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441 documents from Natural Justice
Taghi Farvar, in memoriam
Natural Justice commemorates Taghi Farvar, highlighting his passion for nature and culture and committing to continue working for justice across the landscapes he cherished.
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Document type: Statement
Submission of comments for the Draft Environmental (Strategic Assessment, Integrated Impact Assessment and Audit) Regulations, 2017
Natural Justice submitted comments on Kenya's draft Environmental (Strategic Assessment, Integrated Impact Assessment and Audit) Regulations, 2017, while raising concerns about the adequacy of the public participation process.
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Document type: Statement
Joint Statement on the Strengthening of Accountability and Redress Mechanisms for Indigenous Peoples in the Context of Conservation Policies and Practices
The statement calls for the UN Permanent Forum on Indigenous Issues to convene an expert meeting in 2019 and produce a report on redress mechanisms for indigenous peoples affected by conservation activities. It recommends increased collaboration between UN mandates and urges the Convention on Biological Diversity and the IUCN to commit to human rights actions within the post-2020 biodiversity framework.
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Document type: Statement
Submissions on the Land Value Index Laws (Amendment) Bill, 2018
The document argues that the proposed amendments to the Land Value Index Laws (Amendment) Bill, 2018, risk further marginalizing vulnerable groups by reducing compensation protections, limiting judicial oversight, and removing requirements for free, prior and informed consent (FPIC). Natural Justice advocates for stricter definitions of prompt payment, the inclusion of the National Land Commission in index development, and the retention of legal safeguards to ensure livelihood restoration for displaced persons.
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Document type: Statement
Protecting and Promoting Indigenous Peoples' Rights in Academic Research Processes
This guide provides indigenous communities in South Africa with information on legal instruments and tools to manage their rights and engagement during externally-led academic research processes.
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Document type: Guide
Passing of Rodney Sibuyi
The document honors Rodney Sibuyi for his leadership of the Kukula Traditional Health Practitioners Association, specifically his work in developing Biocultural Community Protocols and promoting the sustainable use of biodiversity through traditional knowledge.
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Document type: Statement
EIA Study for proposed Salt Works
The minutes detail a public hearing where Al-Sherman Limited and an EIA expert presented plans for a proposed salt works in Kilifi County. While some residents supported the project for potential employment, significant opposition emerged regarding unresolved squatter issues on the project land, with many demanding a written agreement and National Lands Commission (NLC) resolution before work begins. Environmental concerns were raised regarding vegetation clearing, mangrove protection, water well contamination, and the impact of salt brine on marine life and local infrastructure.
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Document type: Report
Memorandum on the proposed amendments to the Environment Management and Coordination Act, 1999 (EMCA) through the Statute Law (Miscellaneous Amendments) (No. 3), Bill 2017
The memorandum, submitted by a coalition including Natural Justice, opposes amendments to the EMCA that would change the appointment of the National Environment Tribunal (NET) Chairperson from nomination by the Judicial Service Commission to election by Tribunal members. It further argues that removing automatic stay orders for environmental appeals under Section 129 would lead to irreparable environmental degradation and place an unfair financial burden on appellants.
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Document type: Statement
Democracy work: Community's push for regulatory compliance
In Isiolo, Kenya, Natural Justice and the community organization Vision of Hope successfully lobbied the National Environmental Management Authority (NEMA) and the Isiolo county public health office to address a slaughterhouse causing severe odor and pollution. By utilizing access to information requests and formal complaints based on the Environmental Management and Coordination Act and the Public Health Act, the group secured a closure notice for the facility in July, demonstrating the potential for regulatory institutions to hold businesses and government accountable.
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Document type: Case study
SUBMISSION OF COMMENTS FOR THE DRAFT ENVIRONMENTAL (STRATEGIC ASSESSMENT, INTEGRATED IMPACT ASSESSMENT AND AUDIT) REGULATIONS, 2017
The document outlines a series of recommendations to strengthen the draft 2017 Environmental Regulations in Kenya, focusing on expanding definitions of cumulative impacts, enhancing public participation, and ensuring more rigorous oversight of environmental audits and licenses.
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Document type: Statement
THE ENVIRONMENTAL (STRATEGIC ASSESSMENT, INTEGRATED IMPACT ASSESSMENT AND AUDIT) REGULATIONS, 2017
The 2017 Regulations under the Environmental Management and Co-ordination Act (Cap 387) provide a comprehensive framework for environmental assessment in Kenya. They mandate the registration and licensing of environmental experts, define the processes for project reports and Integrated Environmental Impact Assessments (IEIA) for high-risk projects, and set rules for environmental auditing and monitoring. Additionally, the regulations introduce Strategic Environmental Assessments (SEA) for policies, plans, and programmes to ensure sustainable development. The National Environment Management Authority (NEMA) is the primary regulatory body responsible for approvals, licensing, and enforcement, including the power to issue improvement notices or revoke licenses for non-compliance.
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Document type: Guide
BALANCING THE SCALES
The report examines the use of community protocols in four countries to address the impacts of extractive industries. It finds that while the processes are time-consuming and context-dependent, they can empower communities through legal training, the formation of advocacy groups, and the creation of frameworks for free, prior and informed consent (FPIC). The report highlights that early engagement is generally more effective, though protocols can still yield results during active mining operations, as seen in Zimbabwe. Key challenges include internal community conflicts, power imbalances with corporations, and the need for strong local partnerships to ensure community ownership.
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Document type: Report
The two worlds of Nagoya ABS legislation in the EU and provider countries: discrepancies and how to deal with them
The report identifies significant gaps in the EU's implementation of the Nagoya Protocol, which differs from provider countries' laws by triggering obligations at the point of physical access rather than utilization. This creates legal uncertainty and allows for the potential misappropriation of genetic resources and associated traditional knowledge, particularly through an 'import loophole' where products developed outside the EU are sold within it. The authors suggest that provider countries should strengthen their national laws and Mutually Agreed Terms (MAT) to protect their resources and the rights of indigenous peoples and local communities.
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Document type: Report
SUBMISSION OF COMMENTS FOR THE ESIA STUDY FOR THE LAMU-GARISSA ROAD SECTION OF THE LAMU PORT SOUTHERN SUDAN-ETHIOPIA TRANSPORT (LAPSSET) PROJECT
The document critiques the ESIA for the 250km Lamu-Garissa road, highlighting risks to the critically endangered Hirola antelope and the Tana River ecosystem. It argues that the preferred route (Alternative I-1) lacks species-specific wildlife crossing data and fails to allocate budget for wildlife protection in its management plan. Additionally, the authors identify failures in stormwater management planning, a lack of impact analysis for the extraction of approximately 1.375 million cubic meters of construction materials, and procedural violations of Kenyan law regarding public participation and gazette notices.
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Document type: Statement
The Passing of Andries Steenkamp
The document commemorates Andries Steenkamp, an outspoken leader from the Kalahari and the Khomani San community. He is recognized for his significant contributions to indigenous peoples in South Africa and his involvement in Intellectual Property Rights (IPR) cases concerning Hoodia, Scelletium, and Rooibos.
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Document type: Statement
Conservation standards
The document establishes a framework of 14 conservation standards to prevent human rights abuses during site-based conservation interventions. It argues that while states are primary duty bearers, non-state actors—including NGOs and philanthropic foundations—have a 'responsibility to respect' human rights. The standards are divided into rights most likely to be directly infringed (such as self-determination, free, prior and informed consent, and land rights) and those indirectly infringed (such as education and non-discriminatory employment). The authors emphasize that these standards should serve as minimum requirements for all conservation activities to avoid forced evictions, cultural deterioration, and the marginalization of indigenous governance systems.
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Document type: Research paper
AFRICA Rights and Resources Building Community Voice in the Mining Sector
The document examines the systemic marginalisation of African communities affected by mining, highlighting the gap between official policy and the reality of environmental degradation, forced relocation, and health hazards. It details specific tools for empowerment, such as community protocols in Kenya and Zimbabwe, paralegal interventions in Sierra Leone, and strategic litigation regarding silicosis in South Africa. The text emphasizes the disproportionate burden on women and the necessity of moving beyond narrow legal definitions of 'indigenous peoples' to protect all customary landholders through the principle of Free, Prior and Informed Consent (FPIC).
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Document type: Report
Community Protocol on FPIC Argentina
The document describes the political action and organizational strategies of the communities in the Cuenca de Salinas Grandes and Laguna de Guayatayoc to oppose development models that facilitate dispossession and ignore their ancestral knowledge and community history.
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Document type: Report
e-learning module on the United Nations Human Rights System
This e-learning module provides an introduction to the United Nations human rights system, focusing on its general structure and its specific application to Indigenous peoples and local communities.
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Document type: Guide
PROTECTION, PROMOTION, DEVELOPMENT AND MANAGEMENT OF INDIGENOUS KNOWLEDGE SYSTEMS BILL, 2014
The document evaluates the 2014 IKS Bill, praising its sui generis approach to protecting indigenous knowledge while urging stronger definitions of 'commercial utilisation' and 'indigenous community' to better protect vulnerable groups like the San and Khoi. It recommends aligning the Bill's objectives with the duties of the National Indigenous Knowledge Systems Office (NIKSO) and ensuring that the right to refuse access to knowledge is upheld.
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Document type: Statement