bavikatte of Natural Justice participated in the second meeting of the Intergovernmental Committee on the Nagoya Protocol (ICNP 2) in Delhi from July 2-6, 2012. Kabir participated at the ICNP 2 in his capacity as the legal advisor to the African Group of parties to the Convention on Biological Diversity. The key issues that were negotiated at the ICNP 2 dealt with cooperative procedures and institutional mechanisms to promote compliance with the Nagoya Protocol, the global multilateral benefit sharing mechanism, the access and benefit sharing (ABS) clearing house, financial mechanism and resource mobilization. 

At the ICNP 2, Natural Justice and the Berne Declaration also organized a side event that screened the film ‘Rooibos Robbery’ which deals with Nestle's biopiracy of South African genetic resources and associated traditional knowledge and can be viewed here. The side event included a presentation by Morten Tvedt of the Fridtjof Nansen Institute on the Norwegian law on ABS as one of the first user country measures and inputs from Muleso Kharika, Director of Resource Use at the South African Department of Environmental Affairs. Copies of the film were also distributed amongst the participants of ICNP 2.

Africa BCP Initiative Review in Wa, Ghana

Shea producers from Dafiama meeting with ABCPI
participants

The Natural Justice team was in Wa, Ghana for a review of the first phase of the Africa Biocultural Community Protocols Initiative (ABCPI) on 21-22 June. The meeting included a review of the lessons learned from the first year of the initiative. The review began with reflection by representatives from each of the communities who engaged in the Biocultural Community Protocol (BCP) process through the initiative. The representatives were also encouraged to reflect on the usefulness of ‘BCPs: A Toolkit for Community Facilitators’ and to propose amendments or additions. 

From Ghana, the community of Dafiama is preparing a BCP on Shea conservation and marketing and the community of Tanchara further developed and used for dialogue their BCP on local gold exploration and sacred sites. From Ethiopia, the community of Sheka Forest is developing a BCP asserting their right to steward the forest. In Kenya, the Maasai community of Ilkusemeti is preparing a BCP on land use, the Samburu community is extending their BCP on livestock keeping rights, and the communities of Lamu are demanding community inclusion in a major port development planning. In South Africa, the Kukula Traditional Health Practitioners of Bushbuckridge are using their BCP to consider an access and benefit sharing (ABS) agreement with a cosmetics company. In Namibia, the community residing in Bwabata National Park is contemplating using a BCP to establish their right to reside and conserve the park. 

From the review, the representatives identified key issues in BCP development. They included having clear objectives, effective and representative community governance structures, engaging facilitators with existing trust relationships with the community and the ability to translate community values and practices to external actors, the importance of proactively and productively engaging with governments, the importance of including documentation throughout the process, and the need for meaningful legal support. 

Moving forward, the ABS Capacity Development Initiative for Africa, a leading backer of the ABCPI, looked forward to supporting the communities represented and others in further developing and using BCPs. Natural Justice, and other participants, wish to thank the ABS Capacity Development Initative, the Open Society for Southern Africa, the Heinrich Böll Foundation, the Christensen Fund, and University of Cape Town's Open AIR project, for their generous support of the Initiative and its participant communities. Natural Justice also thanks the Centre for Indigenous Knowledge and Organisational Development (CIKOD), ETC COMPAS, and all other ABPCI participants.

Read about the Africa BCP Initiative here. Read the report on the inception meeting of the Initiative here. 

MSP Review in Wa, Ghana

Shea butter production

The Natural Justice team was hosted by the Centre for Indigenous Knowledge and Organisational Development (CIKOD) for a gathering in Wa, Ghana from 18-20 June for a review of the multi-stakeholder processes (MSPs) and biocultural community protocols (BCPs) developed over the past year through the Africa BCP Initiative. The gathering began with a review of the BCPs in the process of being developed in the Africa BCP Initiative. These include BCPs in Ghana, South Africa, Namibia, Ethiopia and Kenya around gold mining, Shea nut conservation and production, pastoralism, land tenure, forest conservation, and traditional medicinal knowledge. Representatives from ETC Compas, GIZ and CIKOD, organisations which have supported the BCP Initiative, offered feedback on the BCP processes and results. 

The gathering then reviewed MSPs conducted in Tanchara, Ghana, around gold mining, and Lamu, Kenya, around major infrastructure developments. Participants in both MSPs presented the processes and results from their MSPs and received feedback from other members of the BCP Initiative. 

On the 20th, the group visited a traditional Shea nut producing community in Dafiama, Ghana which is in the process of developing a BCP. Shea pickers demonstrated the process by which Shea nuts are turned from nut to butter. The traditional leadership of the community shared their concern at the depletion of Shea trees and their enthusiasm for the BCP. It is hoped that the BCP will reduce the destruction of Shea trees from charcoal production and mining and increase the value that communities receive for the Shea that they have maintained and harvested.

Preparatory Meeting for CBD COP11 in Burundi

From 9-14 June, the African regional preparatory meeting for indigenous peoples and local communities for the 11th Conference of the Parties (COP11) to the Convention on Biological Diversity (CBD) took place in Bujumbura, Burundi. The meeting was co-hosted by the CBD Secretariat, the ABS Capacity Development Initiative, the Indigenous Peoples of Africa Coordinating Committee (IPACC), the Indigenous Information Network (IIN), and the Unissons-nous pour la Promotion des Batwa (UNIPROBA). The agenda of the meeting is available here.

The meeting contained specific capacity development sessions on Article 8(j) of the CBD, the Nagoya Protocol on Access and Benefit Sharing (ABS), biocultural community protocols, and intellectual property rights. It also served as an opportunity for the 55 representatives of indigenous peoples and local communities from 21 African countries to strategize ahead of COP11, which will take place in October in Hyderabad, India. Gino Cocchiaro, Lassana Kone and Johanna von Braun (Natural Justice) supported the meeting by holding a session on biocultural community protocols as well as co-facilitating a two-day training session on intellectual property rights and ABS.

In the meeting’s closing panel, which included Burundi's Minister of Environment, Water, Public Works and Urban Planning, Lucy Mulenkei (IIN) highlighted the importance of such meetings for indigenous peoples and local communities in Africa to be prepared for intergovernmental meetings. She also appealed directly to the Minister to lobby other African governments to pay more attention to environmental matters, to ratify the Nagoya Protocol, and to support indigenous peoples and local communities.  The Minister, in turn, expressed his government’s commitment to spare no efforts to support indigenous peoples and local communities in their struggles and to promote human rights in general and in particular those of indigenous peoples, including those of Burundi’s large local Batwa community. He ended the workshop with the words: "Long live international cooperation! Long live the CBD! Long live indigenous people! And long live Burundi!"

Africa Workshop for ILCs in Preparation for CBD COP 11

The first of three regional workshops in preparation for the 11th Conference of the Parties to the Convention on Biological Diversity (CBD) is taking place from 9-14 June in Bujumbura, Burundi. This workshop has been organized jointly by the CBD Secretariat and the Access and Benefit Sharing (ABS) Capacity Development Initiative and brings together nearly 50 representatives from indigenous and local communities (ILCs) from across the Africa. 

The workshop is split into two sections. The first section will concentrate on the CBD, in particular articles 8j and 10c, and includes a closer look at the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits arising from their Utilization. Gino Cocchiaro, Lassana Kone and Johanna von Braun from Natural Justice supported this last segment through an introduction to biocultural community protocols and their value in the context of ABS. 

The second section of the workshop includes an introductory training on Intellectual Property Rights (IPRs) and ABS, organized on the specific request of ILC representatives to the ABS Initiative, with the aim of better understanding IPRs.

Roundtable on the Green Economy in Africa

On 1 June, Natural Justice participated in a roundtable discussion on the prospects and challenges around an inclusive and pro-poor, natural resource-driven green economy in Africa in Johannesburg, South Africa. The roundtable, organised by the Open Society Initiative for Africa, Heinrich Boell Foundation and One World, brought together policy makers, researchers, civil society and practitioners to contribute to the debate on the green economy, define some of the policy questions and responses needed for the region, and to support key African actors to champion an inclusive, pro-poor green economy. 

Natural Justice presented on its experiences with communities that have interacted with the green economy through mechanisms such as Access and Benefit Sharing and Reducing Emissions from Deforestation and Degradation (REDD). The presentation emphasised that much can be learned from the traditional stewards of the lands, waters and resources, such as some of the Indigenous communities in Namibia, who have been able to maintain some of the most biodiverse areas in the world. 

Find further information on Natural Justice work on the green economy here.

Community Meeting in Bwabata Park, Namibia

Through its African Biocultural Community Protocol (BCP) Initiative, Natural Justice travelled to the Bwabwata National Park in West Kaprivi, Namibia during the week of 7th May to meet with residents. Proclaimed a national park in 2007, Bwabwata is the largest of the five protected areas in northeastern Namibia and is bordered to the north by Angola and the south by Botswana. Bwabwata consists of high number of large mammals that are both rare and of important economic value. The grasslands provide habitat for roan, sable and tsessebe along with an important bird habitat. Bwabwata has three core areas designated for special protection and controlled tourism. It also has a large multiple use area zoned for community-based tourism, trophy hunting, human settlement and development by the residents of the community. The Bwabawata resident community is 80% Kwhe. The Kwhe are generally allowed to live sustainably with the environment and natural resources within the park. 

In the absence of current legislation formally recognizing the rights of park residents, the Namibian government does recognize the Karamachan Association as the ‘appropriate representative body for the community of residents of the Bwabwata within the context of tourism development and natural resource management involving the community’. 

In collaboration with locally based NGO Integrated Rural Development and Nature Conservation (IRDNC) and the Karamachan Association, Natural Justice held consultations over two days with community members in which representation in the park, loss of culture and traditional knowledge, possible livelihood projects including access and benefit sharing, and the community’s vision for the future were all discussed. Natural Justice will continue to work with the community, Karamachan Association and IRDNC to assist in the development of a Bwabwata National Park residents BCP, which they hope to use to address some of their concerns and support their vision for the future.

Training Session on Nagoya Protocol and BCPs for Tribal Link's Project Access

In preparation for the 11th session of the UN Permanent Forum on Indigenous Issues (UNPFII), Tribal Link organised a training session for Indigenous Peoples from all over the world from 2-4 May. This year's training included a daylong session on the Convention on Biological Diversity (CBD), Article 8(j) of the Convention, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization, and biocultural community protocols. The third day of the training was organised by John Scott (CBD Secretariat), assisted by Lucy Mulenkei (Indigenous Information Network and the Indigenous Women's Biodiversity Network, IWBN), Florina Lopez (Kuna Yalaas and IWBN) and Johanna von Braun (Natural Justice).

Many of the discussions related to comparing strategies of engagement between the UNPFII and the CBD with respect to indigenous issues. The 11th Session of the UNPFII is affected, similar to previous years, by severe spacial challenges due to ongoing constructions at the UN Secretariat in New York. While 1600 participants have been registered from all over the world, the meeting venue can only hold 400 people.

South Africa Consultation on BABS Regulation

On 18 April 2012, Johanna von Braun and Laureen Manuel of Natural Justice participated in a half day workshop organised by the Department of Environmental Affairs (DEA) of South Africa on the proposed amendments to South Africa’s bioprospecting, access and benefit sharing (BABS) regulations. The workshop is one of many stakeholder consultations being held nationwide during April and May 2012. 

South Africa is a global leader in its bioprospecting legislation but there are many challenges surrounding the implementation of the environmental laws and policies. The purpose of the consultations, therefore, is to draw on the experiences and suggestions of the various stakeholders to inform the amendment process. Some of the challenges raised by participants at the workshop related to benefit-sharing and material transfer agreements, difficulties with issuing authorities, lengthy waiting periods with permit applications and the dynamics between the national and provincial legislatures. Participants called for, among other things, simplified processes where only major users of indigenous biological resources are regulated and for increased capacity and resources at the offices where applications for permits are processed. 

When the consultations are complete, the DEA will develop draft language incorporating concepts and ideas collected from participants. The proposed amendments to the regulations will be then presented to stakeholders for further comment and input.