Shuttleworth Foundation » Our Work

Learning about intellectual property, community protocols and ABS

Holly — Tue, 24 Sep 2013 18:07:00 +0000

A training for indigenous peoples and local communities in Africa on intellectual property, biocultural community protocols (BCPs) and access and benefit sharing (ABS) is taking place in Addis Ababa, Ethiopia, from the 23rd to the 27th of September. The meeting is organized by the ABS Initiative, in collaboration with Natural Justice, the Indigenous Information Network, the Indigenous Peoples Coordination Committee of Africa and hosted by the African Union Commission.

Intellectual property protections, such as patents, are often placed over developments that have originated from the knowledge held by indigenous and local communities. Unfortunately, these communities rarely provide their consent for such actions nor are able to share in any benefits that emerge from the developments.

Therefore, African indigenous people and local community representatives have requested training on the intellectual property regime, its linkages with access and benefit sharing and tools, such as community protocols, that can be used to protect their knowledge.

During the week long training, participants will share information on patents, geographical indications, plant variety protections, trade marks, the Nagoya Protocol on Access and Benefit Sharing and community protocols.

Subscribe to NATURAL JUSTICE by Email

read original post on Holly's Site

Scaling-up Strategies to Secure Community Land and Resource Rights

Holly — Fri, 20 Sep 2013 01:37:00 +0000

From the 19th to the 20th of September, Gino Cocchiaro (Natural Justice) is attending the International Conference on Scaling-up Strategies to Secure Community Land and Resource Rights in Interlaken, Switzerland.

There is growing acknowledgement that lack of community land and resource rights has become a global crisis that undermines our progress for social, spiritual and economic well-being. Natural Justice continues to work with its community partners, advise national governments and business to address these critical issues. The meeting in Interlaken will therefore serve to:

Collect and share best practice on community land rights with a range of stakeholders, including communities, governments, civil society and private investors;
Raise the profile of community land rights as a priority issues to shape key investment and policy processes in ways to support local land and resource tenure;
Provide a forum for the new collaborations and alliances between the different actors and interests around community land and resource issues.

For more information on the conference please refer to: http://www.communitylandrights.org/

read original post on Holly's Site

Practical Approaches to Ensuring the Full and Effective Participation of Indigenous Peoples in REDD+: Assessing Experiences and Lessons to Date.

Holly — Sat, 14 Sep 2013 01:58:00 +0000

Cath Traynor (Natural Justice) attended the Joint Expert Workshop on Practical Approaches to Ensuring the Full and Effective Participation of Indigenous Peoples in REDD+: Assessing Experiences and Lessons to Date on 10-12 September at the Castle of Weilburg, Germany.

The central workshop question was “how can we encourage and enable the full and effective participation of Indigenous Peoples in REDD+ decision making?” Participants discussed local level experiences and examined national level participation of Indigenous Peoples in REDD+ country programmes. Critical issues that emerged included:

The policy and procedures which govern the operations of the Forest Carbon Partnership Facility and UN-REDD Programme are distinct and complex, and although some harmonisation of guidelines has occurred, further streamlining in line with the United Nations Declaration on the Rights of Indigenous Peoples is required.
Safeguards operational guidance is limited and implementation remains a real challenge.
Whether full and effective participation of Indigenous Peoples is possible without recognition of their rights to lands, territories and natural resources.
REDD+ processes need to take into account the customary structures of Indigenous Peoples and ensure that they are fairly represented on national REDD+ decision-making bodies and that they can meaningfully influence REDD+ processes.
Institutionalising Indigenous Peoples participation through legal frameworks and enforcement could enhance participation.
In some countries the REDD+ process has provided a space for Indigenous Peoples to enter into dialogue with governments and to call for a greater recognition of their rights.

The biocultural community protocols approach provides important lessons for local-level Indigenous Peoples participation and these could inform REDD+ processes.

The key messages from the workshop will be released shortly by the hosting institutions: the German Federal Ministry for Economic Cooperation and Development, the Forest Carbon Partnership Facility, and the UN-REDD Programme.

read original post on Holly's Site

Natural Justice and the Berne Declaration Submit New Letter to EU MEPs Regarding the Implementation of the Nagoya Protocol as the European Parliament considers its Implementation within the Union

Holly — Fri, 13 Sep 2013 19:02:00 +0000

On 6 September 13, Natural Justice and the Berne Declaration sent an letter to the Members of the European Parliament regarding the implementation of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (Nagoya Protocol) in the European Union.

The original Draft Regulation on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union presented by the European Commission (EC) in October 2012 (Draft ABS Regulation) included a number of short comings, including the fact that user obligations were only going to be triggered by the physical access of genetic resources in the provider country post ratification of the Nagoya Protocol. When the Draft was considered by the Committee on the Environment, Public Health and Food Safety (ENVI Committee) on 4 July 2013, the ENVI Committee adopted a number of amendments that addressed some of these short comings, including the modification of the scope of the regulation to include new and on-going utilizations of genetic resources (GRs) and traditional knowledge (TK). In their letter, Natural Justice and the Berne Declaration urge Members of the European Parliament to adopt the balanced proposal tabled by the ENVI Committee without further amendments.

The two organizations argue that if the ENVI Committee text were amended to revert back to access-based trigger points for user compliance, the European Regulation implementing the Nagoya Protocol would not apply to the new utilization of GRs and TK accessed before its entry into force, even when the use of such GRs and TK is newly initiated or the GRs or TK has been accessed illegally. They underscore that this approach would undermine the Nagoya Protocol’s principles in relation to the fair and equitable sharing of benefits, be inconsistent with an overwhelming body of ABS laws of provider countries, thereby increasing legal uncertainty for European users, and would lead provider countries to take extensive control measures at the moment when GRs are taken out of the country, regardless of the purpose for removal. Similar and additional arguments were submitted to EU MEPs by the African Union on behalf of the African Group on 9th September.

The upcoming vote at the European Parliament in the coming days is key as it will set the path of the next negotiation phase. In order to ensure a greater legal certainty for providers and users of GRs, as well as to facilitate access to GRs for European users and consistency with the spirit of the Nagoya Protocol, Natural Justice and the Berne Declaration therefore call for the adoption of the proposal tabled by the ENVI Committee in its current form.

See also:
Joint Letter to the European Union Committee on the Environment, Public Health and Food Safety on the EC’s Draft ABS Regulation
Letter by Indigenous Information Network and Natural Justice, signed by 53 civil society organisations and individuals, 2013

Joint Submission to the European Union on the Draft Proposal on the Implementation of the Nagoya Protocol on Access and Benefit Sharing
Submission by Natural Justice and the Berne Declaration on access, utilisation, and user obligations, 2013

read original post on Holly's Site

Block Level Training Programme on Community Forest Rights in Keounjhar District

Holly — Wed, 04 Sep 2013 20:28:00 +0000

A Series of workshops on community forest rights (CFR) was organized in Harichadanpur, Banspal & Telkoi Block of Keounjhar district on 22nd, 23rd and 24th August 2013 respectively. The programme was organized by Natural Justice’s local partner organization KIRDTI with co-operation from the district administration and Block officials. Sankar Pani of Natural Justice facilitated the workshop.

The workshops in Harichandanpurl and Telkoi Block were conducted at Block Headquarters and the Banspal workshop at Kuanar Panchayat office premises.

The Welfare Extension Officer (WEO) of Harichandanpur Block stated that approx 10,000 individual forest rights claims have been filed in the block while around 6,400 of those claims have been recognized and titles issued. He further stated that around 2,900 claims have been rejected at Gramsabha level. Approximately 99 villages have been covered in terms of distribution of title and few more villages are pending as of now. He has sought help of the local NGO to identify villages and expedite the process of community rights recognition.

Similarly the Block Development Officer (BDO) of Telkoi Block declared that approximately 3,360 individual titles have been distributed while 4 community claims are under process for recognition.

In Banspal Block the Special Officer of Juang Development Agency (JDA) has requested villagers to co-operate in implementation of CFR rights in their respective villages and has prioritized the implementation at 35 micro project villages in the first wave.

Further, a target has been set by the Block officials to identify at least 10 villages every month with help from local organizations and to then expedite CFR processes at these villages.

Subscribe to NATURAL JUSTICE by Email

read original post on Holly's Site

Theatre and the Law with the Borana Community

Holly — Mon, 02 Sep 2013 11:30:00 +0000

Natural Justice has been working with its Kenyan partner, Kivulini Trust, to support the Borana Pastoralist community assert their traditional land and resource rights. Through this process the Borana have been developing a bio-cultural community protocol (BCP) to highlight their community vision, traditional land and resource use based on their customary laws. During the week of the 19th of August, members of the Borana community, including elders, women and youth met in Isiolo town, Kenyato continue their BCP development through the use of theatre techniques. These interactive techniques facilitated discussion on issues facing the community and proposed positive solutions for change.

The visioning experience included setting out where the community is now, where it plans to be in the future and concrete steps on how it wishes to get there. The process was facilitated by community theater expert, Hjalmar Joffre-Eichhorn, who has also been working with Natural Justice and the National Khoi-San Council in South Africa.

This group of the Borana community then travelled to Marsabit County to attend the Kalacha Festival, a gathering of over 600 pastoralists from northern Kenya. During the festival the group performed a short play they had written during the week of training, which highlighted real issues affecting the Borana and other pastoralist communities. The audience included approximately 400 pastoralists and members of the Marsabit County Government, including the Governor. Using forum theatre techniques, the audience was invited to participate by proposing solutions to address the issues they had just witnessed in the play.

During the festival, Gino Cocchiaro (Natural Justice) and Hassan Roba (Kivulini Trust) also held a panel session on pastoralism in Kenya, focusing on community land rights.

Subscribe to NATURAL JUSTICE by Email

read original post on Holly's Site

Natural Justice attends Fracking Lecture at University of Western Cape

Holly — Wed, 28 Aug 2013 10:29:00 +0000

On 26 August 2013, Stephanie Booker and Lesle Jansen of Natural Justice attending a lecture entitled: “Fracking: Towards a Promised Land or a Broken Promise” presented by Ralhus, a project of the Faculty of Law of the University of Western Cape.

A Fracking billboard at the lecture

Three guest lecturers, Professor Jan Glazewski of the Institute of Marine and Environmental Law at the University of Cape Town, Jonathon Deal from Treasure the Karoo Action Group and Matt Ash of Norton Rose Fulbright, presented on various topics within the current fracking debate in South Africa. Presentations included taking a precautionary and principled approach towards fracking within the South African legal framework, whether the efficacy of shale gas mining for South Africa has been sufficiently proven to permit exploration and an analysis of facts on shale gas and hydraulic fracturing.

Presentations were followed by a lively panel discussion of the different viewpoints within the fracking debate in South Africa, considering South Africa’s current energy requirements, the need for a strategic environmental assessment and actual potential for community inclusion in future employment and benefit sharing.

Subscribe to NATURAL JUSTICE by Email

read original post on Holly's Site

Natural Justice legally supports the National Khoi-San Council in historic benefit sharing agreement

Holly — Thu, 22 Aug 2013 11:22:00 +0000

On 19 August 2013, the indigenous San and Khoikhoi groups signed a historic benefit sharing agreement with Cape Kingdom Nutraceuticals Pty under South Africa’s Biodiversity Act 10 of 2004. Cape Kingdom Nutraceuticals is a pharmaceutical company that processes Buchu, a small shrub endemic to the Western Cape used for its essential oils. Buchu’s medicinal qualities are associated with the traditional knowledge (TK) of the Khoikhoi and San peoples. The agreement acknowledges that the Khoikhoi and San’s medicinal plant knowledge predates that of subsequent South African inhabitants and that the Khoikhoi and San are “legally entitled to a fair and equitable share of the benefits that result from the commercial development of the Buchu plant.” Although the San Council was previously involved in entering into similar agreements, this marks the first time the Khoikhoi represented by the National Khoi-San Council (NKC), entered into such an agreement where their TK is recognized as such.

During November 2012 Natural Justice entered into a memorandum of understanding with the National Khoi-San Council. Under this agreement, Natural Justice offers legal support to the NKC in its ongoing struggle for legal recognition of its collective rights which includes amongst others, legal processes relating to benefit sharing. Natural Justice was also able to assist the NKC in forming a negotiating team with the San council represented by Roger Chennels. In terms of this historic partnership,the NKC and the San council act as a representative structure for the Khoikhoi and San peoples to protect their rights around associated traditional knowledge for related plants.

It is all too rare for a private company to recognize, especially financially, traditional knowledge and the intellectual property rights of indigenous peoples. Under the benefit sharing agreement with Cape Kingdom, the Khoikhoi and San communities will receive 3 percent of the profits related to Buchu products. Cape Kingdom also commits to share its knowledge of the commercial use of the plant with the indigenous communities in exchange for the San and Khoikhoi endorsing the products. In response to the agreement, NKC Chairperson Cecil LeFleur stated: “We are very proud and excited to be part of this process. Today we share the benefits of our historical knowledge with Cape Kingdom Nutraceuticals. We feel that this partnership will be to the benefit of the Khoikhoi and San people in South Africa, and will contribute to our development and empowerment.”

Subscribe to NATURAL JUSTICE by Email

read original post on Holly's Site

2013 Global Environments Summer Academy (GESA)

Holly — Wed, 14 Aug 2013 19:00:00 +0000

In early August, Natural Justice participated in the 2013 Global Environments Summer Academy (GESA) on socio-ecological interactions that brought together eighteen young environmental change-makers from around the world and from a myriad of sectors, professions and disciplines. Most participants have extensive experience in working with indigenous and local communities.

Marie Wilke from Natural Justice and a GESA alumni lead a three-day workshop on “Law, Policy & Advocacy”. The aim of the course was to equip the participants with the tools needed to proactively engage with international, regional and domestic law-making and shaping processes. Through interactive group work, case studies and moot courts the course aimed at making law available to non-lawyers and to introduce useful approaches for engaging in legislative and adjudicative processes.

During the first day the participants produced small universes of international law by ordering different international organizations, laws, courts and actors that they were familiar with according to themes, legal subjects and hierarchies.

These systems informed the group work on day two, when the participants developed legal strategies for three fictional indigenous and local communities that were confronted with challenging policy changes such as large-scale infrastructure projects, prohibitions of customary practices for conservation and animal welfare reasons, and land right reforms and competing land claims. Some groups opted for court action in the light of recent jurisprudential developments, in particular in regional human right courts, while others preferred negotiated settlements. Importantly, using Natural Justice’s Toolkit, all groups found that bio-cultural community protocols were useful tools for jointly developing legal strategies with the communities.

On day three the GESA participants argued a fictional case before the International Court of Justice (ICJ). The Moot Court case developed by the International Law Student Association (ILSA) concerned a small island nation that lost it’s homeland due to rising sea levels and that now struggles to find a new land and appropriate shelter for it’s climate refugees. The participants developed important legal arguments on the status of climate refugees, the collective responsibility for climate change, and on responsible developing lending. The diverse backgrounds of the participants were definitely of great help as all suggested approaches were informed by the perspectives of non-lawyers.

In a final discussion the participants agreed that international law yields many (unforeseen) opportunities for disadvantaged groups and that there is ample space for engagement, but that the biggest challenge remains the inaccessibility of law for non-lawyers.

Subscribe to NATURAL JUSTICE by Email

read original post on Holly's Site

Natural Justice partner works to alleviate poverty and protect biodiversity

Holly — Thu, 01 Aug 2013 17:50:00 +0000

Natural Justice attended the Annual General Meeting of Phyto-Trade Africa from the 29th to the 31st of July. During the 3-day meeting, Gino Cocchiaro (Natural Justice) met with Phyto-Trade members to discuss their strategies on collaborations with communities in the bio-trade industry.

Natural Justice has previously presented on its work with communities, particularly on biocultural community protocols and biocultural dialogues, which has assisted communities set out terms for engagement with biotrade companies. Natural Justice will also be collaborating with Phyto-Trade Africa and the Access and Benefit Sharing (ABS) Initiative on a programme of work that will identify best practice examples of ABS in southern Africa.

Phyto-Trade Africa is a trade association of the natural product industry in Southern Africa with an aim to alleviate poverty and protect biodiversity in the region by developing an industry that is not only economically successful but also ethical and sustainable.

read original post on Holly's Site