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441 documents from Natural Justice
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
summary-findings-orders-f1ca34d7a4fdaea9.pdf
This document is a summary of findings and orders from the High Court of Kenya regarding Petition No 22 of 2012. The court addressed various legal and procedural challenges brought by petitioners against the LAPSSET Project, specifically focusing on environmental assessments, public participation, indigenous rights, and the protection of cultural heritage in Lamu County.
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Document type: Report
Template for Stakeholder Comments per White Paper Section
The Biodiversity Law Centre and Natural Justice provide detailed feedback on a draft White Paper for biodiversity conservation in South Africa. While supporting the document's transformative goals and Afrocentric approach, they argue for stronger constitutional grounding in 'ecologically sustainable development,' clearer definitions of key terms like 'conservation area' and 'wildlife,' and the explicit inclusion of indigenous peoples and local communities (IPLC). They specifically call for the integration of climate change into the problem statement and the removal of GDP as a metric for biodiversity success, warning that such a measure encourages unsustainable growth.
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Document type: Statement
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
Community Protocols Toolbox
The Community Protocols Toolbox (Booklet 1) outlines five key elements facilitators must consider when supporting community-led protocol development: the facilitator's own perspective, the community's background, the development process, the intended outcomes, and the legal landscape. It emphasizes that protocols are living documents driven by internal community goals, which may range from defensive actions against harmful activities to proactive benefit-sharing agreements. The guide stresses the importance of inclusivity, particularly for women, youth, and marginalized groups, and highlights the role of customary law and legal empowerment in ensuring the process respects local realities.
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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
Developing and Using Community Protocols
The document outlines the process of creating community protocols—codified rules and procedures based on customary law—to help communities manage interactions with external parties like governments and investors. It details the role of facilitators, the common elements of a protocol (such as identity, values, and governance), and strategies for using these documents for advocacy, negotiation, and conflict resolution. A significant focus is placed on ensuring Free, Prior and Informed Consent (FPIC) and challenging top-down impact assessments through community-led evidence.
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Document type: Guide
Community Protocols and Extractive Industries
The document outlines the complexities of using community protocols within the extractive sector, emphasizing the need for community-led definitions of identity, the management of external timeframes, and the protection of sensitive information. It highlights risks such as 'elite capture' and the potential for protocols to be used as tools of coercion, while providing a framework for understanding the mining life cycle and the diverse array of stakeholders involved in large-scale investments.
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Document type: Guide
Community Protocols Toolbox
The document serves as a resource directory for communities affected by extractive industries. It categorizes tools for seeking corporate accountability, assessing human rights and the rule of law, negotiating community development agreements, and understanding the global political economy of trade, investment, and resource extraction.
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Document type: Guide
COMMUNITY PROTOCOLS TOOLBOX
The Community Protocols Toolbox is a guide designed for NGOs and civil society to support local communities in documenting their identity, customary laws, and development priorities. It emphasizes a participatory, community-led process to enable meaningful engagement and free, prior and informed consent (FPIC) when facing industrial investment projects. The toolbox includes practical methodologies—textual, visual, verbal, and dramatic—to map territories, analyze power dynamics, and navigate legal landscapes across national and international frameworks.
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Document type: Guide
tors-and-annexures-to-tors-ea867b519f405544.pdf
This document contains the Terms of Reference (TOR) for an Environmental Impact Assessment (EIA) study for the construction of salt works by Al-Sherman Limited in Kilifi County, Kenya. The proposed facility will use solar technology to produce salt from seawater and will occupy approximately 753.8 hectares of land.
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Document type: Briefing
Traditional Knowledge & Customary Sustainable Use of Biodiversity
The document explains how international law, primarily through the Convention on Biological Diversity (CBD), protects traditional knowledge and customary sustainable use of biodiversity. It details the obligations of CBD Parties under Articles 8(j) and 10(c), outlines voluntary instruments like the Akwé: Kon Guidelines and the Tkarihwaié:ri Code of Ethical Conduct, and discusses other frameworks such as UNDRIP and ILO 169. The guide highlights opportunities for communities to advocate for broader rights and challenges such as the restrictive 'compatibility' requirements for legal protection.
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Document type: Guide
Los conocimientos tradicionales y la utilización consuetudinaria sostenible de la diversidad biológica
The document serves as a guide for indigenous peoples and local communities to understand their rights and responsibilities under international frameworks regarding biodiversity. It focuses heavily on the Convention on Biological Diversity (CBD), particularly Articles 8(j) and 10(c), which mandate that parties respect, preserve, and maintain traditional knowledge and encourage customary use of biological resources. The guide outlines various voluntary instruments, such as the Akwé: Kon Guidelines and the Tkarihwaié:ri Ethical Code of Conduct, and discusses other relevant frameworks from the FAO, ILO, and UN. It also identifies key challenges, such as the restrictive nature of 'compatibility' requirements for conservation and the lack of clarity regarding intellectual property rights.
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Document type: Guide
Data trends from the African Environmental Defenders Fund
Between 2022 and 2024, the African Environmental Defenders Initiative documented 232 non-lethal attacks against environmental defenders, with 67% occurring in East Africa. Uganda was the most affected country, accounting for 42% of cases, largely driven by opposition to the East African Crude Oil Pipeline (EACOP). The report identifies government (34%) and multinational/investment companies (20%) as the primary perpetrators. Women defenders face specific gendered threats, including the withholding of sanitary products during detention and social stigmatization. The document also details country-specific conflicts, such as conservation-linked violence in Kenya, industrial mining in the DRC, and illegal logging in Madagascar, while highlighting the role of the African Environmental Defenders Fund in providing emergency legal and psychosocial support.
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Document type: Report
United Nations Declaration on the Rights of Indigenous Peoples
The document serves as a guide to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), detailing the collective and individual rights of Indigenous peoples, including self-determination and free, prior and informed consent. It outlines the responsibilities of States and the UN, provides criteria for identifying Indigenous peoples, and offers practical avenues for reporting human rights violations through UN mechanisms. The guide specifically highlights the intersection of UNDRIP with biological diversity, conservation, and land rights.
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Document type: Guide
The World Bank and other International Financial Institutions must uphold human rights in all activities they support
The document argues that international financial institutions (IFIs) often fund projects in energy, resource extraction, and infrastructure that lead to human rights abuses and environmental damage. It calls on the UN Human Rights Council to hold these institutions and their member states accountable, recommending the adoption of human rights due diligence, impact assessments, and safeguard policies consistent with international law.
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Document type: Statement
FACT SHEET: Upstream Petroleum Resources Development Bill
The Upstream Petroleum Resources Development Bill aims to accelerate petroleum exploitation in South Africa, but Natural Justice argues it conflicts with the Paris Agreement and the UNFCCC. The document highlights risks to biodiversity, a lack of meaningful public consultation, and a failure to coordinate a climate action response across government levels.
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Document type: Fact sheet
What You Need to Know About the Proposed Nuclear Power Plant in Uyombo, Kilifi
The document critiques the proposed nuclear power plant in Uyombo, Kilifi, Kenya, highlighting a lack of transparency in the Strategic Environmental Assessment (SEA) and a failure to follow legal requirements for public participation. It warns of severe health and environmental risks, including radioactive waste management failures and marine ecosystem disruption. The text further notes that Kenya lacks membership in key international nuclear safety agreements and that the estimated USD 5 billion cost per plant could increase electricity tariffs for consumers. The author calls for the Parliamentary Committee on Environment and Natural Resources to halt the process and prioritise renewable energy alternatives like solar, wind, and geothermal.
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Document type: Fact sheet
EoI_P&P_
This document is a series of annexes from an Environmental and Social Impact Assessment (ESIA) report for the proposed Nairobi Expressway project. It includes technical specifications of the road's alignment, biodiversity data, minutes from public consultation meetings held in November and December 2019, and detailed plans for the relocation of water, sewer, and power utilities.
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Document type: Report
BLOOD, SWEAT, AND TEARS: COMMUNITY REDRESS STRATEGIES AND THEIR EFFECTIVENESS IN MITIGATING THE IMPACTS OF EXTRACTIVES AND RELATED INFRASTRUCTURE PROJECTS IN SOUTH AFRICA: 2008–2018
The report assesses how communities in South Africa have used litigation, protest, and media coverage to combat the impacts of coal and platinum mining. It identifies significant failures in the regulatory governance of the Department of Mineral Resources (DMR) and Department of Water and Sanitation (DWS), noting a 'compliance and enforcement deficit' caused by legislative loopholes and conflicts of interest. While litigation is the most frequent strategy, the report argues that a multi-pronged approach combining legal action with community mobilisation is most effective. It highlights severe impacts including water pollution, displacement, and health crises like silicosis and black lung disease.
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Document type: Report