ICCA Consortium Reports from IUCN Congress and CBD COP11 Available

Two participants' reports are now available from the ICCA Consortium that detail the events and outcomes of the International Union for Conservation of Nature World Conservation Congress (IUCN WCC), held in Jeju in September 2012, and the 11th Conference of the Parties to the Convention on Biological Diversity (CBD COP11), held in Hyderabad in October 2012. Holly Shrumm (Natural Justice) co-authored the reports in her role as the Consortium's International Policy Assistant.

The IUCN WCC report is available here and more information about the ICCA Consortium's activities in Jeju can be explored here. The CBD COP11 report is available here; more information about the Consortium's activities in Hyderabad can be found here; and an overview of key COP11 outcomes for Indigenous peoples and local communities is available here.

CBD Alliance Recap of COP 11

The CBD Alliance has launched a special issue of its ECO newsletter focused on the discussions, outcomes and challenges of the 11th Conference of Parties (COP 11) to the Convention on Biological Diversity (CBD). In a brief overview of COP 11, it notes the near-retirement of the landmark Decision III/11 on Agricultural Biodiversity in the name of efficiency and the successful effort to save the decision. It also expresses optimism that COP 12 will focus primarily on implementing past decisions. 

This overview is followed by several articles on a variety of COP 11 topics. Holly Shrumm and Harry Jonas of Natural Justice authored an article entitled “Resilient Peoples for Resilient Ecosystems.” The article highlights two studies which Natural Justice developed in partnership with the Indigenous Peoples’ and Community Conserved Territories and Areas (ICCA) Consortium and Kalpavriksh on the recognition of ICCAs. The first study, co-published with the CBD Secretariat, considers legal and non-legal forms of recognition and support for ICCAs. The second study offers a more in-depth examination of the legal and institutional aspects of ICCA recognition at the national, regional and international levels. The article then briefly considers the impact of COP 11 decisions on ICCA law and policy.

Other articles consider capacity development for Access and Benefit Sharing in Africa, the next COP and customary sustainable use, business and biodiversity, the tokenism of India’s $50 million pledge to support the cause of biodiversity, youth and COP 11, and biodiversity and livelihoods. 

The newsletter can be downloaded here. 

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.

Recognising Sacred Sites Could Double Conserved Area

Via www.cifor.org

As attendees of the 11th Conference of Parties (COP 11) to the Convention on Biological Diversity (CBD) discussed how conserved areas can be increased from 12 to 17 percent of the earth's land to meet target 11 of the Aichi Biodiversity Targets by the 2020 deadline, some representatives argued that recognising lands sacred to indigenous communities could double the amount of protected land worldwide. Granting this status to areas conserved by indigenous communities would not only improve the conservation of land with immense biodiversity, it will also strengthen communities and help to keep them intact according to a recent blog post by the Centre for International Forestry Research (CIFOR). 

The blog post cites the director of Natural Justice partner MELCA, Million Belay, who also feels that this recognition will strengthen and legitimise traditional knowledge. Bas Vershuuren, co-chair of the IUCN specialist group on cultural and spiritual values of protected areas and also a Natural Justice partner, said that through the recognition of sacred sites, conservation can be decentralised as opposed to the way it is currently practiced. 

Read the full blog post here. 

Overview of Key CBD COP11 Outcomes

Kabir Bavikatte (left) and Holly Shrumm (Natural Justice)

discussing key issues in the negotiations towards a plan

of action on customary sustainable use. Photo via IISD-RS.

Natural Justice was recently in India for the 11th Conference of the Parties (COP11) to the Convention on Biological Diversity (CBD), which took place from 8-19 October in Hyderabad. In addition to a range of events and meetings, we actively participated in the negotiations, with particular emphasis on the draft decisions on Article 8(j) and Related Provisions, Sustainable Use of Biodiversity, and Protected Areas. Other key agenda items for which we provided technical guidance and coordination assistance through the CBD Alliance and ICCA Consortium included: Monitoring Progress on the Implementation of the Strategic Plan and Aichi Biodiversity Targets; Review of the Programme of Work on Island Biodiversity; Ecosystem Restoration; Marine and Coastal Biodiversity; Biodiversity and Climate Change; Biodiversity for Poverty Eradication and Development; Biological Diversity of Inland Water Ecosystems; Forest Biodiversity; and Agricultural Biodiversity.

The overriding emphasis of the negotiations was on setting the foundations for resource mobilisation and policy alignment for implementation of the 2011-2020 Strategic Plan and Aichi Biodiversity Targets. Amongst the 33 decisions adopted, there were many provisions of direct relevance to the work of Natural Justice and our partners.

A selection of relevant provisions include (in numerical order):

• Decision XI/1 (Status of the Nagoya Protocol on Access and Benefit Sharing): Parties to undertake and provide support for capacity building initiatives, including participation of Indigenous peoples and local communities in legal, policy and decision-making processes, and the development of community protocols;
• Decision XI/2 (Review of Progress in Implementation of National Biodiversity Strategies and Action Plans): Parties to include all stakeholders, including Indigenous peoples and local communities, in planning and implementing national biodiversity strategies and action plans;
• Decision XI/7 (Business and Biodiversity): Parties to help businesses assess and effectively address their impacts on biodiversity and on Indigenous peoples and local communities;
• Decision XI/14 (Article 8(j) and Related Provisions): under the section on progress in implementation, Parties to include in requests to the Global Environment Facility and Small Grants Programme and other donors support for Indigenous peoples and local communities to organise themselves, to develop community plans and protocols, to document, map and register their ICCAs, and to prepare and implement their community conservation plans; and to provide support to countries to strengthen recognition of ICCAs; 
• Decision XI/14 (Article 8(j) and Related Provisions): under the section on Article 10 and 10(c) as a major component of the programme of work, Parties decided that the three initial tasks for the new work on Article 10 and 10(c) are to incorporate customary sustainable use practices or policy into national biodiversity strategies and action plans; to promote and strengthen community-based initiatives; and to identify best practices to promote the full and effective participation of Indigenous peoples and local communities in the establishment, expansion, governance, and management of protected areas, to encourage the application of traditional knowledge and customary sustainable use in protected areas, and to promote the use of community protocols to affirm and promote customary sustainable use in protected areas;
• Decision XI/14 (Article 8(j) and Related Provisions): under the section on recommendations from the Permanent Forum on Indigenous Issues, Parties to further consider adopting the phrase "indigenous peoples and local communities" (instead of "indigenous and local communities") at the next Working Group on Article 8(j) and at COP12 in 2014;
• Decision XI/16 (Ecosystem Restoration): Parties to promote the full and effective participation of Indigenous peoples and local communities and the use of traditional knowledge and practices in appropriate ecosystem restoration activities;
• Decision XI/17 (Marine and Coastal Biodiversity: EBSAs): Parties to also use traditional knowledge and social and cultural information to help describe and identify ecologically or biologically significant marine areas;
• Decision XI/21 (Other Matters Related to Biodiversity and Climate Change): Parties to take into account traditional knowledge, innovations and practices when addressing the impacts of climate change;
• Decision XI/22 (Biodiversity for Poverty Eradication and Development): Parties to protect and encourage the customary use of biological resources and to promote biodiversity and development projects that empower women and Indigenous peoples and local communities; an Expert Group on the same topic will, among other things, develop a conceptual framework and guidance on how to assess the role of collective action and the efforts of Indigenous peoples and local communities in conservation, stewardship, and sustainable management of biodiversity and natural renewable resources, including exploring the role of non-market-based approaches;
• Decision XI/24 (Protected Areas): Parties to strengthen recognition of and support for community-based approaches to in situ conservation and sustainable use, including Indigenous peoples' and community conserved territories and areas (ICCAs), and support the development of local and international registries of ICCAs; to direct benefits arising from the use of genetic resources to enhance management and establishment of protected areas and share benefits with Indigenous peoples and local communities; and
• Decision XI/25 (Sustainable Use): Parties to build and strengthen capacities of Indigenous peoples and local communities to exercise rights and responsibilities to sustainably manage wildlife resources.

Further Information

The advance unedited version of all COP11 decisions is now available online. Daily coverage and a detailed summary report of the negotiations are available online courtesy of the International Institute for Sustainable Development Reporting Services (IISD-RS). The CBD Alliance and CBD Secretariat published the latest issue of their joint newsletter, [square brackets], for the beginning of COP11 and the issues remain relevant.

Overview of Key CBD COP11 Events

Harry Jonas (Natural Justice) launching the study on legal
and institutional aspects of ICCAs. Photo via IISD-RS.

Natural Justice was recently in India for the 11th Conference of the Parties (COP11) to the Convention on Biological Diversity (CBD), which took place from 8-19 October in Hyderabad. With a range of civil society, network, government, and intergovernmental partners, we co-organised, presented at and/or attended the following key meetings and events:

• 6-7 October: CBD Alliance preparatory meeting;
• 8 October: side event on the legal weight and implementation of the CBD;
• 9 October: workshop on Indigenous peoples' and local community conserved territories and areas (ICCAs) in South Asia, organised by Kalpavriksh and others;
• 9 October: side event to launch the joint study on Legal and Institutional Aspects of Recognising and Supporting Conservation by Indigenous Peoples and Local Communities (full list of reports available here);
• 9 October: informal meeting with India-based partners in the Asia Regional Initiative on Biocultural Community Protocols, with particular emphasis on Livestock Keepers' Rights in the context of the 2006 Forest Rights Act;
• 10 October: side event on the Joint Programme of Work on Biological and Cultural Diversity between the CBD and UNESCO;
• 11 October: side event on social and cultural dimensions of marine and coastal protected areas, organised by the International Collective in Support of Fishworkers;
• 11 October: workshop on national federations and coalitions of Indigenous peoples and local communities, organised by the ICCA Consortium and others;
• 11 October: side event on biocultural community protocols and free, prior and informed consent, drawing from the recent special issue of the Participatory Learning and Action journal, which Natural Justice co-edited;
• 12 October: side event to launch the CBD Technical Series on Recognising and Supporting ICCAs, which Natural Justice co-edited;
• 12 October: side event on experiences and opportunities for civil society partnerships with access and benefit sharing through the Global Environment Facility Small Grants Programme;
• 12 October: side event on the new online platform to support revision and implementation of National Biodiversity Strategies and Action Plans (NBSAPs)
• 13 October: colloquium on ICCAs and the Aichi Biodiversity Targets, organised by the CBD Secretariat;
• 15 October: side event on UNDP support for ICCAs;
• 16 October: Rio Pavilion event on Reducing Emissions from Deforestation and Forest Degradation (REDD+);
• 16 October: side event on the International Finance Corporation's Performance Standards on Environmental and Social Sustainability;
• 16 October: press conference on Namibia's Community-Based Natural Resource Management Programme;
• 18 October: high-level panel on implementation of the Nagoya Protocol on Access and Benefit Sharing;
• 18 October: side event on strengthening governance, participation, equity, and benefit-sharing aspects of NBSAPs with Indigenous peoples and local communities; and
• 19 October: side event on the Biodiversity in Good Company Initiative.

We also attended a series of meetings throughout COP11 to progress plans for the Community Conservation Resilience Assessment in collaboration with the Global Forest Coalition and others, and for the project on legal preparedness to achieve the Aichi Targets in collaboration with the International Development Law Organisation and the Centre for International Sustainable Development Law.

Daily coverage of select side events is available online courtesy of the International Institute for Sustainable Development Reporting Services (IISD-RS).

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.

REDD+ Day at COP 11

On 16 October 2012, Laureen Manuel of Natural Justice attended REDD+ Day, hosted by the UN-REDD Programme and other partners at the 11th Conference of the Parties (COP 11) to the Convention on Biological Diversity (CBD). The meeting, which was divided into five sessions, included the launch of the Little Forest Finance Book, drafted by the Global Canopy Programme, and the UN-REDD Policy Brief on Multiple Benefits, the third part of the UN-REDD Policy Brief series. 

Each session included a team of panelists who presented on their work and areas of expertise. The event was well attended by various stakeholders including policy makers, academics and forest officers. Among the topics debated were discussions on the importance of safeguards for the implementation of REDD+, best practices in governance and safeguarding biodiversity, REDD+ and the Green Economy, as well as the key findings of the new Global Forest Expert Panel (GFEP), an initiative of the Collaborative Partnership on Forests (CPF).

Find the Little Forest Finance Book here. Download the UN-REDD Policy Brief on Multiple Benefits here.

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.

CBD Secretariat Hosts Colloquium on ICCAs and Aichi Targets

Participants of national conference on ICCAs in the 

Philippines, which took place in March 2012. Photo via

iccaforum.org.

According to a notification of the Secretariat of the Convention on Biological Diversity (CBD), Indigenous peoples’ and local community conserved territories and areas (ICCAs) provide multiple ecological, cultural and biodiversity values, contribute greatly to food and water security and other ecosystem processes, and help achieve the Strategic Plan for Biodiversity 2011-2020 and Aichi Biodiversity Targets. ICCAs play a critical role in ensuring access and respecting rights to customary sustainable use and facilitating inter-generational communication of traditional environmental knowledge, innovations and practices. The Secretariat continues by noting that ICCAs are increasingly recognised as the living embodiment of both Articles 8(j) and 10(c) of the CBD.

In an effort to support implementation of these Articles and several past CBD decisions, on 13 October at the 11th Conference of the Parties to the Convention on Biological Diversity (CBD COP11), the CBD Secretariat co-hosted a one-day colloquium on the role of ICCAs in achieving the 2011-2020 Aichi Biodiversity Targets, along with the governments of Brazil, India, Mexico, the Philippines, Senegal, and South Africa, the ICCA Consortium, the International Indigenous Forum on Biodiversity, and Conservation International.

The colloquium was opened by the Deccan Development Society and several Dalit farmers, who gave a spiritual blessing and spoke about the challenges they have faced on the road to securing food sovereignty. Opening remarks were given by the following esteemed speakers: Braulio Ferreira de Souza Dias (Executive Secretary, CBD); Delfin Ganapin (Global Coordinator, GEF Small Grants Programme); Russell Mittermeier (President, Conservation International); Taghi Farvar (President, ICCA Consortium); and Trevor Sandwith (Director, IUCN Global Protected Areas Programme). Following a presentation by John Scott and Sarat Gidda (CBD Secretariat) on the linkages between ICCAs and global policy, Ashish Kothari (Kalpavriksh) gave a keynote address on a global study compiled by the ICCA Consortium, Kalpavriksh, Natural Justice, and IUCN-TILCEPA on legal and non-legal forms of recognition and support for ICCAs. The study was published as Technical Series Volume 64 by the CBD Secretariat. (A complementary global study coordinated by Natural Justice and Kalpavriksh on behalf of the ICCA Consortium focused in more depth on legal and institutional aspects of recognizing and supporting ICCAs and is available online.)

The rest of the colloquium consisted of three engaging panels that highlighted experiences and lessons learned from Asia-Pacific, Africa, and Latin America and the Caribbean. Each panel was chaired by a government representative from the respective region and included presentations by Indigenous peoples, NGOs, and governments.

The CBD Secretariat's official notification of the colloquium and the day's programme can be viewed here.  A summary report is available here. More information about the ICCA Consortium's engagement in COP11 can be found here.

Workshop on National Federations and Coalitions of ICCAs

Jorge Nahuel (Mapuche Tribe, Argentina) speaking about a

tri-national coalition of Indigenous peoples. Photo credit: 

Aurelie Neumann / ICCA Consortium.

On 11 October at the 11th Conference of the Parties to the Convention on Biological Diversity (CBD COP11), the ICCA Consortium, Global Environment Facility Small Grants Programme (GEF-SGP), and many local partners co-hosted a 3-hour workshop entitled “National ICCA Federations and Coalitions Ready to Take Conservation Authority and Responsibilities Towards Fulfilling the Aichi Biodiversity Targets”. The workshop shared experiences of a range of federations and coalitions of Indigenous peoples’ and community conserved territories and areas (ICCAs) from around the world, including the Philippines, Madagascar, Nepal, India, Iran, and Argentina. Additional reflections were provided by representatives from GEF-SGP, Australia, Pakistan, Taiwan, the Democratic Republic of Congo, and the Philippines.

Particular emphasis was placed on how federations, coalitions and related social movements are being mobilised at all levels to secure Indigenous peoples' and local communities' rights, customary territories, and ways of life. Delfin Ganapin (GEF-SGP) reminded workshop participants that because federations have the potential to challenge the political status quo, the stronger the social movements become, the more resistance they will likely face from governments and industries in power. In the words of Dave de Vera (Philippine Association for Intercultural Development), despite significant legal and policy gains, "There is still so much to be done; the struggle will always continue."

More information about the ICCA Consortium's engagement in CBD COP11 is available here.

New CBD Newsletter - Achieving the Aichi Biodiversity Targets

The Secretariat of the Convention on Biological Diversity (CBD) and the CBD Alliance have released a new edition of Square Brackets, the newsletter they publish jointly. This edition’s focus is on Achieving the Aichi Biodiversity Targets, and includes interviews with six heads of agencies of the Aichi Biodiversity Targets Task Force. Natural Justice’s Holly Shrumm served on the editorial board for the publication. 

The interviews with the heads of the task force agencies seek to understand how their agencies are contributing to the objectives of the task force, the challenges in doing so, and how civil society, indigenous peoples, and local community organizations can work with their respective agencies in achieving the Aichi Targets. Each interview offers valuable insight into the task force’s work and areas for partnering with civil society. Other fascinating articles consider the enforcement of the CBD, the importance of input from community voices, a discussion of equitable governance and management in protected areas, and what can be expected from the 11th Conference of Parties of the CBD. 

The full newsletter can be downloaded here.

Major Report on Legal Recognition of ICCAs

Via www.iisd.ca

The ICCA Consortium, Kalpavrikshand Natural Justice launched a report entitled: Legal and Institutional Aspects of Recognising and Supporting Conservation by Indigenous Peoples and Local Communities at a side event at the 11th Conference of Parties (COP-11) of the CBD on 9 October, 2012 in Hyderabad, India. The publication synthesises the outputs of a report on international law and jurisprudence and 15 country-level reports. The speakers were all part of the research team, including: Souleye Ndiaye (Director of Protected Areas, Senegal), Samson Pedragosa (PAFID, the Philippines), Dau-Jye Lu (Tao Foundation, Taiwan), Neema Pathak Broome (Kalpavriksh, India), and Simone Lovera (Global Forest Coalition, Paraguay). Harry Jonas from Natural Justice introduced the report and moderated the session which was covered by Earth Negotiations Bulletin and is available here.

Legal Weight and Implementation of the CBD

Via www.iisd.ca

Natural Justice hosted a side event at the 11th Conference of Parties (COP-11) of the Convention on Biological Diversity on 8 October, 2012 in Hyderabad, India. The event emerged from a rapid assessment undertaken by Natural Justice for the CBD Alliance. Among other issues raised by the report are a) the fact that there is no clarity about the legal weight of the CBD and b) how civil society could better engage in the implementation of the CBD. In this context, the event brought together the following people to discuss the incumbent issues: Elisa Morgera (Edinburgh University), S. Faizi (India Biodiversity Forum), Gurdial Singh Nijar (Centre of Excellence for Biodiversity Law, University of Malaya), Joji Carino (Tebtebba, pictured), Chee Yoke Ling (Third World Network), Yolanda Saito (International Development Law Organization) and Frederic Perron-Welch (Centre for International Sustainable Development Law). Harry Jonas from Natural Justice introduced the report and moderated the session which was covered by Earth Negotiations Bulletin and is available here.