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20 1 1 Legality and Human Rights annual report 2011 Director’s Message Legality and human rights Forests remain prominent in global de- bates about climate change and the Forest Supporting forest peoples to use legal mechanisms to defend their rights Peoples Programme has been actively is one of the four themes in FPP’s work. Our Legal and Human Rights helping forest peoples remind policy- Programme provides legal analysis, training and capacity building and assists makers that their rights must be heeded in decision-making. Long-term scientific our partners to communicate with national governments and international studies now substantiate with statistics our human rights mechanisms. LHRP also provides legal support for our oft-made assertion that forests are best partners to defend their rights in domestic and international courts, and protected by respecting peoples’ rights: has developed ground-breaking jurisprudence on the rights of indigenous community-controlled forests slow defor- estation even more than State-protected peoples. During 2011 LHRP’s work had a strong focus on the rights of areas. However, while wider talks about indigenous women. lowering carbon emissions stall because parties are unable to forego short-term economic gains, the new ‘carbocrats’ are belatedly realising what we have long Resolution on rights of indigenous women in Africa demonstrated, that slowing deforestation The African Commission on Human and Peoples’ Rights has adopted a Resolution on involves unpicking complex webs of vested the Protection of the Rights of Indigenous Women in Africa. This followed intense interests that allocate control of forests to advocacy by FPP and our partners, calling on the African Commission to look closely at political cronies and deny them to people. the situation of indigenous women in Africa, who face multiple layers of discrimination, Paradoxically, just as the mirage of a mar- and to develop and implement standards responsive to the specific violations they ket in forest carbon recedes, we at last have experience, including to their rights to land and resources. policy-makers accepting that curbing defor- The resolution notes the persistence of violence and various forms of discrimination estation requires ‘good governance’ (tackling and marginalisation faced by indigenous women in all areas of society. The Commission corruption) and ‘forest tenure reform’ (rec- expressed concerns about the expropriation of indigenous populations’ ancestral lands ognising peoples’ rights). This is important and the prohibition of their access to the natural resources on these lands, which has a progress and, as this report shows, actual particularly serious impact on the lives of indigenous women. It urged member states reforms on the ground are increasingly to collect disaggregated data on the situation of indigenous women, to pay special evident but resistance from loggers and land attention to the status of women in their countries and to adopt laws, policies, and grabbers remains potent. Rights-based ap- specific programmes to promote and protect all their human rights. proaches to slowing deforestation are going to become more and more important as market-based options fade, and will require sustained support of all kinds. Our annual report highlights the four themes in our work on legality and human rights, climate and forests, advocating re- sponsibility by companies, and promoting community control of forests. The themes are integral to, not separate aspects of, the same challenge. Increasingly our rights work focuses on the discrimination being suffered by indigenous women in forests, advocating security for them not only by championing collective rights to lands and forests but also by helping them tackle the unjust forces that exclude them from hav- ing control of their lives. Gender justice, respect for rights and local control are keys to sustainability. We thank you for your support for our work. Samburu representatives from Kenya and a Batwa representative from Democratic Republic of Congo, Marcus Colchester, Director at the 49th Session of the African Commission on Human and Peoples’ Rights. Photo: Stéphanie Vig 1 laws & rights Highlights of 2011 The African Human Rights Commission adopted a Resolution on the Protection of the Rights of Indigenous Women in Africa. FPP published a toolkit to help indig- enous women in Africa use the African human rights system. Ugandan Batwa made a 3-D model of their ancestral lands to support their advocacy work. The Ugandan government said evicted Batwa people would be compensated. Women from indigenous and local communities in Africa were trained on women’s rights to land and resources, and means of redress. Malind people in PNG appealed to the The Special Rapporteur on the Rights of Women in Africa and indigenous representatives launching the UN’s committee against racial discrimi- toolkit for indigenous women at the African Commission. Photo: Stéphanie Vig nation (CERD) against the Merauke Integrated Food and Energy Estate threatening their lands and livelihoods. A toolkit for indigenous women in Africa FPP and partners launched a manual on Indigenous women’s rights and the African The UN’s women’s rights committee human rights system: a toolkit on mechanisms at the African Commission on Human (CEDAW) recommended that Nepal and Peoples’ Rights in Banjul, The Gambia. The launch was officiated by Commissioner improve political participation of indig- Soyata Maïga, Special Rapporteur on the Rights of Women in Africa, who also contrib- enous women and tackle bonded labour uted to the toolkit. of indigenous people. The toolkit, compiled in consultation with local, regional and international part- ners, contains information sheets explaining human rights standards pertaining to Suriname complied with the Inter- American Human Rights Commission’s indigenous women in Africa and the different mechanisms available to promote and precautionary measures for protection ensure the protection of these rights. It is a helpful resource for indigenous women’s of Maho indigenous people. organisations and NGOs in Africa to guide their human rights work. A similar toolkit is being developed for Latin America. The UN Human Rights Council adopted a report by the UN Special Rapporteur on the Teribe people of Costa Rica The Dialogue was organised in threatened by the Diquís Dam and Endorois decision on Kampala, Uganda, by FPP’s partner invasion of their lands. indigenous peoples’ Batwa organisation, UOBDU, in collabo- CERD requested discussions with rights informs regional ration with several national and inter- Indonesia on violation of indigenous meeting in Africa national organisations. Representatives peoples’ rights by oil palm concessions. from indigenous peoples and minority communities in East Africa, and govern- Following CERD decisions, PNG amend- The first East Africa Regional Dialogue ment and civil society in Uganda and ed laws denying indigenous peoples on Minority Community Rights focused Kenya, attended the meeting. the right to challenge concessions. on international standards on the rights The Batwa representatives from of indigenous peoples, and the rights of Uganda raised the issue of their land FPP and partners began legal support minority communities. rights with the Uganda Wildlife Authority to West and Central African partners The Dialogue was informed by the and the Ugandan Minister of State for to engage with FLEGT’S Voluntary Partnership Agreements. 2010 landmark decision of the African Gender and Culture, who assured the Commission on Human and Peoples’ Dialogue that the Ugandan Government An African workshop on community Rights which concluded that, by evicting would compensate Batwa for their evic- forest rights concluded that national the Endorois people from its ances- tions from their ancestral homes. laws should protect forest peoples’ tral land, the Kenyan government had The Dialogue closed with the agree- customary land and resource rights as violated the Endorois’ rights to land, re- ment to continue to develop regional ap- property rights. sources, and development. This decision proaches to link indigenous peoples and sends a strong message about govern- minorities with governmental apparatus FPP submitted jurisprudence to help ments’ obligations towards indigenous in an effort to work towards increased the new Equator Principles incorporate peoples and minorities in Africa, many respect for the rights of indigenous the right to Free, Prior and Informed of whom continue to live under extreme peoples and minorities across the East Consent. conditions and poverty. African Region. 2 laws & rights Ugandan Batwa map their ancestral forest Inspired by Okiek communities who used Participatory 3-Dimensional Modeling to engage with Kenyan agencies on their rights to their ancestral territory, the Batwa of Uganda used this technique to make their own 3-Dimensional model of their ancestral lands in the Bwindi Impenetrable and Mgahinga Gorilla National Parks. More than 100 Batwa youth, elders, women and men constructed their model over a three-week period. The wealth of information the model contains will help communities partici- pate in the future management of their ancestral lands. The model is an important tool in the Batwa’s advocacy to secure their rights and provides a common platform for pro- tected area managers and communities to work together in the long-term con- servation of the Bwindi and Mgahinga Batwa community members adding information to their model of their ancestral
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