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NATURAL JUSTICE COMMENTARY ON THE INTENTION TO EXCLUDE THE DEVELOPMENT AND EXPANSION OF SOLAR PHOTOVOLTAIC INSTALLATIONS FROM THE REQUIREMENT TO OBTAIN AN ENVIRONMENTAL AUTHORIZATION BASED ON COMPLIANCE WITH AN ADOPTED ENVIRONMENTAL MANAGEMENT INSTRUMENT GAZETTED NO. 46871 OF 08/SEP/2022 AND THE INTENTION TO ADOPT THE NATIONAL WEB-BASED ENVIRONMENTAL SCREENING TOOL AS AN ENVIRONMENTAL MANAGEMENT INSTRUMENT (SCREENING TOOL)
Natural Justice opposes the South African government's intention to exclude solar photovoltaic (PV) installations from environmental authorization requirements via a web-based screening tool. The organization argues that this 'blanket and overbroad exclusion' violates constitutional rights to administrative justice, public participation, and a healthy environment. They highlight risks including cumulative environmental impacts, infringement on community land rights, and potential social backlash that could ultimately hinder the energy transition. Natural Justice recommends prioritizing the use of degraded lands, such as brownfields and unrehabilitated mining sites, for solar deployment while maintaining meaningful public consultation.
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Document type: Statement
Joint NGO Briefing for UNFCCC COP27: Recommendations for advancing climate justice through increased recognition and protection of land and environmental defenders
The briefing argues that climate justice cannot be achieved without protecting environmental defenders, who face increasing violence, harassment, and criminalization, often linked to land conflicts and climate-damaging industries. It proposes specific enhancements to the Action for Climate Empowerment (ACE) Action Plan and the Global Stocktake (GST) of the Paris Agreement to integrate human rights protections. Additionally, it calls for a protocol to ensure that countries hosting COPs guarantee freedom of association and assembly for civil society and Indigenous representatives.
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Document type: Briefing
Declaration of the African Caravans for Climate Justice ahead of COP 27
The Declaration of the African Caravans for Climate Justice argues that colonialism is a primary driver of climate change and calls for a transition from debt-based climate finance to grants. It demands that wealthy nations meet the $100 billion annual pledge, establish a dedicated loss and damage financing mechanism, and halt new investments in fossil fuels and nuclear power. The document emphasizes the need for peasant agroecology, community land security, and the meaningful inclusion of women and youth in climate governance.
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Document type: Statement
Applying a human rights-based approach
The briefing argues that a human rights-based approach is an essential condition for stopping biodiversity loss in an equitable manner. It recommends that the post-2020 Global Biodiversity Framework (GBF) explicitly reference international human rights instruments, adopt a formal definition of 'human rights-based approach', and establish review mechanisms to monitor compliance. Key priorities include securing the land tenure rights of indigenous peoples and local communities (IPLCs), ensuring equitable governance in area-based measures, and protecting human environmental rights defenders.
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Document type: Briefing
LEGAL AND INSTITUTIONAL ASPECTS OF RECOGNIZING AND SUPPORTING CONSERVATION BY INDIGENOUS PEOPLES AND LOCAL COMMUNITIES
The report examines the interaction between ICCAs and international and national laws, finding that while international instruments and some national policies show progress, systemic gaps and discriminatory implementation continue to threaten these areas. It highlights the critical need for the recognition of customary land rights, self-determination, and integrated socio-ecological legislation to support community-led conservation.
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Document type: Report
Introduction to the United Nations Human Rights System
The document outlines the UN human rights framework, distinguishing between charter-based and treaty-based monitoring mechanisms. It details the 'International Bill of Human Rights' and other core treaties, while highlighting specialized bodies such as the Special Rapporteur, the Expert Mechanism, and the Permanent Forum on Indigenous Issues. The guide provides practical advice for communities on filing complaints, participating in UN sessions, and utilizing National Human Rights Institutions to advocate for their rights.
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Document type: Guide
Introducción al sistema de derechos humanos de las Naciones Unidas
The document outlines the UN human rights framework, distinguishing between Charter-based and Treaty-based mechanisms. It details the International Bill of Human Rights and specific instruments for indigenous peoples, such as UNDRIP and ILO Convention 169, while providing practical guidance on submitting complaints and participating in UN forums.
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Document type: Guide
A HANDBOOK FOR ENVIRONMENTAL AND LAND RIGHTS DEFENDERS IN KENYA
The document serves as a legal empowerment guide for environmental and land rights defenders (ELRDs) in Kenya, detailing the constitutional and statutory protections available to them. It identifies key threats faced by defenders—such as harassment, illegal arrests, and forced evictions—and attributes these to drivers like competition over scarce natural resources and power inequality. The guide outlines how to lodge complaints with national bodies including the Commission on Administrative Justice (CAJ), the Independent Policing Oversight Authority (IPOA), and the Kenya National Commission on Human Rights (KNCHR). It also lists various international and regional civil society organisations that provide emergency funding and legal support to defenders.
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Document type: Guide
THE LAMU COUNTY BIOCULTURAL COMMUNITY PROTOCOL
The Lamu County Bio-Cultural Community Protocol (BCP) is a communal document created by the Bajun, Swahili, Sanye, Aweer, and Orma communities to protect their ancestral lands and nature-based livelihoods. It details the diverse economic niches of these groups—including fishing, pastoralism, and hunting-gathering—and the traditional conservation methods they employ. The document strongly opposes the LAPSSET project and the Amu Power coal plant, citing a lack of free, prior, and informed consent, threats to biodiversity, and the risk of cultural erasure. It concludes by demanding legal recognition of community land rights and the adoption of renewable energy alternatives.
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Document type: Report
LAND VALUE (AMENDMENT) ACT, 2019
The Land Value (Amendment) Act, 2019, allows the Kenyan government to take possession of land before paying compensation, with a payment window of up to one year. The Act repeals the requirement for Free Prior Informed Consent (FPIC) for displaced persons and adopts a market-value approach for community land valuation, which may ignore non-monetary cultural and livelihood values. Furthermore, the requirement to prove six years of uninterrupted occupation for unregistered land is identified as a barrier for itinerant pastoralists.
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Document type: Fact sheet
WHAT TO KNOW ABOUT THE NEW LAND LAW
The document outlines the transition of Mozambique's land tenure from state ownership to a proposed system that privatises land. It criticises Draft 1 of the new Land Law for lacking legal guarantees for communities, failing to protect against forced displacement, and restricting access to 'unavailable land'. The text highlights that previous consultations for Draft 0 were inadequate, reaching only approximately 75,000 people out of a population of 32 million, and urges citizens to exercise their constitutional right to participate before the February 29, 2024, deadline for comments on Draft 1.
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Document type: Fact sheet
Protegendo o Conhecimento Tradicional em Moçambique: Quadros jurídicos e institucionais vigentes
The report analyzes Mozambique's legal landscape regarding traditional knowledge (TK), highlighting a fragmented system where protection is often indirect. While the 2007 ABS Regulation (Decree No. 19/2007) is the primary tool for biodiversity-related TK, it faces implementation challenges and is currently under revision. Other frameworks, including the Industrial Property Code and Copyright Law, offer limited or specific protections like geographical indications. The document emphasizes the role of community participation in natural resource management and identifies poverty, weak community institutions, and lack of legal awareness as major barriers to effective TK protection.
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Document type: Report
“Forest gives us everything”
The report details the traditional ecological knowledge and resource governance of communities in the Sariska Tiger Reserve, while highlighting systemic challenges regarding land tenure, relocation, and the lack of basic amenities.
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Document type: Report
FROM LAND TO LEADERSHIP
The document outlines the process of creating community conservancies in Kenya, emphasizing the necessity of land registration under the Community Land Act 2016 to ensure tenure security. It details various legal registration options—including CBOs, NGOs, trusts, and cooperatives—and proposes governance models that balance community leadership with stakeholder collaboration. The guide provides a framework for developing management plans, securing wildlife, and negotiating fair contracts with private investors. Additionally, it advocates for the integration of traditional indigenous knowledge and the use of Bio-cultural Community Protocols to address climate change and biodiversity loss.
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Document type: Guide
Abridged Version of the Written Submissions on The Petroleum (Exploration, Development and Production) Bill, 2017 (page 1- 10) And The Energy Bill, 2017 (page 11- 17)
The briefing outlines specific additions and deletions for Kenya's 2017 Petroleum and Energy Bills. Key proposals focus on mandating 30-day public notice periods, ensuring the National Environment Management Authority (NEMA) oversees ecological protections, and aligning resource vesting and land compensation with the Kenyan Constitution and the Community Land Act, 2016.
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Document type: Briefing
LAWYERS FOR COMMUNITIES AND THE ENVIRONMENT
Natural Justice is an African organisation dedicated to social and environmental justice, employing a "Litigation Plus" approach that combines legal empowerment, research, policy influence, and strategic litigation. In 2024, the organisation supported over 30 strategic lawsuits across Africa, including successful challenges against Shell's seismic testing in South Africa and the annulment of an Environmental Impact Assessment for Sosian Energy Ltd in Kenya. The organisation also focuses on securing land tenure, protecting indigenous biocultural heritage in Namibia and Madagascar, and defending environmental defenders, notably supporting 180 activists through an emergency fund, including those protesting the East African Crude Oil Pipeline (EACOP) in Uganda. Additionally, Natural Justice engages in global policy advocacy at UN biodiversity and climate summits to promote human rights-based approaches to conservation and energy transitions.
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Document type: Report
Reducing Emissions from Deforestation and Forest Degradation (REDD+)
The document provides a comprehensive overview of the safeguards and standards associated with Reducing Emissions from Deforestation and Forest Degradation (REDD+), focusing on the UNFCCC's Cancun Agreements and other frameworks like UN-REDD, REDD+ SES, and the World Bank's FCPF. It examines the risks REDD+ poses to forest-dependent communities—such as land grabbing and displacement—and the opportunities it offers for tenure reform and gender equality. The guide emphasizes the importance of Free, Prior, and Informed Consent (FPIC) and full stakeholder participation, while detailing the challenges of translating high-level international principles into enforceable national laws. It also provides practical advice for communities to engage in advocacy, monitor national processes, and utilize grievance mechanisms.
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Document type: Guide
Mandate of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment
The submission argues that indigenous peoples and local communities (IPLCs) are the most effective guardians of biodiversity, yet they face systemic threats including non-recognition of land rights, 'fortress conservation' models, and violence against land defenders. It provides global case studies of successful community-led conservation and calls for a shift toward rights-based conservation, secure tenure, and the protection of environmental defenders.
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Document type: Report
The Three Ps
The 'Three Ps' framework (Principles, Policies and laws, and Practicalities) outlines a community-centric approach to the Just Energy Transition in Africa. It argues that for a transition to be truly 'just,' it must move beyond simple decarbonization to address historical injustices, ensure energy democracy, and protect the land and human rights of local communities. The guide emphasizes the necessity of Free, Prior and Informed Consent (FPIC), the implementation of community-owned renewable energy (CORE) models, and the provision of climate finance in the form of grants rather than loans to avoid further debt for Global South countries.
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Document type: Guide
Participatory Methodologies and Tools
The document outlines a methodology for creating community protocols through an inclusive, culturally responsive process. It categorizes tools into four types—textual, visual, verbal, and dramatic—and organizes them across five key elements: the facilitator's perspective, community background, the process of development, the outcome, and the legal landscape. The guide emphasizes the importance of building trust, ensuring the inclusion of marginalized groups, and adapting methods to the community's comfort levels and traditional forms of expression. Specific exercises are provided to map territories, analyze power dynamics, identify stakeholders, and assess the impacts of extractive or infrastructure projects.
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Document type: Guide