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441 documents from Natural Justice
ACCESS AND BENEFIT-SHARING TOOLKIT
The Access and Benefit-sharing (ABS) Toolkit by Natural Justice is a guide for Indigenous Peoples and Local Communities in Southern Africa to manage the use of their biological resources and Traditional Knowledge. It explains the ABS process, where users (industry or researchers) obtain consent from providers (communities) to use resources in exchange for monetary or non-monetary benefits. The document emphasizes the use of Biocultural Community Protocols (BCPs) to establish community rules and rights, and details the legal frameworks governing these processes, including the international Nagoya Protocol and South Africa's National Environmental Management: Biodiversity Act (NEMBA). It also addresses the role of intellectual property rights, the importance of Free, Prior and Informed Consent (FPIC), and the necessity of sustainable resource stewardship to prevent biopiracy and biodiversity loss.
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Document type: Guide
TotalEnergies in die Diep Water Oranje Kom-blok
The document details a legal challenge in the Western Cape High Court scheduled for March 2026. The applicants argue that the environmental authorisation granted to TotalEnergies for exploration in the Deep Water Orange Basin (DWOB) block ignores climate commitments, underestimates oil spill risks in waters deeper than 2,000 metres, threatens the food security of small-scale fishers in areas like Port Nolloth, and fails to comply with the Integrated Coastal Management Act.
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Document type: Fact sheet
THE SITUATION OF WOMEN ENVIRONMENTAL & HUMAN RIGHTS DEFENDERS ACROSS AFRICA
The document highlights the disproportionate risks faced by women environmental and human rights defenders (WEHRDs) in Africa, including gender-based violence, criminalization, and digital attacks. It notes a significant gap in data and reporting, with women often excluded from official statistics and protection mechanisms. The brief identifies the Democratic Republic of Congo as the deadliest country for environmental defenders and calls for gender-responsive funding, legal protections, and the formal recognition of WEHRDs' leadership within UNFCCC processes and national policies.
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Document type: Policy brief
JUDICIAL REVIEW – ENVIRONMENTAL AUTHORISATION FOR EXPLORATION OF OIL AND GAS GRANTED TO SASOL / ENI – MARINE ECOLOGY EXPERT INPUT
The report concludes that the environmental impact assessment (EIA) for exploration drilling in block ER236 was scientifically inadequate regarding anthropogenic noise. The author argues that the study's determination of 'minor' noise impacts is premature because it failed to include an acoustician on the team and ignored critical factors such as the effects on commercially important fish, prey species, and the physiological impacts on sound-sensitive taxa. Specific failures identified include the omission of Vertical Seismic Profiling (VSP) analysis, the lack of baseline soundscape data, and the failure to model sound propagation in the Indian Ocean, which could affect Marine Protected Areas (MPAs) and Critical Biodiversity Areas (CBAs) like the Protea Banks and the Sardine Route. The report also highlights risks to migrating humpback and right whales, as well as nesting sea turtles, and calls for the adoption of the precautionary approach as outlined in IWC Resolution 2018-4.
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Document type: Report
ENVIRONMENTAL DEFENDERS AND THE ROLE OF THE IUCN
The document examines the gap between the IUCN's formal commitment to protect environmental defenders via Resolution 115 and the actual implementation of a global policy and action plan. It highlights the extreme risks faced by defenders globally and specifically in Africa, including gender-based violence against women defenders and the criminalization of activists. While noting a few regional projects and the importance of IUCN's public statements, the report argues that the organization remains largely reactive and lacks a systematic strategy, funding, and reporting mechanism to address the structural drivers of violence against those protecting nature.
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Document type: Report
THE SITUATION OF WOMEN ENVIRONMENTAL & HUMAN RIGHTS DEFENDERS ACROSS AFRICA
The document highlights the disproportionate risks faced by women environmental and human rights defenders (WEHRDs) in Africa, including gender-based violence, criminalization, and digital attacks. It notes a significant gap in data collection, where official statistics underrepresent the scale of violence against women compared to men. The report identifies the extractive industry, poaching, and state security forces as primary sources of threats, particularly in countries like the Democratic Republic of Congo, Uganda, and Kenya. It argues that WEHRDs face unique intersectional vulnerabilities based on race, class, and disability, and calls for flexible, long-term funding and gender-sensitive legal and psychosocial support to protect these activists.
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Document type: Executive summary
Gas Lifecycle Methane Emissions, Richards Bay Review
The report argues that natural gas is more damaging to the climate than coal over a 20-year period due to potent methane leaks throughout its lifecycle. It highlights that 'top-down' measurements using satellites and aircraft reveal significantly higher emissions than traditional 'bottom-up' estimates. The author notes that shale gas and Liquefied Natural Gas (LNG) further increase these emissions, making gas expansion incompatible with a livable climate. This analysis is applied to the proposed Richards Bay power plant, which may source gas from the Karoo basin or via LNG imports from the US or Australia.
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Document type: Report
Fact Sheet: TotalEnergies, Shell, and PetroSA’s Proposed Offshore Oil and Gas Exploration Drilling in the Western Cape
The document outlines a proposal by TotalEnergies, Shell, and PetroSA to drill up to five exploration wells in Block 5/6/7 off the coast of the Western Cape, South Africa. It argues that the project is unnecessary for energy security, contradicts South Africa's climate commitments to limit global warming to 1.5 degrees Celsius, and poses significant risks to marine biodiversity and local industries like fishing and tourism. The text also highlights the poor environmental and ethical track records of TotalEnergies and Shell in other African nations.
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Document type: Fact sheet
THE STATE OF THE CLIMATE JUSTICE MOVEMENT IN KENYA
The report evaluates the Climate Justice Movement (CJM) in Kenya, highlighting its role in shaping the Climate Change Act of 2016 and its ongoing efforts in policy advocacy and community resilience. While the movement is diverse—comprising CBOs, NGOs, and indigenous groups—it faces significant challenges, including shrinking civic space, internal fragmentation, and limited inclusion of Indigenous Peoples and Local Communities (IPLCs) in formal decision-making. The study recommends operationalizing the CJM engagement framework, resolving power struggles over civil society representation in the National Climate Change Council, and adopting intersectional, gender-transformative approaches to climate action.
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Document type: Report
ASPECTS JURIDIQUES ET INSTITUTIONNELS POUR RECONNAITRE ET APPUYER DE LA CONSERVATION PAR LES PEUPLES AUTOCHTONES ET LES COMMUNAUTÉS DE BASE UNE ANALYSE DU DROIT INTERNATIONAL, DE LA LEGISLATION NATIONALE, DES JUGEMENTS, ET DES INSTITUTIONS EN INTERRELATION AVEC LES TERRITOIRES ET LES AIRES DE PATRIMOINE AUTOCHTONES ET COMMUNAUTAIRES
The report analyzes the interaction between ICCAs and international law, national legislation, and institutional frameworks. It identifies systemic threats to these areas, including discriminatory law enforcement and a lack of secure land tenure. While noting positive developments like the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and specific national reforms in countries like Kenya and Bolivia, it emphasizes that state-led conservation often excludes indigenous peoples. The document provides comprehensive recommendations for legal reform, the recognition of customary land rights, and the implementation of non-legal support mechanisms to ensure the sustainability of ICCAs.
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Document type: Report
Comments on the Final Environmental Impact Assessment Report to Support the Application for Environmental Clearance Certificate (ECC) for the Proposed 2D Seismic Survey covering the area of interest (AOI) in the Petroleum Exploration License (PEL) No. 73, Kavango Sedimentary Basin, Kavango West and East Regions, Northern Namibia
Natural Justice argues that the EIA for Reconnaissance Energy Namibia's 2D seismic survey in the Kavango Sedimentary Basin fails to meet the 2012 EIA Regulations. The organization claims the assessment lacks a 'need and desirability' analysis, relies on an inadequate four-day baseline survey, and ignores significant impacts on endangered species like African wild dogs, pangolins, and elephants. Furthermore, it asserts that the project violates indigenous rights by failing to obtain free, prior, and informed consent and ignores Namibia's climate change policies and international treaty obligations regarding the Kavango-Zambezi Transfrontier Conservation Area and the Okavango Delta.
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Document type: Statement
COMMUNITY ENVIRONMENTAL AUDIT REPORT PENHALONGA
The report details the findings of a 16-month community environmental audit in Penhalonga, Zimbabwe, conducted between 2017 and 2018. It identifies significant legal and environmental violations by two gold mining companies: Redwing Mine, which is linked to air pollution from tailings dumps, water pollution from sewage and chemical runoff, and labor rights violations; and DTZ-OZGEO, which caused extensive degradation of the Mutare River, land abandonment, and cultural desecration. The document also notes a lack of transparency regarding new diamond mining prospects by the Zimbabwe Consolidated Diamond Company (ZCDC) and proposes specific environmental and social remedies.
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Document type: Report
POUR UNE GOUVERNANCE INCLUSIVE DU FONCIER COMMUNAUTAIRE AU SÉNÉGAL : SÉCURISER LES DROITS, RENFORCER LES COMMUNAUTÉS ET GARANTIR LA JUSTICE SOCIALE
The document examines the critical role of community land in Senegal for family farming and pastoralism, noting that previous reform attempts—including the 1964 law on the national domain and the 2013 National Land Reform Commission (CNRF)—have remained unfinished. It highlights the risks of large-scale land acquisition and the marginalization of customary rights, proposing five key recommendations: legal recognition of community rights, strengthening the role of local authorities, establishing local land registers, ensuring gender and intergenerational equity, and adopting a multi-stakeholder participatory approach to reform.
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Document type: Policy brief
PROJET DE RECHERCHE-ACTION « Améliorer l’implication des femmes rurales et péri-urbaines dans la gestion du changement climatique par l’autonomisation juridique au Sénégal »
The report identifies a systemic gap between the numerical presence of women in local decision-making bodies and their actual decision-making power, termed 'participation de façade'. This exclusion is driven by a deeply embedded 'patriarchal habitus', significant 'time poverty' due to domestic burdens, and a lack of legal literacy. While women are central to the fisheries and agricultural sectors, they are largely excluded from the governance of these resources. The study proposes a transition from passive resilience to active environmental citizenship through a three-pillar model of legal empowerment: critical legal literacy, climate conceptualization, and transformational leadership.
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Document type: Report
Reducing Emissions from Deforestation and Degradation (REDD) E-Learning Series on International Frameworks that Support Indigenous Peoples, Local Communities, and Their Territories and Areas
The document provides an educational overview of REDD+, explaining its goal of providing financial incentives to developing countries to reduce carbon emissions by protecting forests. It details the debate over reference levels and funding mechanisms—specifically carbon markets versus a dedicated REDD+ fund—while highlighting significant risks to Indigenous peoples, such as forced evictions and the devaluation of non-monetary forest values. The guide compares the safeguards of UN-REDD and the World Bank, noting that UN-REDD's standards are generally stronger, though implementation remains a concern.
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Document type: Guide
REGIONAL AND INTERNATIONAL HANDBOOK FOR ENVIRONMENTAL AND LAND RIGHTS DEFENDERS
The handbook provides a comprehensive guide for African environmental and land rights defenders (ELRDs), detailing the threats they face—including SLAPP suits and gender-based violence—and the legal avenues available for redress. It outlines the roles of the African Commission and African Court on Human and Peoples' Rights, as well as sub-regional courts like the ECOWAS Community Court of Justice. The document emphasizes the vulnerability of women, youth, and Indigenous communities, and provides a directory of emergency funds and support organizations.
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Document type: Guide
TEN YEARS OF NATURAL JUSTICE
Natural Justice provides legal support to Indigenous peoples and local communities in Africa, specifically in South Africa, Namibia, Zimbabwe, Kenya, Benin, Guinea, and Madagascar. The organization focuses on challenging rights infringements related to land, climate change, and extractive projects, and facilitating fair commercial transactions for traditional knowledge. Key initiatives include the development of 'community protocols' to help communities articulate their rights and the production of accessible legal resources, such as 34 national legal reviews and the Living Convention. Natural Justice also engages in international advocacy through the African Commission on Human and Peoples’ Rights and forums like the UNFCCC and CBD.
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Document type: Report
Legal Elements of the Community Protocol
The document outlines the legal challenges faced by communities regarding land and resource rights, specifically the lack of recognition for customary laws and state ownership of sub-soil resources. It provides a comprehensive directory of international instruments, such as the UN Declaration on the Rights of Indigenous Peoples and ILO Convention 169, as well as business and finance guidelines (e.g., UN Guiding Principles on Business and Human Rights, IFC Performance Standards) that can be used to empower communities. The guide suggests including customary laws, governance structures, and specific national/international legal references in community protocols to define terms for external engagement and protect cultural and environmental heritage.
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Document type: Guide
Declaración de las Naciones Unidas sobre los Derechos de los Pueblos Indígenas
The document serves as a guide for indigenous communities to understand and utilize the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). It details the historical context of the Declaration, defines 'indigenous peoples' according to international standards, and breaks down the specific individual and collective rights granted under the instrument, including self-determination and free, prior and informed consent. The guide also outlines the responsibilities of States and the UN, provides examples of national and regional implementation, and offers practical pathways for reporting human rights violations through UN mechanisms.
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Document type: Guide
Miṱodzi ya Zwifho zwa Vhongwaniwapo: VHAVENḒA BIOCULTURAL COMMUNITY PROTOCOL
The Vhavenḓa Biocultural Community Protocol is a collective document representing eleven indigenous communities in the Vhembe District of Limpopo, South Africa. It defines 'Zwifho' as sacred natural sites—including forests, lakes, and caves—that serve as the spiritual and cultural heart of the people. The document outlines the profound connection between the Vhavenḓa identity and their land, detailing the traditional governance structures led by royal families and the spiritual role of the Makhadzi. It highlights severe challenges, including forced removals during colonialism and apartheid, restricted access to ancestral sites by commercial farmers, and the threat of industrial development such as the Musina Makhado Special Economic Zone (MMSEZ). The protocol asserts the communities' rights to self-determination and Free, Prior and Informed Consent (FPIC) regarding any development on their territories. It includes a comprehensive biodiversity register and an inventory of intangible cultural heritage, ranging from rain-making rituals to traditional craftsmanship, as a means of preserving their way of life for future generations.
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Document type: Report