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441 documents from Natural Justice
unpfii-13th-session-report-by-mr-cecil-le-fleur-the-chairperson-of-the-national-khoi-san-council-nkc
The report describes the National Khoi San Council's presentation at the UN Permanent Forum on Indigenous Issues and the subsequent friction with the South African government. It also highlights a global diplomatic conflict where several states, including Russia, China, and most African governments, oppose the equal participation of indigenous peoples alongside heads of state at the World Conference on Indigenous Peoples, leading to a new proposal for the UN General Assembly President to chair the event with advisors from both governments and indigenous groups.
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Document type: Report
13th session of UNPFII: African Caucus responds to the World Bank on the safeguard review process
The African Caucus warns the World Bank against ignoring its 'Stand-alone policy for Indigenous peoples' in Africa due to government objections to the term 'Indigenous', noting that the term is widely accepted by African regional bodies and national courts. The Caucus also criticizes the 'Billion Dollar Map' project—a $1 billion initiative to map Africa's mineral resources—for its lack of transparency and failure to include Indigenous representatives or mark traditional lands, which could lead to environmental degradation and social conflict.
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Document type: Statement
Reducción de emisiones debidas a la deforestación y la degradación forestal (REDD+): salvaguardias
The document explains the various safeguard frameworks governing REDD+ (Reducing Emissions from Deforestation and Forest Degradation), specifically those from the UNFCCC, UN-REDD, REDD+ SES, and the World Bank's FCPF. It highlights the risks of displacement and loss of land rights, the importance of Free, Prior and Informed Consent (FPIC), and the challenges of translating international guidelines into binding national policies. It provides practical guidance for communities to engage in national safeguard development and advocate for their rights.
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Document type: Guide
Reducción de emisiones debidas a la deforestación y la degradación forestal (REDD+)
The document provides an educational overview of REDD+ (Reducing Emissions from Deforestation and Forest Degradation), detailing its three-phase implementation process and the technical challenges of establishing reference levels for carbon emissions. It contrasts market-based financing (carbon credits) with fund-based approaches, highlighting concerns that carbon offsets may allow developed nations to avoid reducing their own emissions. The guide emphasizes significant risks to indigenous communities, including forced eviction due to land tenure insecurity and the potential for corruption in fund distribution. It evaluates the safeguards of the UN-REDD and World Bank programs, noting that while UN-REDD has stronger theoretical protections, practical implementation remains a concern, as evidenced by a case study in Vietnam where free, prior and informed consent (FPIC) was found to be deficient.
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Document type: Guide
Compensation Matters
The report analyzes the systemic power imbalances in compensation processes for extractive industries, where benefits often accrue at the state level while costs are borne by local communities. It evaluates several mechanisms for improving outcomes: Community Development Agreements (CDAs) in mining, strategic human rights litigation, and Biocultural Community Protocols. A specific case study of the Chad-Cameroon Oil & Pipeline Project illustrates the failures of individual-based monetary compensation and argues for a paradigm shift toward livelihood restoration and 'land for land' replacement.
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Document type: Report
14.02.14.WB-let-with-BIC.pdf
The document is a formal request to World Bank President Jim Yong Kim to reinstate B-SPAN, a webcasting system launched in 2000 that streamed unedited policy dialogues to the public. The authors argue that B-SPAN is essential for knowledge sharing and transparency, countering Bank officials' claims that there is low interest in lengthy policy discussions. They propose starting with the webcasting of civil society sessions at Bank-IMF meetings to help achieve the goal of ending extreme poverty by 2030.
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Document type: Statement
The Ambiguous March to Equity
The report critiques the draft EU Regulation on Access and Benefit Sharing, highlighting concerns over its temporal scope, the potential for 'regressive' interpretations of sovereign rights, and a 'light touch' administrative approach that may fail to ensure effective compliance with the Nagoya Protocol.
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Document type: Report
Exploring The Development And Use Of Biocultural Community Protocols To Help Secure Community Interests And Rights In Relation To Extractive Industries
The report outlines a methodology for creating biocultural community protocols—documents that record a community's customary laws, governance, and visions—to help them negotiate with extractive industries. It provides action research questions, guidance for facilitators, and tools for community mobilisation and external engagement, while highlighting the legal and structural challenges faced by communities in Africa, Asia, and Latin America.
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Document type: Report
A great light has gone out in the world
The document reflects on the life and legacy of Nelson Mandela, highlighting his transition from a political prisoner labeled a 'terrorist' to the first Black President of South Africa. It emphasizes his capacity for forgiveness and reconciliation as an inspiration for those fighting for equality, freedom, and justice, while noting that racial and economic divides continue to persist globally.
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Document type: Statement
Natural Justice: Statement of Support
Natural Justice expresses its support for Fellow Stella James after she shared her experiences of sexual harassment in the Journal of Indian Law and Society and testified before a Supreme Court of India committee. The organization condemns all forms of harassment and abuse of women, particularly within the legal profession, and requests that the media refer to James's original statements and respect her privacy.
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Document type: Statement
Introduction of the Wildlife Protection Amendment Bill, 2013 in India
The Wildlife Protection (Amendment) Bill, 2013 aims to strengthen wildlife law enforcement in India and align national legislation with CITES obligations. However, critics argue that the bill lacks accountability mechanisms for Gram Sabha consultations in Scheduled Areas and that increased penalties for crimes in tiger reserves may paradoxically lower conviction rates. Further concerns are raised regarding the potential for bureaucratic interference in scientific research and the disproportionate criminalization of minor permit violations.
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Document type: Briefing
THE LIVING CONVENTION
The Living Convention is a compendium of internationally recognised rights for Indigenous peoples and local communities. It uses an 'integrated rights approach' to bundle disparate legal provisions from human rights, environmental, and cultural law into a single, accessible resource. The document categorises these into substantive rights (such as land tenure and cultural integrity) and procedural rights (such as free, prior and informed consent), aiming to democratise international law for the stewards of biocultural diversity.
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Document type: Guide
LA CONVENCIÓN VIVIENTE
The document serves as a tool to democratize international law by grouping fragmented legal provisions into an integrated framework of 'Traditional Resource Rights'. It categorizes rights into substantive (e.g., land tenure, cultural integrity, and food sovereignty) and procedural (e.g., free, prior and informed consent and impact assessments), while analyzing the legal weight of binding 'hard law' versus non-binding 'soft law'.
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Document type: Guide
Petition to halt mining on mountain range in Odisha
The Mining Zone Peoples’ Solidarity Group has petitioned the Indian government to stop iron ore mining in the Khandadhar mountain range in Odisha. The group argues that mining by companies such as POSCO and Kalinga Commercial Corporation Limited (KCCL) is causing severe environmental damage, including the pollution of the Khandadhara waterfall and the destruction of vital elephant corridors. The petition highlights the threat to the Pauri Bhuiyan, a Particularly Vulnerable Tribal Group, asserting that mining activities and forced displacement constitute 'ethnocide' and violate the United Nations Declaration on the Rights of Indigenous Peoples.
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Document type: Statement
REVIEW AND UPDATE OF THE WORLD BANK ENVIRONMENTAL AND SOCIAL SAFEGUARD POLICIES
The document provides a detailed critique and set of recommendations for the World Bank's Environmental and Social Safeguard Policies. It argues that the Bank has failed to incorporate current international standards and suffers from inadequate monitoring, noting that between 1999 and 2008, more than one-third of projects were inadequately monitored. The authors advocate for the adoption of Free, Prior and Informed Consent (FPIC) as a cross-cutting requirement for all safeguards, the recognition of Indigenous Peoples’ and Community Conserved Territories and Areas (ICCAs) as legitimate conservation measures, and the integration of human rights due diligence into the Bank's operational framework.
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Document type: Report
JointIPLetter3.1.13.pdf
Civil society organizations are urging the World Bank to integrate the Inspection Panel's twenty years of experience into its safeguard policy review, arguing that the Panel's investigations provide a critical feedback loop for institutional learning.
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Document type: Statement
Exposing the Invisible
This report documents the Second Meeting of the Asian Regional Initiative on Biocultural Community Protocols (ARI-BCP), held in Bangalore from February 18 to 20, 2013, to discuss challenges and collaboration on Biocultural Community Protocols (BCPs) across South Asia.
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Document type: Report
Access or Utilisation – What Triggers User Obligations?
The report examines the 'temporal scope' of the Nagoya Protocol, specifically whether access and benefit-sharing (ABS) obligations are triggered by the initial physical access to genetic resources (GRs) and traditional knowledge (TK) or by their subsequent utilisation. It argues that the European Commission's draft proposal, which limits obligations to resources accessed after the Protocol's entry into force, contradicts the ABS laws of many provider countries (such as Ethiopia, India, and South Africa) where utilisation is the trigger. The authors contend that this discrepancy will lead to legal uncertainty for EU users, who may be compliant with EU law but liable for criminal charges in provider countries, and will disincentivise provider countries from facilitating access to their biodiversity.
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Document type: Report
Exposing The Invisible: Biocultural relationships in environmental law and policy
The report details a meeting in Bangalore where partners discussed using Biocultural Community Protocols (BCPs) to empower communities in South Asia, specifically analyzing their utility under India's Biodiversity Act, 2002 and Forest Rights Act, 2006.
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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
The report examines the status of ICCAs in Kenya, highlighting a tension between traditional community stewardship and centralized state management. It identifies key types of ICCAs, including pastoralist rangelands, sacred Kaya forests, and Locally Managed Marine Areas (LMMAs). A central theme is the impact of the 2010 Constitution, which proposes converting 'trust land' to 'community land' to provide better tenure security. The document notes that while forestry and fisheries have moved toward co-management, the wildlife sector remains highly centralized, with a ban on consumptive use since 1977. It highlights the 'Endorois case' as a landmark for indigenous land rights in Africa and discusses specific case studies like the Loita Forest and Namunyak Wildlife Conservancy to illustrate the effectiveness of local stewardship and the threats posed by government encroachment.
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Document type: Report