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441 documents from Natural Justice
ACCESS AND BENEFIT-SHARING TOOLKIT
The Access and Benefit-sharing (ABS) Toolkit is a guide for Indigenous Peoples and Local Communities in Southern Africa to navigate the legal and practical aspects of sharing genetic resources and Traditional Knowledge. It explains the ABS process, the role of Biocultural Community Protocols (BCPs) in asserting rights, and the requirements for Free, Prior and Informed Consent (FPIC). The document details the South African legal framework, including the National Environmental Management: Biodiversity Act of 2004 (NEMBA) and the BABS Regulations, while highlighting the importance of sustainable stewardship and the risks of biopiracy.
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Document type: Guide
ACCESS AND BENEFIT-SHARING TOOLKIT
The Access and Benefit-sharing (ABS) Toolkit is a resource for community members and traditional leaders in Southern Africa to manage the use of their biological resources and Traditional Knowledge by external users. It explains the ABS process, where providers (communities) and users (industry or researchers) negotiate terms for access and the sharing of monetary or non-monetary benefits. The document emphasizes the use of Biocultural Community Protocols (BCPs) to establish community rules and identity, and details the requirement for Free, Prior and Informed Consent (FPIC). It outlines the legal frameworks governing these processes, including the international Nagoya Protocol and South Africa's National Environmental Management: Biodiversity Act of 2004 (NEMBA). The toolkit also addresses intellectual property rights, conservation strategies, and the specific case of the Buchu plant in South Africa.
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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
The document serves as a guide for community facilitators to understand Access and Benefit Sharing (ABS), defined as the "fair and equitable sharing of the benefits arising from the use of genetic resources." It details the legal rights of Indigenous peoples and local communities under the Convention on Biological Diversity (CBD) and the Nagoya Protocol, emphasizing the necessity of prior and informed consent and mutually agreed terms. The guide highlights the disparity where resources are often in the Global South while benefits flow to the Global North, and it provides case studies from Southern Africa and India to illustrate the challenges of implementing fair ABS agreements. It concludes with practical advice for communities to develop biocultural community protocols and engage in advocacy to secure their rights over traditional knowledge and genetic resources.
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Document type: Guide
Acceso y participación en los beneficios
The document provides a comprehensive introduction to Access and Benefit Sharing (ABS), focusing on the rights of indigenous peoples and local communities to ensure the "fair and equitable sharing of the benefits arising from the utilization of genetic resources." It details the roles of the Convention on Biological Diversity (CBD) and the Nagoya Protocol, emphasizing the necessity of Free, Prior and Informed Consent (FPIC) and mutually agreed terms. The guide outlines the rights and responsibilities of communities, governments, and private sector users, while highlighting challenges such as the requirement for state-recognized resource rights and the historical imbalance where resources from the Global South benefit the Global North.
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Document type: Guide
TGS Geofisiese Maatskappy Weskus Seismiese Opname
The document details a legal challenge against TGS Geophysical Company's proposed 3D seismic survey off South Africa's West Coast, arguing that the authorization was unlawful, ignored climate commitments, and threatened marine ecosystems and small-scale fisheries.
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Document type: Fact sheet
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
arrete-ministeriel-n-5170-pm-du-12-mai-1970-portant-reglement-interieur-du-parc-national-de-la-basse-casamance-182d91f5db2fe962.pdf
This document is an excerpt from the Official Journal of the Republic of Senegal, dated June 13, 1970. The primary focus is Ministerial Order No. 5170 P.M. of May 12, 1970, which establishes the internal regulations for the Basse Casamance National Park, detailing restrictions on access, activities, and environmental protection.
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Document type: Statement
arrete-n-33-asd-du-22-octobre-2008-portant-reglement-interieur-de-la-reserve-naturelle-communautaire-de-la-somone-053abd1bcf347ee0.pdf
This document is a decree (Arrêté n°33-ASD) dated October 22, 2008, issued by the Sous-Préfet of Sindia, establishing the internal regulations (Règlement Intérieur) for the Somone Community Nature Reserve (Réserve Naturelle d'Intérêt Communautaire de la Somone - R.E.N.I.C.S) in Senegal.
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Document type: Guide
AUDIT COMMUNAUTAIRE DES IMPACTS DE LA CENTRALE À CHARBON DE SENDOU SUR LES COMMUNAUTÉS LOCALES
The community audit of the Sendou coal-fired power plant in Bargny, Senegal, reveals significant violations of environmental and human rights. Key findings include the discharge of hydrocarbon-contaminated wastewater into Lake Khouloup, air pollution from unconfined coal and ash piles, and the expropriation of land previously designated for victims of coastal erosion without just compensation. The report also highlights the disruption of local economic activities, specifically fish processing at Khelcom, and the restriction of access to a sacred baobab tree, violating religious freedoms.
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Document type: Report
AUDIT COMMUNAUTAIRE DES IMPACTS SOCIO-ENVIRONNEMENTAUX DE L’EXPLOITATION MINIERE ET DE LA PRODUCTION CHIMIQUE DES ICS A DAROU KHOUDOSS, MBORO ET ENVIRONS
The report details extensive environmental degradation and human rights violations linked to the operations of Industries Chimiques du Sénégal (ICS). Key findings include severe air pollution from toxic gas leaks (SO2, SO3, and fluorides) causing crop necrosis and respiratory illnesses, soil contamination with phosphorus and cadmium, and the discharge of untreated fluosilicic acid into the sea at Weuta beach. The audit also highlights the loss of agricultural livelihoods due to the expanding mining front, inadequate compensation for land expropriation, and a systemic lack of transparency regarding environmental impact assessments. It recommends that ICS improve its waste management and that the Senegalese state revise expropriation rules and sanction harmful mining practices.
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Document type: Report
AUDIT COMMUNAUTAIRE DES IMPACTS SOCIO-ENVIRONNEMENTAUX DE L’EXPLOITATION MINIERE ET DE LA PRODUCTION CHIMIQUE DES ICS A DAROU KHOUDOSS, MBORO ET ENVIRONS
The report documents extensive environmental pollution, health crises, and social disruptions caused by Industries Chimiques du Sénégal (ICS) in the Tivaouane department. Key findings include severe air, soil, and water contamination, resulting in crop failure, respiratory and digestive illnesses, and the displacement of entire villages. The audit highlights a lack of transparency regarding environmental impact studies and inadequate compensation for land expropriation, calling for urgent technical reforms and state intervention to protect local communities.
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Document type: Report
Protocolos Comunitarios Bioculturales
The fact sheet describes Biocultural Community Protocols (BCPs) as endogenous, inclusive tools used by indigenous and local communities to define their rights and responsibilities under customary, state, and international law. It details how BCPs facilitate proactive responses to threats like illegal mining and infrastructure projects, and how they support the protection of traditional knowledge and biodiversity. The document provides several case studies from Africa, Asia, and Latin America, and promotes a toolkit and website for community facilitators to develop and implement these protocols.
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Document type: Fact sheet
Biocultural Protocol of the Kukula Traditional Health Practitioners Association
The Kukula Traditional Health Practitioners Association, comprising over 350 healers in South Africa's Bushbuckridge area, has established this protocol to protect their traditional knowledge and ensure the sustainable use of medicinal plants. The association highlights threats to their livelihoods, including biodiversity loss, lack of benefit-sharing from researchers, and discrimination. They advocate for secured access to medicinal plants in communal and protected areas, calling for partnerships with conservation agencies like SANParks. The protocol mandates that any access to their knowledge or biological resources by researchers or commercial bioprospectors must be approved by their Executive Committee through a process of prior informed consent, community deliberation, and ancestral consultation, adhering to both customary and South African domestic law.
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Document type: Report
Ndlela Leyi Vatshunguri va Ndhavuko Bushbuckridge va Faneleke Ku Yi Landzela Loko va Tirhisa Vutivi Bya Ndhavuko Etimhakeni Ta Vutshunguri
The document outlines the protocols and legal framework for traditional health practitioners in the Bushbuckridge area of South Africa to manage their traditional knowledge and access to medicinal plants. It addresses challenges such as illegal harvesting, lack of recognition, and restricted access to protected areas like Kruger National Park. The association seeks formal recognition from the Department of Health and collaboration with environmental agencies to ensure sustainable use of biodiversity and fair benefit-sharing.
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Document type: Guide
Protocolos Comunitarios Bioculturales: Kit de Herramientas para Facilitadores Comunitarios
The document introduces 'biocultural community protocols' as tools for Indigenous and local communities to articulate their customary laws, values, and decision-making processes to external actors. It provides a structured four-part framework for facilitators to guide communities through the process of documentation, implementation, and reflection. The toolkit emphasizes endogenous development, legal empowerment, and participatory methods—such as community mapping, participatory video, and 'Legislative Theatre'—to reduce power asymmetries and safeguard collective biocultural heritage against external threats like land grabbing and industrial resource extraction.
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Document type: Guide
KIT de Herramientas
The document outlines a multi-step process for creating biocultural community protocols, starting with an assessment of appropriateness and moving through the 'mapping' of community identity, natural foundations, sociocultural aspects, economic principles, and political and legal frameworks. It emphasizes community-led decision-making, the protection of sensitive traditional knowledge, and the strategic consolidation of findings into a format that communicates clear messages to external decision-makers to achieve legal and political goals.
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Document type: Guide
bcp-toolkit-espanol-parte-iii-1-291b6a21be25bada.pdf
The document outlines strategies for using biocultural community protocols to establish dialogue with external stakeholders, raise awareness internally and externally, and participate in legal and administrative decision-making processes. It emphasizes the use of participatory communication tools—such as video, photography, and community mapping—to balance power dynamics and ensure Free, Prior and Informed Consent (FPIC). The guide also provides practical advice on navigating national and international legal frameworks, negotiating binding agreements, and resolving conflicts through non-violent, alternative dispute resolution mechanisms.
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Document type: Guide
bcp-toolkit-espanol-parte-iv-9a87e5f2fe5e9345.pdf
The document outlines a three-part process for managing biocultural community protocols: intrinsic analysis of community changes, extrinsic analysis of interactions with external actors, and the subsequent evaluation and revision of the protocol itself. It emphasizes participatory methods, such as the 'Most Significant Change' technique, to capture qualitative impacts on community wellbeing and gender roles. The guide also stresses the importance of keeping both internal community members and external stakeholders informed through diverse communication tools to maintain transparency and trust.
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Document type: Guide
Biocultural Community Protocols: A Toolkit for Community Facilitators
The document defines biocultural community protocols as participatory instruments used by Indigenous and local communities to document their customary laws, values, and decision-making processes. These protocols aim to bridge the gap between community worldviews and external actors—such as governments and companies—to prevent resource exploitation and ensure the respect of customary stewardship. The toolkit outlines a four-part process: understanding the community, documenting the protocol, using it for engagement, and reflecting on outcomes. It provides a wide array of participatory tools, including community sketch maps, trend line analysis, and participatory theatre, to empower communities through legal awareness and social mobilization.
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Document type: Guide
Toolkit
The document outlines a three-stage process for creating biocultural community protocols: deciding on the appropriateness of a protocol, mapping the community's foundations (identity, natural, social-cultural, economic, political, and legal), and consolidating this information into a strategic tool for external engagement. It emphasizes that protocols are context-dependent and should be community-led, avoiding external coercion. The guide provides specific tools and questions to document traditional knowledge, customary laws, and biodiversity, while cautioning facilitators to safeguard sensitive information. It concludes that while individual protocols offer self-affirmation and local change, their collective aggregation can drive broader structural and legal shifts.
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Document type: Guide