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359 documents from Natural Justice
AN ANALYSIS OF INTERNATIONAL LAW, NATIONAL LEGISLATION, JUDGEMENTS, AND INSTITUTIONS AS THEY INTERRELATE WITH TERRITORIES AND AREAS CONSERVED BY INDIGENOUS PEOPLES AND LOCAL COMMUNITIES
This report analyzes the legal and institutional frameworks governing Indigenous Territories and Community-Conserved Areas (ICCAs) in Malaysia, with a primary focus on Sabah. It examines the tension between traditional customary land rights (adat) and state-led economic development, particularly the expansion of oil palm plantations and logging. The document details the potential for integrating community-led conservation into formal protected area networks and reviews landmark court cases in Peninsular Malaysia and Sarawak that have shaped the recognition of native title.
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Document type: Report
AN ANALYSIS OF INTERNATIONAL LAW, NATIONAL LEGISLATION, JUDGEMENTS, AND INSTITUTIONS AS THEY INTERRELATE WITH TERRITORIES AND AREAS CONSERVED BY INDIGENOUS PEOPLES AND LOCAL COMMUNITIES
This report analyzes the legal and institutional frameworks governing Indigenous Peoples’ and Local Communities Conserved Territories and Areas (ICCAs) in the Philippines. It examines the tension between the Indigenous Peoples Rights Act (IPRA) of 1997 and other state laws, such as the Philippine Mining Act of 1995 and the National Integrated Protected Areas System (NIPAS) Act of 1992, highlighting how the 'Regalian Doctrine' often undermines community land rights and local governance.
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Document type: Report
AN ANALYSIS OF INTERNATIONAL LAW, NATIONAL LEGISLATION, JUDGEMENTS, AND INSTITUTIONS AS THEY INTERRELATE WITH TERRITORIES AND AREAS CONSERVED BY INDIGENOUS PEOPLES AND LOCAL COMMUNITIES
This report analyzes the legal and institutional framework surrounding Territories and Areas Conserved by Indigenous Peoples and Local Communities (ICCAs) in Taiwan. It examines the tension between traditional indigenous stewardship and a centralized state management system, highlighting the lack of explicit legal recognition for ICCAs despite recent legislative steps like the Basic Act of Indigenous Peoples.
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Document type: Report
AN ANALYSIS OF INTERNATIONAL LAW, NATIONAL LEGISLATION, JUDGEMENTS, AND INSTITUTIONS AS THEY INTERRELATE WITH TERRITORIES AND AREAS CONSERVED BY INDIGENOUS PEOPLES AND LOCAL COMMUNITIES
This report analyzes the legal, institutional, and legislative frameworks governing Indigenous peoples' conserved territories and areas conserved by Indigenous peoples and local communities (ICCAs) in Australia. It details the pathways to Indigenous land ownership, the mechanisms for joint management of national parks, and the emergence of Indigenous Protected Areas (IPAs). The document examines the intersection of national laws—such as the Native Title Act 1993—with international human rights standards and provides case studies on specific conservation models.
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Document type: Report
Protocolos Comunitarios Bioculturales: Kit de Herramientas para Facilitadores Comunitarios
The 'Protocolos Comunitarios Bioculturales: Kit de Herramientas para Facilitadores Comunitarios' is a comprehensive guide published by Natural Justice in 2012. It provides a framework and a set of participatory tools to help Indigenous Peoples and local communities document their customary laws, values, and governance systems into 'biocultural community protocols'. These protocols are designed to empower communities to manage their territories, protect their collective biocultural heritage, and negotiate on equal terms with external actors such as governments, corporations, and NGOs.
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Document type: Guide
Biocultural Community Protocols: A Toolkit for Community Facilitators
Biocultural Community Protocols: A Toolkit for Community Facilitators is a comprehensive guide published by Natural Justice in 2012. It provides Indigenous peoples and local communities with a framework to document their customary laws, values, and decision-making processes into 'biocultural community protocols'. These instruments are designed to help communities secure their rights and territories, manage interactions with external actors (such as governments, researchers, and companies), and advocate for the stewardship of their collective biocultural heritage.
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Document type: Guide
Faraway, So Close: A Legal Analysis of the Increasing Interactions between the Convention on Biological Diversity and Climate Change Law
This text is an abstract for a working paper by Elisa Morgera that examines the increasing legal interactions between the Convention on Biological Diversity (CBD) and climate change law, highlighting a significant acceleration in related decisions following the CBD COP X in October 2010 in Nagoya, Japan.
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Document type: Research paper
Canada finally endorses UNDRIP
A statement by Natural Justice regarding Canada's endorsement of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) on November 12, 2010, contrasting this move with Canada's previous obstructionist behavior at the COP10 biodiversity conference.
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Document type: Statement
Civil Society Statement in Plenary
A statement from a civil society drafting group, involving Natural Justice, warns that the COP will fail unless Northern governments adopt a legally binding Access and Benefit-Sharing (ABS) Protocol with strong enforcement to prevent biopiracy and protect the rights of Indigenous Peoples and Local Communities.
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Document type: Statement
A community approach to sharing traditional knowledge for non-commercial research
This report proposes the creation of a 'Traditional Knowledge (TK) Commons' to facilitate the sharing of traditional knowledge for non-commercial research while preserving the biospiritual virtues and cultural integrity of indigenous and local communities (ILCs). It argues against the wholesale commodification of TK, suggesting instead a licensing system that ensures reciprocity, non-appropriation, and the continued flow of knowledge back to the source communities.
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Document type: Report
13.11.2018-public-meeting-notes-and-attendance-list-e643bcc64a7f4dac.pdf
Minutes from a public consultation meeting held on 13 November 2018 at Boji Primary School in Isiolo County, Kenya, regarding the proposed Lokichar to Lamu Crude Oil Pipeline (LLCOP) project. The meeting, conducted by Golder Associates and ESF Consultants, aimed to inform stakeholders about the project's scope, the Environmental and Social Impact Assessment (ESIA) process, and to gather community feedback.
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Document type: Report
abs-toolkit_aloe-ferox_mailer-1-811cbc9fd9376e43.pdf
This guide, published by Natural Justice, provides a comprehensive toolkit for Indigenous Peoples and Local Communities in Southern Africa to navigate Access and Benefit-sharing (ABS) processes. It focuses on protecting Traditional Knowledge and natural resources, specifically highlighting the case of Aloe ferox, while explaining the legal frameworks, negotiation strategies, and conservation tools available to ensure fair and equitable benefits from the commercial or scientific use of biological resources.
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Document type: Guide
ACCESS AND BENEFIT-SHARING TOOLKIT
The Access and Benefit-Sharing (ABS) Toolkit provides a framework for Southern African communities to protect their Traditional Knowledge and biological resources. It explains the ABS process—where providers and users negotiate access and benefits—and highlights the role of Biocultural Community Protocols in strengthening community bargaining power. The guide details international frameworks like the Nagoya Protocol and South African national laws (NEMBA and BABS Regulations) that mandate permits and Free, Prior and Informed Consent (FPIC). Using Buchu as a primary example, the toolkit discusses the importance of sustainable stewardship and the potential for both monetary and non-monetary benefits, while warning against biopiracy and the limitations of ABS in resolving land rights issues.
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Document type: Guide
Access and Benefit Sharing E-Learning Series on International Frameworks that Support Indigenous Peoples, Local Communities, and Their Territories and Areas
This guide, published by Natural Justice, introduces the concept of Access and Benefit Sharing (ABS) and its implications for Indigenous peoples and local communities. It details the international legal frameworks—primarily the Convention on Biological Diversity (CBD) and the Nagoya Protocol—that aim to ensure the fair and equitable sharing of benefits arising from the use of genetic resources and traditional knowledge. The document outlines the rights and responsibilities of communities, governments, and the private sector, while highlighting practical challenges such as the requirement for state-recognized resource rights and the absence of the 'freedom' element in the CBD's definition of prior informed consent.
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Document type: Guide
Acceso y participación en los beneficios
This guide by Natural Justice introduces the concept of Access and Benefit-Sharing (ABS), focusing on the rights and responsibilities of indigenous peoples and local communities regarding genetic resources and traditional knowledge. It outlines international legal frameworks, such as the Convention on Biological Diversity and the Nagoya Protocol, to help communities negotiate fair terms with external researchers and governments.
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Document type: Guide
Defenders demands
A statement from the second annual African Environmental Defenders Regional Convening in 2024 outlining demands for the protection of environmental and land defenders, the adoption of a regional treaty, and a shift toward community-led conservation and rights-based climate solutions.
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Document type: Statement
TGS Geofisiese Maatskappy Weskus Seismiese Opname
A fact sheet detailing a legal challenge by Aukotowa Fisheries Primary Co-operative, The Green Connection, and Natural Justice against a proposed 3D seismic survey for oil and gas on South Africa's West Coast. The challenge is based on lack of legal authority, failure to protect the coastline, negative impacts on marine ecosystems and small-scale fisheries, and incompatibility with the Paris Agreement and global decarbonization trends.
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Document type: Fact sheet
al-sherman_public-hearing_kadzuyuni_minutes_29.03.2018-f06c680f74a406d5.pdf
Minutes from a public hearing held on March 29, 2018, in Kadzuyuni regarding a proposed salt works project by Al-Sherman Limited in Kilifi County, Kenya. The meeting focused on gathering community views as part of a mandatory Environmental Impact Assessment (EIA) process, with significant debate centering on land ownership and the rights of squatters.
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Document type: Report
al-sherman_public-hearing_msumarini-minutes_22.03.2018-9c3b7147166c044d.pdf
Minutes from a public baraza held on March 22, 2018, in Msumarini, regarding a proposed salt works project by Al-Sherman Limited. The meeting served as the first of three community consultations required for an Environmental Impact Assessment (EIA) study.
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Document type: Report
arrete-ministeriel-n-27149-du-31-decembre-2018-fixant-les-modalites-dorganisation-de-la-campagne-dexploitation-forestiere-de-2019-2020-559630aef56b9b8a.pdf
Ministerial Decree No. 27149 of December 31, 2018, regulates the 2019 forestry exploitation campaign in Senegal, defining the timeline (January to September 2019), the categories of contingent forest products (charcoal, construction, service, and craft wood), and the specific regions authorized for exploitation. It mandates the use of the 'meule Casamance' for carbonization and establishes a system of permits and quotas managed by the Forestry Service and local authorities. Additionally, the text includes environmental conformity certificates for an agricultural site in Thialla and the depollution of Baie de Hann.
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Document type: Statement