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Rights-Based Approaches the Links Between Human Rights and Biodiversity and Natural Resource Conservation Are Many and Complex Rights-based approaches The links between human rights and biodiversity and natural resource conservation are many and complex. The conservation community is being challenged to take stronger measures to respect human rights and is taking opportunities to further their realisation. ‘Rights-based approaches’ (RBAs) to conservation are a promising way forward, but also raise a myriad of new challenges and questions, including what such approaches are, when and how they can be put into practice, and what their implications are for conservation. This volume gives an overview of key issues and questions in RBA. Rights-based approaches Rights and social justice related policies of major international organisations are reviewed. Case studies and position papers describe RBAs in a variety of contexts - protected areas, natural Exploring issues and opportunities for conservation resource management, access and bene t-sharing regimes, and proposed reduced emissions from deforestation and forest degradation (REDD) mechanisms. No one blueprint for RBA emerges. However, there are common themes: supporting conservation for Exploring issues and opportunities both procedural and substantive rights, linking rights and responsibilities, equalising power relations, providing capacity building for rights holders and duty bearers, and recognising and engaging with local leaders and local people. RBAs can support improved governance but are, in turn, shaped by the governance systems in which they operate, as well as by history, politics, socio-economics and culture. Experience and dialogue will add to a fuller understanding of the promises and challenges of RBAs to conservation. The aim of this volume is to contribute to that discussion. Campese, Campese, by Edited et al. Edited by Jessica Campese, Terry Sunderland, Thomas Greiber and Gonzalo Oviedo Rights-based approaches Exploring issues and opportunities for conservation Edited by Jessica Campese, Terry Sunderland, Thomas Greiber and Gonzalo Oviedo Disclaimer Any views expressed in this book are those of the authors. They do not necessarily represent the views of the authors’ institutions or the financial sponsors of this book. Campese, J., Sunderland, T., Greiber, T. and Oviedo, G. (eds.) 2009 Rights-based approaches: Exploring issues and opportunities for conservation. CIFOR and IUCN. Bogor, Indonesia. Cover photo by Michael Balinga Design and layout by Vidya Fitrian Printed by SUBUR Printing, Indonesia xxvi + 306 pages ISBN 978-979-1412-89-6 © by CIFOR and IUCN All rights reserved. Published in 2009 Published by Center for International Forestry Research Jl. CIFOR, Situ Gede, Bogor Barat 16115, Indonesia Tel.: +62 (251) 8622-622; Fax: +62 (251) 8622-100 E-mail: [email protected] Web site: http://www.cifor.cgiar.org Center for International Forestry Research CIFOR advances human wellbeing, environmental conservation and equity by conducting research to inform policies and practices that affect forests in developing countries. CIFOR is one of 15 centres within the Consultative Group on International Agricultural Research (CGIAR). The International Union for Conservation of Nature IUCN helps the world find pragmatic solutions to our most pressing environment and development challenges through supporting scientific research, managing field projects, and bringing governments, non-governmental organizations, United Nations agencies, companies and local communities together to develop and implement policy, laws and best practice. www.iucn.org Table of Contents Acronyms and abbreviations v Who we are ix Acknowledgements xvi Foreword xvii A roadmap for readers xix Jessica Campese, Terry Sunderland, Thomas Greiber and Gonzalo Oviedo Chapter 1 Rights-based approaches to conservation: 1 An overview of concepts and questions Jessica Campese Chapter 2 Conservation and human rights—Who says what? 47 A review of international law and policy Linda Siegele, Dilys Roe, Alessandra Giuliani and Nicholas Winer Chapter 3 The conversatorio for citizen action: 77 Fulfilling rights and responsibilities in natural resource management in Colombia Jenny Springer and Kate Studd Chapter 4 Enhancing rights and local level accountability in 97 water management in the Middle East: Conceptual framework and case studies from Palestine and Jordan Peter Laban, Fidaa Haddad and Buthaina Mizyed Chapter 5 Conservation and human rights in the context of 123 native title in Australia Lisa M Strelein and Jessica K Weir iv Rights-based approaches Exploring issues and opportunities for conservation Chapter 6 Where conservation and community coincide: 141 A human rights approach to conservation and development in the Cape Floristic Region, South Africa Wendy Crane, Trevor Sandwith, Eleanor McGregor and Amanda Younge Chapter 7 Rights-based conservation and the quality of life of 163 indigenous people in the Bolivian Chaco Michael Painter Chapter 8 Rights-based approaches to natural resource management in 185 buffer zone community forests: Learning from the grassroots Sudeep Jana Chapter 9 Seeking respect for a Sherpa community conserved area: 203 Responsibility, recognition and rights in the Mount Everest region of Nepal Stan Stevens Chapter 10 My rights, your obligations: 233 Questions of equity in Indonesia’s protected areas Moira Moeliono and Elizabeth Linda Yuliani Chapter 11 Integrating gender equality and equity in access and 251 benefit-sharing governance through a rights-based approach Gabriela Mata and Adél Anna Sasvári Chapter 12 Reduced emissions from deforestation and forest degradation 269 (REDD) and human rights Kathleen Lawlor and David Huberman Chapter 13 What have we learned and where do we go from here? 287 Jessica Campese, Terry Sunderland, Thomas Greiber and Gonzalo Oviedo Acronyms and abbreviations ABS Access and Benefit Sharing ACM Adaptive Collaborative Management ACT Australian Capital Territory ADB Asian Development Bank ASCONAR Asociación de Concheras de Nariño (Nariño clam collectors association, Colombia) ASDES Corporación de Asesorias para el Desarollo (Corporation of lawyers for development, Colombia) BMR Baviaanskloof Mega-Reserve (South Africa) BZCF Buffer Zone Community Forests (Nepal) BZMC Buffer Zone Management Council (Nepal) CAPE Cape Action for People and the Environment (South Africa) CABI Capitanía de Alto y Bajo Isoso (Bolivia) CBD Convention on Biological Diversity CCA Community Conserved Area CCBA Carbon, Community, and Biodiversity Alliance CDO Community Development Organisation (Nepal) CEDAW Convention on the Elimination of All Forms of Discrimination Against Women CEESP Commission on Environmental, Economic, and Social Policy (IUCN) CERD International Convention on the Elimination of All Forms of Racial Discrimination CESCR Committee on Economic, Social, and Cultural Rights CI Conservation International CIFOR Center for International Forestry Research CNP Chitwan National Park (Nepal) COICA Coordinator of Indigenous Organizations of the Amazon Basin vi Rights-based approaches Exploring issues and opportunities for conservation DEAET Department of Economic Affairs, Environment and Tourism (Eastern Cape Province, South Africa) DECRIPS United Nations Declaration on the Rights of Indigenous Peoples DFID Department for International Development (United Kingdom) DIHR Danish Institute for Human Rights DLA Department of Land Affairs (South Africa) DNPWC Department of National Parks and Wildlife Conservation (Nepal) ECPB Eastern Cape Parks Board (South Africa) EMPOWERS Euro-Med Participatory Water Resources Scenarios FAO Food and Agriculture Organization of the United Nations FECOFUN Federation of Community Forest Users (Nepal) FIAN Food First Information and Action Network FIELD Foundation for International Environmental Law and Development FoE Friends of the Earth FPIC Free, Prior, Informed Consent GTB GasTransBoliviano HRBA Human Rights Based Approach HRCA Human Rights Compliance Assessment HRIA Human Rights Impact Assessment IADB Inter-American Development Bank ICCA Indigenous Community Conserved Area ICCPR International Convention on Civil and Political Rights ICESCR International Convention on Economic, Social, and Cultural Rights IFC International Finance Corporation IIED International Institute on Environment and Development Rights-based approaches Exploring issues and opportunities for conservation vii ILO International Labour Organization INRA Instituto Nacional de Reforma Agraria (National agrarian reform institute, Bolivia) INVEMAR Instituto de Investigaciones Marinas y Costeras (National marine research institute, Colombia) IPA Indigenous Protected Area IPCC Intergovernmental Panel on Climate Change IPCCA Indigenous Peoples’ and Community Conserved Area IUCN International Union for the Conservation of Nature JSC Joint Services Council (Palestine) KCCA Khumbu Community Conserved Area (Nepal) KINP Kaa-Iya del Gran Chaco National Park and Integrated Management Area (Bolivia) MAT Mutually Agreed Terms MEA Multilateral Environmental Agreement (and Millennium Ecosystem Assessment) MENA Middle East and North Africa (IUCN Region) NBSAP National Biodiversity Strategies and Action Plans NTA Native Title Act (Australia) OECD Organisation for Economic Co-operation and Development OP Operational Policy PA Protected Area PAR Participatory Action Research PARF Protected Area People’s Right Federation (National coalition of communities affected by protected areas, Nepal) PIC Prior, Informed Consent PMU Project Management Unit PRA Participatory Rapid Appraisal PTD Participatory Technology Development
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