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 deforestation 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 responsibility 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 having 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

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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 indigenous 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 partners, 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.

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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 participate 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 protected area managers and communities to work together in the long-term conservation of the Bwindi and Mgahinga Batwa community members adding information to their model of their ancestral lands. Photo: Chris Kidd forests.

Indigenous women speak out in Nepal The report also looked at access to education and justice, and violence against With support from FPP, the National and resource rights faced by indigenous indigenous women and girls, noting the Indigenous Women’s Federation women in Nepal. This was the first time disproportionate number of indigenous (NIWF), a coalition of women’s groups indigenous women had spoken up in this persons in the statistics for trafficked from 31 different indigenous peoples’ way in Nepal, and the first opportunity women and girls. organisations, presented a report to to reflect on the impact on indigenous The Committee responded pro-active- the Committee on the Elimination of women of the sweeping political changes ly, recommending that the Government Discrimination Against Women (CEDAW) since 2007, when Nepal became a of Nepal focus on improving levels of po- highlighting serious problems of land republic. litical participation of indigenous women and access to education for indigenous girls, and address the ethnically-specific problem of bonded labour of indigenous peoples. The Committee also developed a recommendation on how the Government of Nepal needs to address the situation of women facing multiple discrimination. This final recommendation applies also to the situation of indigenous women in other countries, who can face discrimination because of their indigenous status, including ethnic and racial discrimination, discrimination in wider society for their gender, culturally specific gender-related discrimination and in many countries also, discrimination based on their economic status. The challenge for international human rights bodies like CEDAW is how to address situations where these forms of discrimination are inter-related and complex, and need to be addressed in a Nepal Indigenous Women’s Federation presenting their report to CEDAW. Photo: © NIWF holistic manner.

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the main UN Human Rights Treaties. Malind people in Papua protest against Merauke Our work with the affected communi- Integrated Food and Energy Estate ties strengthened their understanding of their situation and their rights. Local The proposed Merauke Integrated Food We made a submission to the UN NGOs and indigenous peoples increased and Energy Estate (MIFEE) in Indonesian Committee on the Elimination of Racial their capacity and forged stronger con- Papua has slated some 2 million hec- Discrimination’s (CERD) Urgent Action nections with national and international tares of indigenous lands for industrial Procedure, highlighting the risks of NGOs. District, provincial and national agricultural production, threatening human rights abuses from MIFEE. This institutions were alerted to the concerns irreparable harm to the Malind peoples elicited a response from CERD direct to of the local communities. of Merauke District. the Indonesian Government. International concern about the MIFEE A coalition of FPP partners and col- We also sent detailed submissions scheme has grown. Our actions helped laborators provided urgent legal assist- to the UN Special Rapporteur on the to change the district and provincial gov- ance to the Malind peoples. We carried Right to Food and to the UN Human ernments’ views about the project and out research, disseminated information Rights Treaty Division‘s Committee on highlighted the need for tenure reforms and provided human rights training, an Economic, Social and Cultural Rights, in favour of local communities. international legal workshop, capacity- alerting them to the risks posed by the Although some project permits were building and support for social mobilisa- MIFEE project. cancelled as a result of these interven- tion activities with the communities and Our submissions stressed that the tions, so far the central government’s local NGOs. This was complemented by Indonesian Government has yet to sub- policy is unchanged. international advocacy for the rights of mit its Initial Report on its compliance Our support for the Malind people the Malind peoples. with its international obligations under will continue in 2012.

at the different human rights mecha- Land rights and gender in Africa: first regional nisms available for advocating protection workshop of their rights and seeking redress when rights are violated. Women from indigenous and local com- a forum to discuss questions on gen- Several women expressed concern munities in Africa participated in the first der and rights to land and resources in that they hadn’t known of their rights Regional Workshop on Gender and Land Africa. under national and international law, or rights in Africa held in Edea, Cameroon. The workshop focussed on the spe- the mechanisms available for defending The workshop was organised by the cific challenges African women face in ac- those rights. Rights and Resources Initiative, the cessing land and resources. Participants They asked for further support to pass Réseau des Femmes Africaines pour la took part in a training session on the on the information about these to their Gestion Communautaire des Forêts and legal framework protecting women’s communities and to assist them in ap- Forest Peoples Programme to provide rights to land and resources and looked pealing to human rights mechanisms.

Equator Principles urged to include Free, Prior and Informed Consent

The 75 Equator Banks have adopted the International Finance Corporation’s standards as their own ‘Equator Principles’ committing them to lend only to environmentally sound projects. In 2011 the Equator Banks revised their Principles in the light of the adoption of new safeguard policies by the IFC (see page 11). To encourage the inclusion of the right of free, prior and informed consent in the revised Equator Principles, FPP submitted a document containing relevant jurisprudence and proposed textual changes to the Principles. This document was cited several times in discussions African women increased awareness of their rights at the first Regional Workshop on Gender and Land Rights in Africa. Photo: Stéphanie Vig among the banks.

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Defending forest peoples’ rights using the international human rights system

FPP continued to provide intensive legal support to partners seeking justice through international courts and the UN human rights system. The Kaliña and Lokono Peoples of Suriname are challenging the imposition of mining and logging concessions and protected areas on their lands. A hearing was held in the Kaliña and Lokono Peoples Case pending before the Inter- American Commission on Human Rights. We expect a merits decision in 2012 prior to submitting the case to the Inter- American Court of Human Rights. This case deals with human rights concerns currently not well developed in jurisprudence, such as protected areas within indigenous territories and off-shore areas Crossing point for the Brunka people at the Térraba River, Costa Rica. Photo: Alancay Morales of indigenous territories. We submitted additional evidence and legal arguments to the Commission and held a series of riculture, logging and sand mining on tra- Costa Rica. The UN Human Rights Council meetings with its Secretariat. ditional Maho lands, the Inter-American adopted the Special Rapporteur’s obser- While the Kaliña and Lokono Peoples Commission issued precautionary meas- vations and recommendations, leading case progressed well, government intran- ures to secure immediate protection for to a process, coordinated by the Special sigence caused setbacks in the implemen- the community’s rights. Suriname largely Rapporteur, aimed at obtaining the free, tation of theSaramaka People decision complied with these, including providing prior and informed consent of the Teribe of the Inter-American Court of Human the community with electricity and po- and other indigenous peoples affected by Rights. The Court’s landmark decision of table, piped water. We are now pressing the Diquís Dam. 2007 ruled that Suriname’s imposition the Commission to adopt an admissibility With our Teribe partners we filed of mining and logging concessions on report, which will allow for consideration a petition with the Inter-American Saramaka lands without their consent, of the merits of the case. Commission to address the Teribes’ land reasonable benefit-sharing or proper In Brazil we submitted further argu- situation and to open the possibility of socio-environmental studies violated ments to the Inter-American Commission further formalising the engagement of their human rights. The ruling required on the case of the Indigenous Peoples the Special Rapporteur through a friendly Surname to pay compensation, give the of Raposa Serra do Sol, which concerns settlement procedure. We held meetings Saramaka people title to their lands and the government’s failure to prevent with the Teribe community throughout pass laws to protect their rights. The gov- indigenous lands from non-indigenous the year and provided intensive capacity- ernment’s obduracy was documented in trespassers and violent attacks on the building support. additional orders adopted by the Court, communities. We obtained important deci- which also ordered that a further hearing In Ecuador we drafted and sub- sions from the UN Committee on the be held in 2012. mitted an amicus curiae brief to the Elimination of Racial Discrimination On request of FPP, the UN Special Inter-American Court in the Sarayaku (CERD) on Costa Rica (twice), Suriname, Rapporteur on the Rights of Indigenous Indigenous Community v. Ecuador case, Indonesia, Thailand, Brazil, India, and Peoples travelled to Suriname and met which is awaiting a decision from the Papua New Guinea. with the state and indigenous and tribal Court. The case concerns the State’s In the case of Indonesia, CERD chal- peoples to discuss technical cooperation failure to consult with the community lenged the issuing of oil palm conces- in the implementation of the Saramaka before allowing a foreign oil company to sions and agribusiness programmes for People decision. The Special Rapporteur prospect on their lands. conflicting with the rights of indigenous wrote a report with detailed recom- Our work with the Teribe people in peoples and requested a meeting with mendations on what was required to Costa Rica who are threatened by the the government to discuss this and previ- give effect to the Court’s judgment, and Diquís dam, massive illegal occupa- ously raised concerns. offered technical support to achieve tion of their lands and state-imposed In response to CERD’s decision on this. Suriname did not respond to governance institutions, included various Papua New Guinea, the government the offer and failed to implement the domestic and international actions. amended laws that deny indigenous recommendations. Following a report by FPP and our Teribe peoples their right to pursue judicial In the Maho Indigenous Community partners, the UN Special Rapporteur on remedies challenging grants of conces- Case, concerning government-backed ag- the Rights of Indigenous Peoples visited sions and environmental permits.

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What are FLEGT Voluntary Further resources: FLEGT: A strong seat at z Partnership Agreements? z African Commission on Human and Peoples’ the table Rights Resolution on the Protection of the Rights The EU’s FLEGT (Forest, Law Enforcement of Indigenous Women in Africa. FPP began a 3-year project supporting Governance & Trade) Action Plan aims to http://tinyurl.com/bvc5utr ensure that only legally harvested timber is forest communities and civil society to z imported into the EU from countries agree- z Indigenous women’s rights and the African promote forest peoples’ rights through human rights system: A toolkit on mechanisms. ing to take part. the EU’s FLEGT mechanism. http://tinyurl.com/cr9kprm In collaboration with Centre pour Bilateral ‘Voluntary Partnership zz CEDAW, Concluding observations of the l’Environnement et le Développement Agreements’ (VPAs), agreed between the Committee on the Elimination of Discrimination (CED) from Cameroon, FERN and EU and timber-exporting countries, set out the conditions which must be met for against Women. Nepal. 11 August 2011, ClientEarth, we started providing legal timber to be licenced as legally produced. CEDAW/C/NPL/CO/4-5. support to local partners in Cameroon, The conditions include legal reforms on http://tinyurl.com/bppnl44 Democratic Republic of Congo, Liberia, issues such as land tenure and harmonisa- zz Minority groups want recognition. Daily Ghana, Gabon and the Republic of Congo tion of national laws with international Monitor Uganda. http://tinyurl.com/4goqspp for their participation in the negotiation human rights norms. Forest communities and implementation of FLEGT’S Voluntary zz Video: Participatory 3D Modelling - Bwindi and civil society must be fully involved Impenetrable and Mgahinga Gorilla National Partnership Agreements (VPAs). throughout this process. Parks, Uganda. http://tinyurl.com/dxve9nk In the project’s first year local partners identified obstacles and opportu- zz UN CERD formal communication to the nities for reform of laws and policies community land and livelihood rights can Permanent Mission of Indonesia regarding alle- gations of threatening and imminent irreparable affecting forest peoples. These insights be protected in national forest policies, harm for indigenous peoples in Merauke District and analysis of national laws and rel- including through processes linked to related to the MIFEE project. evant international legal standards will REDD+ and FLEGT initiatives. More than http://tinyurl.com/d63k5vw contribute to a report documenting best 50 representatives of forest communities zz Douala Statement of the African Community practices in existing national laws to be and civil society from Cameroon, Central Rights Network. http://tinyurl.com/cwr58ag; drafted in 2012. African Republic, Democratic Republic of http://tinyurl.com/dyk5thp With CED and other partners from Congo, Republic of Congo, Gabon, Ghana Cameroon, FPP helped civil soci- and Liberia, together with Cameroon ety develop proposals for reform of government officials, discussed prob- Cameroon’s 1994 Forest Law. These lems with outdated national legislation Coming up in 2012: included stronger protection for indig- and threats to community land security enous peoples’ rights to forest lands and posed by the rapid expansion of indus- zz Further dissemination of the Toolkit on the improved procedures to ensure their trial agriculture and plantation devel- rights of indigenous women in Africa meaningful participation in decision- opment across the region. The Douala zz Second regional workshop on gender and making about forests. FPP will continue Statement of the African Community land rights in Africa this support in 2012 and 2013, during Rights Network called for reform of zz Gender workshop with Batwa organisation which time the new law is expected to national forest and land laws to properly in south-west Uganda be finalised. recognise customary land rights and en- zz Follow up work on indigenous women’s CED hosted a regional four-day able increased community control over rights with African Commission, CEDAW and workshop in Douala, Cameroon, on how forest lands. CERD, and publish training guide on CEDAW and UN Declaration on the Rights of Indigenous Peoples zz Support partners in Indonesia to develop and present an alternative report to CEDAW zz National workshop in Nepal to follow up the CEDAW recommendations zz Produce guide on indigenous women’s rights in the Inter-American system zz Training workshop on the human rights mechanisms of the United Nations and the Inter-American systems zz Legal support to partners and forest communities in Cameroon and Kenya on protected areas and in DRC to partners and communities impacted by REDD zz 2nd regional workshop, national seminar in Cameroon and legal support to promote African forest peoples’ rights in EU’s FLEGT VPA mechanism zz Further urgent action on MIFEE with CERD and UN Special Rapporteur on the Right to Participants of the Douala workshop on securing community rights to forest lands, Cameroon, September 2011 © Beko Image Food

6 climate & forests

Highlights of 2011 Peoples’ rights and climate change Indigenous peoples stepped up their actions for a strong safeguard system FPP works with local partners to press for climate change policies and to inform reporting on, and financ- projects to respect forest peoples’ rights in line with international human ing of, REDD activities under the UN rights standards, including the rights of indigenous peoples. We create Climate Convention. space for forest peoples to communicate with national and international FPP’s Smoke and Mirrors report policy makers and support their work through analytical reports and our exposed the World Bank’s Forest widely-distributed e-bulletin. These carry the urgent message that for lasting Carbon Partnership Fund’s (FCPF) progress on climate and forest issues, the financiers and managers of climate inadequate safeguard standards for REDD activities. change initiatives must be accountable, adopt proper standards protecting forest peoples’ land tenure and rights to free, prior and informed consent, Indigenous peoples presented and improve the governance of their own institutions to uphold these their Action Plan urging the FCPF to align its safeguards with the standards. UN Declaration on the Rights of Indigenous Peoples.

The World Bank’s Forest Investment Programme adopted rights-based indicators and agreed, in principle, that FIP projects should respect forest peoples’ rights and be consistent with relevant international instruments.

UN-REDD strengthened its Social and Environmental Principles and Criteria and agreed to an independent policy paper on forest tenure reform.

FPP partner FAPI’s own protocol on Free, Prior and Infomed Consent forms part of Paraguay’s national joint programme with UN-REDD. A member of the indigenous caucus campaigning on safeguards and REDD at the UN Climate Conference in Durban. Photo: Conrad Feather In Panama, Guyana, Peru, Cameroon and Democratic Republic of Congo, FPP partners pressed for FPIC, land change to be based on respect for hu- reform and community capacity to Consolidating gains be put in place before REDD invest- man rights, free prior and informed con- ments are made. in the UN Climate sent (FPIC) and traditional knowledge, Convention and called for systems to be set up to The Reality of REDD in Peru revealed allow indigenous peoples’ participation that 10 voluntary REDD projects in FPP supported indigenous partners to and direct access to UN financing. five Amazon departments consist- step up their campaign for UN Climate ently violated FPIC and other rights Convention (UNFCCC) policies and of forest communities. programmes to respect human rights. Forests are most suc- This intensive work throughout the cessfully conserved and Critical analysis of lessons learned year built on the important safeguards managed with indigenous from Indonesia’s REDD policies and in forest and climate policies agreed forest governance and recognition, demarcation projects revealed the need for more by the 16th Climate Change Conference “ and titling of Indigenous effective government and project in Cancun, 2010, and an action plan Peoples’ collective land actions to respect FPIC and uphold adopted in a global meeting of indig- human rights. and territories. enous peoples in Oaxaca, Mexico. International Indigenous Peoples’ Forum on At the 17th Climate Change Climate Change, Durban, December 2011 Following testimony from indigenous Conference in Durban, indigenous peoples in two RRI Dialogues on peoples called for a robust system of FPP’s advocacy materials,” compiled Forests, Governance and Climate Change the UK government affirmed implementation of safeguards to guide with NGO and indigenous partners, were that secure land tenure rights for for- the Convention’s reporting and financing praised by activists working within the est peoples must be a precondition of REDD activities (Reduced Emissions climate negotiations. FPP was invited for sustainable forest and climate from Deforestation and Degradation of to compile further briefings on rights policies. Forests). They pressed for programmes and benefit sharing within the UNFCCC for mitigating or adaptating to climate process.

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World Bank climate fund standards still too weak

During 2011 FPP repeatedly highlighted on the Rights of Indigenous Peoples. The problems with the social standards ap- Action Plan called on the Bank to review plied by the World Bank’s Forest Carbon safeguard issues, including a global Partnership Facility (FCPF), a key funder study on indigenous peoples’ forest of REDD+ projects. We also published land tenure to recommend measures critical studies of REDD+ pilot projects in for strengthening land tenure reforms Cameroon and Peru, and with FERN and and forest governance in FCPF coun- local partners, we exposed the FCPF’s tries. The FCPF responded by agreeing lack of attention to safeguard issues in to finance regional consultations and national REDD+ readiness proposals in capacity building, but did not make any Smoke and Mirrors, a hard-hitting and solid commitments on rights and tenure influential report. issues. With indigenous leaders, activists and social justice NGOs, FPP helped Dialogue must be based establish the principle that where FCPF on the framework of the At the FCPF’s Participants Committee Meeting, implementing agencies have rules that recognition and respect of Daysi Zapata, AIDESEP Vice-President, called for are more stringent than the World Bank, the Peruvian government’s Priority Readiness Indigenous Peoples rights actions to respect human rights. then the highest safeguard standards as enshrined in the United Photo: Conrad Feather will apply. The Bank claims that its pro- “ Nations Declaration on cedural safeguards are equivalent to UN the Rights of Indigenous agencies’, but the draft guidelines issued Peoples, the ILO Convention Development Bank and Peru. at the end of 2011 still proposed a two- 169 and other international FPP’s continued advocacy on tiered approach with the Bank refusing instruments relating to the World Bank’s Forest Investment to adopt FPIC as a core safeguard for the indigenous peoples as a Programme (FIP) – the other main funder FCPF. FPP continues to press for FCPF- minimum standard of REDD projects – resulted in the FIP funded projects to meet the highest Indigenous Peoples Action Plan on the FCPF, adopting rights-based indicators, and existing international or national social Guna Yala, Panama, September, 2011 a commitment that FIP projects should and environmental safeguards. ” respect forest peoples’ rights and be ‘... In response to ongoing complaints by Following our partner AIDESEP’s consistent with relevant international indigenous peoples about FCPF opera- strong submission to the 8th FCPF instruments, obligations and domestic tions, the Bank convened a consultation Participants Committee Meeting, the laws.’ with indigenous peoples from Asia, FCPF’s governing body issued a resolu- The FIP Results Framework goals now Africa and Latin America in the territory tion calling on the Peruvian government aim to increase the area of forest in of the Guna people, Panama. FPP sup- to consult with indigenous peoples developing countries directly controlled ported the indigenous caucus to present on the readiness actions required to and managed by indigenous peoples and a clear Action Plan to the FCPF urging respect their rights before entering into forest communities and to promote legal better consultation and full alignment of a Readiness Preparation grant agree- reforms to respect forest peoples’ rights, FCPF safeguards with the UN Declaration ment between the Inter-American including land rights.

What is UN-REDD? REDD impacts on indigenous peoples’ Improved standards in lands and livelihoods. The UN office in The UN Collaborative Programme on Paraguay thanked FPP for its technical UN-REDD Reducing Emissions from Deforestation legal input to FAPI’s own FPIC protocol, and Forest Degradation in Developing FPP is a key member of UN-REDD’s Countries (UN-REDD) helps developing which the government agreed to include Independent Advisory Group on Rights, countries carry out national REDD+ strat- in the final national joint programme Forests and Climate Change (IAG). egies within the framework of a National with UN-REDD. With IAG partners and allies we suc- Joint Programme. UN-REDD deals with ceeded in getting UN-REDD’s Social and measuring, reporting and verification, Environmental Principles and Criteria to stakeholder engagement and indigenous adopt clear principles on international participation. obligations, respect for FPIC, prohibition of involuntary resettlement in REDD+ activities, and stronger language on land rights. We made inputs to UN-REDD country In an IAG presentation to the UN-REDD programmes in Indonesia, DRC, Panama Policy Board, we called for more UNREDD and Paraguay. In Paraguay, with lo- action on land tenure reform as a core part cal partner FAPI, we got the national of REDD readiness activities. The Board programme plan to include rights-based responded by supporting an independent indicators and carry out a social and en- FAPI President Hipólito Acevei presenting his organisation’s FPIC guidelines to the UN-REDD policy paper on land tenure reform. vironmental risk assessment of potential country programme in Paraguay. Photo: Tom Griffiths

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World Bank, WWF and the public. The Indigenous peoples press for rights-based REDD public consensus was that respect for rights must be a top priority for forest During 2011, indigenous peoples stepped and climate initiatives in Cameroon and We cannot continue up their calls for a phased approach to talking about REDD un- elsewhere. REDD+ actions, in which respect for FPIC, til the question of land In Democratic Republic of Congo, 42 reforms to land tenure and institutional tenure reform is included indigenous and local communities are governance, and the building of com- in the discussion. NGOs affected by REDD pilot projects in the munity capacity are put in place before “ remote forests of Equateur Province. FPP are in a hurry to have REDD investments are made. their projects approved, and local partner CEDEN provided forest In Guyana, the Amerindian Peoples but we need to keep calm communities with information on human Organisation (APA) challenged the and deal with the issues rights in national and international laws, Amerindian Land Demarcation and carefully. the national REDD framework and its Titling Project proposed by the Guyana Spokesperson for the Federation of Native potential impacts upon community rights government and UNDP under the Communities of Madre de Dios, Peru, June 2011 and management of customary forests. Guyana REDD Investment Fund (GRIF), Community meetings discussed the part of the bilateral agreement between Matse communities” in the Peruvian right to free, prior and informed consent Guyana and Norway on low carbon de- Amazon sought FPP’s help to translate (FPIC) and measures for equitable local velopment and REDD. The proposal did a carbon contract offered by foreign sharing of potential benefits from forest not consult with indigenous peoples and interests. After a community assembly and climate policies and initiatives. ignored current land demarcation and to review the translated contract, the titling problems. Matses decided to reject the unjust APA and FPP asked UNDP how the REDD project outright. Media work by proposed project would comply with UN- FPP and AIDESEP exposing the growing UK discussions on REDD Guidelines on Indigenous Peoples, risks of carbon piracy in the Amazon was rights and finance for the Norway Guyana-MoU and the UNDP picked up on the internet and carried in climate change Policy of Engagement with Indigenous newspapers worldwide. Peoples. In response, the UNDP pledged In Panama, FPP and Rainforest FPP and partners in the Rights and that the project will be redesigned and Foundation-US supported our indig- Resources Initiative (RRI) held the 9th indigenous peoples will be consulted. enous partner FPCI to hold a national and 11th RRI Dialogues on Forests, Advocacy around this important GRIF workshop on REDD and rights in Panama Governance and Climate Change in project generated intense discussions attended by Kuna, Naso, Ngabe-Bugle, London. At the 9th dialogue, organised within REDD+ finance agencies about Emberá, Wounaan and Bri Bri peoples. with Tebtebba and Forest Trends, over the need for safeguards on land tenure Community leaders informed the national 100 participants from NGOs, academia, issues in REDD+ programmes. environment authority, UN-REDD and the the civil service, parliament and govern- In Peru FPP, AIDESEP, CARE and World Bank FCPF that government and ment heard indigenous representatives FENAMAD published The Reality of REDD international agencies promoting REDD+ from Panama, Kenya and the Philippines in Peru. This revealed that ten voluntary must prioritise measures to resolve land argue for more effective global safe- REDD projects in five Amazon depart- conflicts and secure territorial rights. guards and obligations in international ments consistently violated the right to In Cameroon FPP, and partners Okani finance for forests and climate change. FPIC and abused other rights of indig- and CED, supported communities to Live video links to senior World Bank law- enous forest communities. The report’s become aware of the risks and opportu- yers enabled lively debate on the need powerful findings, launched by AIDESEP nities of REDD projects. FPP and CED’s to upgrade World Bank social standards, and FPP at the UN Climate Conference report REDD and Rights in Cameroon drawing on findings of critical studies in Durban, were covered by the inter- exposed the lack of meaningful prior compiled by FPP and FERN. national and UK press. The Peruvian consultation and participation of forest At the 11th Dialogue 80 participants, government also pledged to improve the peoples in REDD initiatives. A Nature including British officials, MPs and regulation of private sector REDD projects editorial picked up these findings, and forest policy experts, discussed rights (a promise that has yet to be fulfilled). generated on-line comments from the and governance issues in international forest finance. FPP partners from DRC, Paraguay and Malaysia were panellists and speakers. Testimony via video link from indigenous peoples in Peru stressed that the World Bank and the UK’s bilateral climate programmes must back reforms to secure indigenous peoples’ land and territorial rights if forest and climate interventions in developing countries are to be sustainable. The UK government issued a statement to the Dialogue affirming that securing land tenure rights must be a precondition for sustainable forest and A community in Bandudu (Democratic Republic of Congo) discuss how REDD could affect forest management. Photo: John Nelson climate policies.

9 climate & forests

Further resources: Putting rights and tenure into REDD activities in zz Smoke and Mirrors. A critical assessment of Indonesia the Forest Carbon Partnership Facility. http://tinyurl.com/cjse97t zz FPP Series on Rights, Forests and Climate – REDD+ in Indonesia. http://tinyurl.com/bojnvgq zz The reality of REDD+ in Peru: Between theory and practice - Indigenous Amazonian Peoples’ analyses and alternatives. http://tinyurl.com/c3jd65s zz REDD+ systems on providing information on safeguards (SIS): Inclusion of data relevant for indigenous peoples. http://tinyurl.com/c5go2ed zz REDD and Rights In Cameroon: A review of the treatment of Indigenous Peoples and local communities in policies and projects. http://tinyurl.com/cltmpy8

Coming up in 2012: A community in Central Sulawesi discusses UNREDD+ plans. Photo: Y L Franky zz Support partners’ work to improve rights and safeguards under the UN Climate Convention FPP and partners produced critical brief- nities over the planned REDD+ project. zz Support indigenous participation at UN ings on Indonesia’s REDD policies and In the UN-REDD pilot programme in Rio+20 Conference, focusing on land rights and the lessons learned from REDD+ pilot Central Sulawesi, the provincial REDD self-determined development as key for green projects. The briefings urged govern- network (created following a workshop economies and climate actions ment and REDD project proposers to co-organised by FPP in 2010) used the zz RRI dialogue on climate finance in Africa take positive actions to respect FPIC and discussion on FPIC to engage with village z uphold human rights, and were praised and district governments, and develop z Press World Bank FCPF to address the Guna Yala Action Plan’s rights and tenure demands by policy makers, government agencies, draft village and district legislative acts donors and forest peoples’ organisations on FPIC. The Governor of the Province zz Support partners to attend FCPF Participants for their exposure of the problems and promised to issue a decree on FPIC in Committee meetings and monitor compliance recommendations for sustainable forest REDD+. with FIP rules and climate activities. FPP partner Scale Up continued to zz Contribute to UN-REDD policy paper on land Working with our partners, we used tackle the APRIL consortium about the tenure and operational guidelines on Free, Prior existing REDD+ projects and pilots to expansion of its pulpwood plantations and informed consent (FPIC) advance discussions and actions on and peatlands conservation programme in zz Report on UN-REDD activities in Paraguay, forest peoples’ rights in six Indonesian the Kampar Peninsula and neighbouring Panama, Democratic Republic of Congo and provinces. islands of Riau Province. Intensive com- Indonesia In Kalimantan, the national REDD+ munity advocacy persuaded the Minister zz Support Cameroon forest peoples to partici- Task Force and the Kalimantan Forest for Forestry to suspend PT RAPP’s (a sub- pate in national and international policy-making Carbon Partnership are increasingly sidiary of APRIL) licence to develop Acacia on forest conservation, REDD+, land rights and committed to recognising indigenous and peat dome conservation on Pulau FPIC peoples’ rights. Using participatory Padang, and agree that the 12 villages zz New SIDA-funded project to assist African community maps, communities sought on the island can have their customary forest communities affected by REDD projects to recognition of their customary lands by areas excised from the Industrial Forest map customary lands the village and district governments, as Concession license area. FPP and Scale zz Civil society and community strategy work- a step towards provincial recognition of Up advised local NGOs and communities shop on getting forest and climate policies to their collective rights in land. on the impending negotiations with the work for forest peoples in DRC Our activities helped community Ministry of Forestry and PT RAPP. zz Publish briefing on DRC forest and land members affected by the Ulu Masen In West Papua and Waropen, Papua, policies, with critical analysis of World Bank’s FIP project in Aceh to understand the need local advocacy focused on community and FCPF, and UN-REDD engagement in REDD+ to press for their rights. The Governor of mapping as preparation for land claims, policy-making and pilot projects Aceh issued a decree recognising several which the government officials seemed zz International conference on FPIC and REDD+ Mukim (customary inter-village institu- prepared to accept. FPP continued to policies in collaboration with The Forests tions) and their right to manage coastal liaise with the REDD+ and low carbon Dialogue and UN-REDD Programme waters. Based on this legal recognition of development task forces in the two prov- community rights, negotiations began -be inces to make sure that their planning zz Expand DRC rights and REDD awareness project to six more forest provinces tween the government and the commu- respects community rights in forests.

10 responsible finance

Highlights of 2011 Ensuring that finance and industry The International Finance Corporation adopted strong don’t harm forest peoples standards on free, prior and informed consent (FPIC). FPP’s Responsible Finance Programme continued to advocate for binding social and environmental standards, in line with international human rights The UK committed to ‘effective norms, for all international financial institutions and agencies whose policies social and environmental safeguards at the World Bank ... [and]...support and programmes affect forests and forest peoples. The RFP also pressed for [for] inclusion of FPIC’ in the Bank’s private sector plantation and forestry companies and initiatives to adopt updated safeguard framework. social and environmental standards and comply with them.

Trials of the World Bank’s controversial Program for Results (PforR) excluded high risk projects UK Members of Parliament working with and will be subject to independent Strengthened FPP, the UK Minister for International evaluation. standards for Development affirmed that the UK gov- international forest ernment takes ‘social and environmental The GEF finally adopted basic social risks seriously’ in relation to the PforR and environmental standards, finance pilot. but these fall far short of current A decade of FPP’s campaigning in collab- Though advocacy with our NGO part- international standards. oration with indigenous peoples finally ners worldwide failed to slow down the resulted in the International Finance PforR trial, we did succeed in getting it to FPP’s advocacy stopped expansion Corporation (IFC, the private sector loan disclose more information and promise of the Camisea oil and gas project window of the World Bank) agreeing that loan operations in the pilot phase onto the Nahua people’s lands in to a Free, Prior and Informed Consent would not include high-risk investments Peru. (FPIC) safeguard for all projects affect- (so-called Category A projects). The ing indigenous peoples. FPP’s intense The Bali Human Rights & Business Bank also agreed that the Independent workshop developed a regional advocacy helped to close loopholes, and Evaluation Group (IEG) will conduct a live human rights standard for the IFC’s new Performance Standard 7 evaluation of the PforR pilot to assess agricultural expansion in South East now requires FPIC for all loan operations social and environmental risks as they Asia. that may have impacts on the custom- emerge. Acknowledging the risks of this ary lands, or significantly impact the lending instrument, the Bank’s Board will Small-scale shrimp farmers cultural heritage, of indigenous peoples, limit PfoR lending to 5% of the World re-started activities following including through any commercial use of Bank’s total annual loans until 2014. mediation with Indonesian cultural heritage. Crucially, the IFC may Despite these gains, we still have real authorities. not finance any relocation of indigenous concerns that the Bank will use PforR to peoples and communities without their sidestep the normal safeguard frame- FPP exposed oil palm companies’ free, prior and informed consent. work to compete with Chinese and de- violations of communities’ rights to FPP used the World Bank’s ongoing veloping country banks. We will continue free, prior and informed consent in safeguard update and consolidation to press the Bank to link the PforR and DRC. process to ask the UK government’s del- Development Policy Loans (DPLs) safe- egation to the World Bank to oppose any guard issues to the wider Bank safeguard FPP asked the Compliance Advisory dilution of safeguards and get the World update process that will be ongoing in Ombudsman to investigate Bank to align its safeguard policies more 2012-13. violations of IFC Performance closely with international standards, Our longstanding campaign to get Standards following evictions of including FPIC for indigenous peoples. the Global Environment Facility (GEF) indigenous communities by a The UK Executive Director of the World Wilmar subsidiary in Sumatra. to adopt specific safeguards had some Bank responded that the UK government success in that the GEF finally adopted is committed to ‘effective social and The Sime Darby palm oil company basic standards on social and environ- froze operations in Liberia, following environmental safeguards at the World mental assessment, involuntary resettle- community appeals to the Round Bank ... [and]...would support inclusion ment, natural habitats and indigenous Table on Sustainable Palm Oil. of FPIC’ in the updated safeguard frame- peoples. But these standards are largely work. FPP’s follow-up on these impor- based on outdated World Bank policies, Palm oil company PT AgroWiratama tant governmental commitments aims to instead of the international standards returned 1000 hectares of convince Bank lawyers and policy makers we had pressed for, and a GEF commit- its plantation lands to local that the time has come to follow the lead ment to respect FPIC is limited only to communities. of the IFC and adopt FPIC. those countries that have ratified ILO Controversial World Bank plans for a Convention 169. Our indigenous partners FPP and partners advanced new programmatic lending instrument strongly criticised the new GEF stand- understanding and reforms of land called Program for Results (PforR) threat- ards, and urged the GEF to honour its tenure in Indonesia at local and ened to remove safeguards altogether commitments to develop a specific policy national level. for programmatic loans. Questioned by on indigenous peoples.

11 responsible finance

Camisea plans threaten isolated forest peoples Mediation assists shrimp farmers

FPP and partner KIARA supported a process of mediation between the small- scale shrimp farmers of Bumi Dipasena and the Indonesian Marine and Fishery Ministry and National Land Agency to re- store small scale shrimp farmers' rights, help re-start production in the hands of the farmers, and to reclaim their land. The Marine and Fishery Ministry provided funds for shrimp seeds and the State Electricity Company reactivated power supplies shut down by PT Dipasena after refusing to accept the shrimp farmers’ demands. The Camisea gas project (Peru) planned to expand onto the headwaters of the Serjali River in the KIARA and several international territory of the Nahua people. Photo: Conrad Feather networks asked the Aquaculture Stewardship Council (ASC) to reform the In mid-2011 FPP uncovered plans by the controversial Camisea oil and gas project certification process which has marginal- in Peru to expand into the Nahua people’s territory within the Nahua/Kugapakori ised coastal communities. KIARA is also Reserve for isolated indigenous peoples. FPP documented Nahua testimonies on preventing the Indonesia government video and raised their concerns and the implication of the expansion plans for the from applying the ASC shrimp standard Reserve’s other inhabitants (including isolated peoples) with the Camisea consortium as it will interfere with the government’s leader and the Peruvian government. As these organisations failed to guarantee the responsibility to protect the rights of rights of the Reserve’s inhabitants, FPP went public to make Peruvian authorities coastal communities, shrimp farming aware of the issues. cooperatives and the coastal ecosystem. In a public hearing convened by the Parliamentary Commission for Indigenous Peoples, the national indigenous affairs agency INDEPA admitted that any permissions granted to the Camisea consortium to expand operations within the Reserve had no legal basis and INDEPA later issued a legal resolution making the same ruling. The expansion plans were shelved, but ongoing political pressure to extending the Camisea Oil palm neglects project means that the future of the Nahua/Kugapakori Reserve remains uncertain. right to free, prior and informed consent in DRC and Cameroon Bali Declaration on Human Rights and Agribusiness FPP’s investigations in oil palm conces- A landmark workshop on Human Rights The Bali Declaration calls on States to sions in Democratic Republic of Congo and Business: Plural Legal Approaches fulfil their legal obligations to protect the and Cameroon, operated by Congo Oil & to Conflict Resolution, Institutional rights of their citizens, including indig- Derivatives and BioPalm, revealed blatant Strengthening and Legal Reform devel- enous peoples, in the face of pressure violation of indigenous peoples’ and local oped a regional human rights standard by agribusiness, notably their rights to communities’ right to FPIC, in contraven- for agricultural expansion in South East own and control their traditional lands tion of international human rights stand- Asia: the Bali Declaration on Human and territories and their right to free, ards and the RSPO Principles & Criteria. Rights and Agribusiness in South East prior and informed consent to activities Asia. The Declaration reminds companies planned on those lands. We are forced to accept of their legal obligation to respect human because we have not got rights, even in countries where the State the information to have a does not fully respect human rights and meaningful discussion. laws are weak and loosely enforced. “Village chief, Cameroon The workshop’s 60 partipants included academics, indigenous representatives, Local communities were not fully in- NGOs and the National Human Rights informed (if at all) of the nature and” impact stitutions of Indonesia, Malaysia, Thailand, of the oil palm projects on their custom- Philippines and Cambodia. Together, they ary lands before permits were issued and examined how to protect the rights of in- had no opportunity to give or withhold digenous peoples and rural communities their consent. The studies highlighted the exposed to rapidly-expanding agribusiness urgent need to align national laws with The Human Rights and Business workshop (notably the palm oil sector) as well rec- benefited from the active participation of international human rights standards and ognising their right to development and National Human Rights Commissioners, NGOs, encourage companies to comply with improving their welfare. indigenous organisations and academics. Photo: voluntary standards such as the RSPO. Sophie Chao 12 responsible finance

Wilmar subsidiary PT Asiatic Persada abuses human rights in Sumatra

There is no one size fits all solution to our conflicts. Each community is an open wound; each wound“ needs to be dealt with separately. SAD 113 community leader Pak Nurman

An investigation led by ”FPP in the Wilmar subsidiary PT Asiatic Persada oil palm plantation in Jambi, Sumatra, exposed serious human rights abuses, intimidation and eviction of the indigenous Batin Sembilan people. In mid-August, mobile police bri- The Batin Sembilan community discusses what action to take following violence by PT Asiatic Persada. gades contracted by Wilmar entered the Photo: Sophie Chao communities without warning, fired guns and evicted some 83 families. PT Asiatic properties taken. enjoyed many years of financial support Persada staff, under the directions of -es The investigation revealed that land from the World Bank’s International tate managers, bulldozed their houses. insecurity and very limited access to Finance Corporation (IFC). These conflicts are due to unresolved justice mean that local communities on Following FPP’s third complaint to the land disputes, the company having their own have few means of redress IFC’s complaints body, the Compliance acquired its 20,000 hectare concession against these systematic abuses, but Advisory Ombudsman is now looking into over the Batin Sembilan’s customary when they are assisted by international mediating the conflict between commu- lands without their consent. The commu- organisations some kind of accountability nities and PT Asiatic Persada to resolve nity members allege that the company can be achieved. the land disputes and to assess whether created its oil palm estates without Wilmar International, the world’s IFC staff are adhering to IFC Performance paying compensation for lands and other largest oil palm trading company, has Standards.

meeting with the communities, Sime Sime Darby freezes palm oil operations in Liberia Darby officials agreed to resolve the land Communities affected by the Sime consent (FPIC) and that the clearance conflict in line with RSPO Principles & Darby oil palm and rubber concession of their farmlands to plant palm oil was Criteria. It will also carry out an inde- in Grand Cape Mount county, Liberia, leaving them destitute. pendent audit of the extent to which submitted a complaint under the Round Community appeals to the RSPO, FPIC was respected and recognise the Table on Sustainable Palm Oil (RSPO) through FPP and local partner Green communities’ own freely chosen repre- New Plantings Procedure. The complaint Advocates, led to Sime Darby freezing its sentatives as interlocutors for resolving stated that the company did not seek the operations across Liberia pending discus- the dispute. The parties agreed further communities’ free, prior and informed sions of these serious issues. During the actions for concrete steps towards compliance with RSPO standards, as well as emergency measures to mitigate the negative impacts of the concession so far. Despite persistent government pressure on the communities and Green Advocates to repeal the complaint and to deal directly with the government rather than the company, senior Sime Darby staff showed their commitment to comply with the RSPO standards and accepted Terms Of Reference provided by FPP for contracting an independent assessor who will assess FPIC, make an audit of compensation, and recommend revisions of Sime Darby’s Standard Operating Procedure in line with RSPO Cleared land and road cut through a women’s sacred forest for oil palm development in Liberia. FPIC requirements. Photo: Justin Kenrick 13 responsible finance

Further resources: Round Table on Sustainable Palm Oil zz Final comments and recommendations to the International Finance Corporation's review of FPP continued to closely monitor the Smallholders and outlining the remain- the Sustainability Policy, Performance Standards and Access to Information Policy. Round Table on Sustainable Palm Oil’s ing challenges. FPP continued to co-lead http://tinyurl.com/c7hjm72 mechanisms to protect human rights. the RSPO Ad Hoc Working Group on By activating the RSPO New Plantings High Conservation Values in Indonesia, zz Bali Declaration on Human Rights and procedure, FPP set an important prec- carrying out a collaborative investigation Agribusiness in Southeast Asia. edent in getting palm oil company PT on the failures of companies and local http://tinyurl.com/ck8mto3 AgroWiratama to give 1000 hectares government to secure High Conservation zz Diverse Paths to Justice: Legal Pluralism and of its plantation lands back to local Values, especially livelihoods, in Kota the Rights of Indigenous Peoples in Southeast communities. In response to FPP and Waringin Timur in Central Kalimantan. Asia. http://tinyurl.com/crbl8mh partner complaints, the RSPO set up a FPP presented its findings at the RSPO zzOil Palm Expansion in South East Asia: new Working Group on Human Rights 9th Roundtable to over 1,000 high level Trends and Implications for Local Communities to review the RSPO standard in line with persons from the palm oil sector, and and Indigenous Peoples. human rights norms. FPP produced provided information to the Governor of http://tinyurl.com/d52hr9d a paper for the RSPO summarising Central Kalimantan who is preparing a zz Human rights abuses and land conflicts in the progress so far with the Task Force on regulation on sustainable plantations. PT Asiatic Persada concession in Jambi: Report of an independent investigation into land disputes and forced evictions in a palm oil estate. http://tinyurl.com/cyyybo4 Progress in understanding and reforming land zz Palm oil and indigenous peoples in South East tenure in Indonesia Asia. http://tinyurl.com/bn9yahf zz Ensuring respect for ‘Free, Prior and Informed FPP played a key role in drafting the peoples, but also in Central Java, the Consent’ in Indonesia. recommendations of an international heartland of Javanese civilization. Where http://tinyurl.com/ct7lckh conference on Forest Tenure, Governance not interfered with by imposed legal zz Forest Peoples Programme’s and allies’ letter and Enterprise: Experiences and doctrines and blocked by the administra- to International Finance Corporation Compliance Opportunities for Asia in a Changing tion, people define their relations to their Advisory Ombudsman - 3rd Wilmar Complaint. Context, organised by RRI, International lands through custom, but the unfavour- http://tinyurl.com/bqtdc9z Tropical Timber Organization and the able national legal framework hampers Indonesian Government. The Ministry the use of custom as an accepted norma- of Forestry agreed to a dialogue with tive tool. Indonesian civil society on forest tenure Institut Dayakologi, our partner in reform based on respect for human Kalimantan, worked with community rights and indigenous and local commu- organisations and local government to Coming up in 2012: nity participation, and started planning a get communities’ land use taken into zz Advocate for the World Bank’s safeguard programme for tenure reform. account in spatial planning. They mapped update and consolidation process to adopt Studies by FPP and partners in two the customary territories of three villages FPIC as a core standard for all World Bank loan Sumatran provinces on community and lobbied Sanggau District adminis- operations leaseholds in Indonesian State forest tration to legalise a customary forest. zz Dialogue with the UK delegation to the areas through HTR (People’s Forest The District’s Deputy Head agreed to World Bank on safeguard and accountability Plantations) showed that the licensing recognise community rights, both in spa- issues process for HTR allows corrupt practices, tial planning and also through a decree, z and disadvantages communities seeking although it remains to be seen how this z Press for a specific GEF policy on indigenous peoples licenses. A major problem is that HTRs will be implemented. were issued over lands that were already The National Ministry of Trans- zz Proceedings of Bali workshop on Human burdened with rights, creating conflict migration agreed to revise its criteria for Rights and Standards for Agribusiness in between farmers and communities. assessing proposed transmigration sites, Southeast Asia FPP partner HuMa made further so that they respect the rights of indig- zz FPIC studies in RSPO-certified/RSPO mem- advances on the law decree, TAP MPR enous communities to give or withhold ber oil palm plantations across South-east IX/2001, which calls for recognition of their free, prior and informed consent Asia customary rights, resolution of land to planned developments affecting their zz Workshop on Commodity Roundtable conflicts and legal reforms to ensure customary territories. standards Amicus Curiae sound natural resource management. FPP provided an brief, zz Workshop and publication of FAO The project obtained support from the in English and Bahasa Indonesia, to the Implementation Guide on Land Acquisition, Regional Representatives' Council to Constitutional Court, to support local Free, Prior and Informed Consent, Indigenous hold hearings into the implementation of partners’ appeal for a review of the legal- Peoples and Other Local Communities reforms. ity of certain provisions of the Plantations zz Workshop targeting Asean Research by FPP and partner Epistema Act which criminalise their presence and Intergovernmental Commission on Human with four communities in Central Java livelihoods within plantations. The Court Rights, CERD and UN Special Rapporteur on the and West Kalimantan revealed that ruled in favour of the appellants and Right to Food to build regulatory capacity and customary law remains vigorous, not struck down two clauses of the Act as standards on the agribusiness sector in South only among Dayaks and other indigenous unconstitutional. East Asia

14 environmental governance

Highlights of 2011 Supporting forest peoples to regain Traditional Sundarban resource users collected and shared biodiversity infor- control over natural resources mation to improve their management of resources. FPP’s Environmental Governance Programme advocates for protected areas to respect forest peoples’ land rights and right to free, prior and Three Sundarban communities started trialling ‘mangrove aqua-silvi-culture’ informed consent. The EGP supports forest peoples to map and document as an adaption to salination caused by their traditional knowledge and resources and strengthen their traditional climate change. governance institutions, so they can regain control over their lands and The Wapichan people of Guyana resources through sustainable community-based territorial management finalised their community land use and self-determined development. map and territorial plan for sustainable resource management and self-determined development. Traditional resource users of the Sundarbans Wapichan communities confirmed unite in community co-operatives their plan for a large Wapichan Conserved Forest in their territory. During 2011 traditional resource users of the Sundarbans, Bangladesh, launched three community cooperatives. Supported by our partner Unnayan Onneshan, the A three-year capacity building cooperatives are a place for sharing information and ideas and enhancing cooperation programme in Lower Marowijne, among the members. In regular meetings, the groups discussed communal natural Suriname, strengthened indigenous resource management challenges and worked out solutions. Monthly membership leadership and governance. fees helped the cooperatives build up financial capital, with the aim of becoming Lower Marowijne communities re- self-sufficient and buying a boat and fishing net for each member. Training enabled searched local climate change impacts. community members to manage the cooperatives themselves. Experienced fishers and forest resource users continually monitor the status of Indigenous communities in northern biodiversity and keep digital records of biodiversity changes through the cooperatives. Thailand deepened their sustainable This helps the communities to take better-informed actions to conserve valuable resource management and biodiversity areas and species. The cooperatives also held workshops with older and younger research. resource users to produce maps of vulnerable areas, including those likely to be af- Indigenous lands in and around Doi fected by disasters and insecure livelihoods caused by climate change. Inthanon National Park were further Current indications are that climate change will cause more frequent and severe demarcated and mapped. floods and cyclones in the Sundarbans, and outside of their normal seasons. The communities and Unnayan Onneshan documented 47 ways in which communities are Participatory video and radio sup- adapting to insufficient livelihoods, water and infrastructure resulting from tropical ported Guna people in Panama to cyclones, storm surges and salinity intrusion. discuss climate change, biodiversity One community-based adaptation tool is ‘community mangrove aqua-silvi-culture’, and sustainable self-development. a new alternative to conventional shrimp cultivation. Communities affected by natural disasters in coastal areas in Khulna, Satkhira and Bagerhat districts started growing man- Bayaka people in CAR created a new grove in swampy lands where increased salinity has halted food crop production. They organisation to defend their rights in the Dzanga-Sangha Reserve, and are now trialling cultivating fish stocks together with mangrove species. Our project is started discussing plans for action. the first to make an in-depth study of this practice in Bangladesh, and aims to scale-up and promote community mangrove aqua-silvi-culture as a way to supplement tradition- FPP and partners contributed substan- al resource users’ income and reduce dependency on the Sundarbans’ resources. tial inputs on traditional knowledge, innovations and practices to CBD’s new major component on customary sustainable use.

At IUCN’s Sharing Power conference, FPP and partners helped establish the Whakatane Mechanism to assess how well protected areas are meeting the ‘new paradigm’ of conservation.

The first Whakatane pilot assessment found serious rights violations against the Ogiek people by managers of Mt. Elgon National Reserve, Kenya.

FPP maintained partnerships with international organisations and networks working on rights and biodiversity. Traditional resource users carried out vulnerability mapping, assessing which areas are most at risk of climate change-related disasters. Photo Unnayan Onneshan

15 environmental governance

Suriname indigenous peoples empower themselves Indigenous village councils from Lower Marowijne, Suriname, completed the last phase of a three-year capacity building programme initiated by the councils in 2008 to strengthen their leadership and governance. Many villages are now governed more transparently and effec- tively; for example, the village regulation was used to replace a village leader who had been malfunctioning for a long time. When evaluating the impact of the training, most people felt that a lot had improved, but there was still more work to do to apply the capacity, awareness, and skills gained. KLIM, the organisation representing Community members reviewed and corrected their draft collective plan for caring for Wapichan the councils, held workshops in the eight territory at a week-long assembly in Shorinab. Photo: Tom Griffiths villages to discuss the Marowijne territorial management plan and analyse the strengths and weaknesses, opportunities Wapichan people complete their community and threats related to the area and the land use map and territorial plan communities, in preparation for further work on the plan in 2012. The communi- The Wapichan people, of the South ties and KLIM researched climate change Rupununi District of Guyana, held two as- impacts in two villages, interviewing 36 Now I see the final draft semblies to finalise their community land people including elders, shamans and of our map up on the wall, use map, territorial plan, and inter-com- people with specialist knowledge. Many it brings tears of joy to munity agreements on sustainable land were concerned about changing patterns my eyes. Our people have use and self-determined development. worked for years to come up of dry and rainy seasons, which is affect- The meetings, organised by the South “ ing food production. The research will with this map, which shows and South Central Districts Toshaos very well how we use and oc- expand to the whole territory in 2012. Councils (DTCs) with technical sup- cupy our traditional land. A national conference on land rights, port from the South Central Peoples Sometimes we thought we organised by the government, came to Development Association and FPP, were would never see the end re- an abrupt halt when VIDS, FPP’s indig- the latest stage in the Wapichan’s 10- sult. Now we have it almost enous partner organisation, presented year campaign to have the full extent of finished, we are proud with a plan compiled by Maroon organisa- their traditional lands in Guyana legally what we have achieved. tions and indigenous people, calling on recognised. Kokoi, Wapichan elder, Validation Meeting, Karaodaz Suriname to respect its international Between 100 and 150 elders, women, Village, October 2011 obligations and the Saramaka judgement youths and village council members (see page 5). The president ended the discussed and ratified agreements on common land title boundaries. They carefully” conference, claiming that the indigenous reviewed the final drafts of their land use map and territorial plan (orally translated into and Maroon demands and the govern- the Wapichan and Makushi languages) and, through consensus, they made changes to ment’s own proposal for a ‘Surinamese text, photographs, quotes and maps where necessary. solution to the land rights issue’ were Among many land use agreements, too far apart and discussion would be a communities validated a proposal to waste of time. establish a large Wapichan Conserved Forest in the eastern and southern parts of the territory, as well as numerous plans to protect the sacred sites and local sites important for fish, game animals and wildlife. At the end of the meetings, community leaders and villagers voiced satisfac- tion with their final document and called on FPP and other allies to continue providing support to help them implement Wapichan community members checked and their plan for securing and sustainably Capacity building for indigenous councils in approved their final land use map.Photo: Tom Griffiths managing Wapichan traditional lands. Suriname. Photo: Caroline de Jong

16 environmental governance

Indigenous community resource management in Thailand Our partner organisation Inter Mountain Peoples Education and Culture in Thailand (IMPECT) supported indigenous communities in northern Thailand who continue to face threats to their lands and livelihoods. Karen communities were evicted by National Park wardens and military forces from their ancestral lands in the Kaeng Krachan National Park, and officials of Doi Inthanon National Park shot one villager carrying pine wood to sell in town. IMPECT supported communities to challenge these abuses, and worked with The Karen people’s traditional conservation rituals connect their spiritual beliefs and sustainable them to deepen their activities on sus- resource use. Photo: IMPECT tainable resource management, including mapping and monitoring of biodiversity, land and community forest boundaries and woven products. and research in the community-based around and within Doi Inthanon National IMPECT provided training for indig- aquatic biodiversity conservation areas Park. The project promoted the use of enous peoples and community leaders in Khun Pae and Huoy Puu Ling. IMPECT alternative energy in the communities on the Convention on Biological Diversity also supported an in-depth study of as well as community enterprises and (CBD) and climate change issues, and indigenous resource management in the sustainable livelihood initiatives, to gen- facilitated training for non-indigenous Mae Ya-Mae Pon watershed and further erate alternative incomes. The women’s peoples on the rights of indigenous peo- demarcation and mapping of agricultural network facilitated trainings on new craft ples and the CBD.

Video and radio build community capacity on climate change in Panama

winds, floods, and rain. The video on Nabire Gudi Guede (The Guna Worldview and way of interacting with Mother Nature) deals with the importance of cultural knowledge in the management of the land and natural resources. The project team is documenting impacts of climate change on water systems, forest areas and cultivated areas and FPCI published an inventory of the flora and fauna of the coastal marine systems in Guna Yala, with pictures of the most common species and simple explanations of their customary use. FPCI also organised two training workshops for Guna women on women’s Participatory video and radio supported discussions within Guna communities about climate change, rights, Article 10(c) of the Convention biodiversity and sustainable self-development. Photo: Tom Griffiths on Biological Diversity (CBD), climate change, indigenous peoples and commu- FPP’s local partner in Panama, Fundación in the Guna language, are proving a good nity-conserved areas, and biodiversity in para la Promoción del Conocimiento way of explaining abstract concepts and general. Indígena (FPCI), is using participatory vid- are also collecting valuable information FPCI broadcasts information on the eo to share information with indigenous by interviewing local experts. project in ‘Paths of Biodiversity’, a regular Guna communities on climate change In the video about climate change in Sunday morning radio programme for in- and biodiversity issues and strengthen Guna Yala, elders talk about the ances- digenous peoples and the general public community understanding of sustainable tors’ legacy, respect for mother earth, in Panama. The radio hosts are receiving and equitable self-development, based the threats the territory is faced with and increasing numbers of calls from listeners on their traditional knowledge and cus- the changes they are observing, such asking about indigenous peoples, climate tomary practices. The videos, produced as sea pollution, increasing heat, heavy change and protected areas.

17 environmental governance

Bayaka dialogue with conservationists in Central International African Republic partnerships on biodiversity In addition to our long-standing partnership on CBD issues with the International Indigenous Forum on Biodiversity, FPP collaborates with several international organisations and networks on rights and biodiversity issues. We work with SRC/Swedbio and Naptek from Sweden to promote exchange between diverse knowledge systems, involving dialogue between scientists, policymakers and traditional and other knowledge holders. We provide input on this subject to the Intergovernmental Panel on Biodiversity and Ecosystem Services (IPBES) advocat- Bayaka people have created a new organisation to defend their rights in the Dzanga Sangha Reserve. ing that the IPBES should be a knowledge Photo: Emmanuel Freudenthal platform rather than a science platform; it should establish processes to involve FPP worked closely with the Union des Communautés Bayaka (UCB) who repre- diverse types of knowledge and knowl- sent the Bayaka people living in the Dzanga-Sangha Reserve in the Central African edge holders in an equal manner. Republic. The UCB assembly, consisting of four representatives from each Bayaka FPP is on the Steering Committee of community, proposed activities that UCB should undertake which were discussed by the International Partnership for the the communities in two meetings in March and October, aided by the purchase of a Satoyama Initiative. We participate in the motorbike which enabled UCB coordinators to reach all the communities. Indigenous and Community Conserved UCB invited WWF (who currently manage the park) and the government to the Areas (ICCA) Consortium and the CBD second meeting, and formally asked them to hand back the customary territories of Alliance, contributing to development of the Bayaka. Although the conservationists have not responded, the meeting opened CBD Alliance strategies and submitting a discussion with the protected area managers on sharing tourism revenues – which articles to ECO, the newsletter of civil the Bayaka see very little of – and on joint management. society at CBD sessions.

CBD: new focus on customary sustainable use The ‘new major component on customary sustainable use’ in the CBD Programme of Work on Article 8(j) provided an invaluable opportunity for FPP and partners to provide substantial inputs on traditional knowledge, innovations and practices via official submissions, participation in an international expert meeting on customary use, and the 7th meeting of the Working Group on Article 8(j) and Related Provisions. FPP partners’ comprehensive documentation of their traditional knowledge and practices is contributing to increased international recognition of the role of customary sustainable use in The Working Group acknowledged biodiversity conservation. Photo: Tom Griffiths the importance of customary sustainable use and traditional knowledge in ‘indicative tasks’ for developing the plan. depth dialogue on ecosystems manage- conserving and upholding biodiversity, This included some promising tasks on ment, services and protected areas, to land- and sea-scapes, including protected community-based resource management, present their local experiences, which areas, and invited Parties to address and governance and respect for customary were very well received. incorporate customary sustainable use in laws and rules, and traditional authori- At the 15th meeting of the CBD’s their national biodiversity strategies and ties. However, tasks dealing with legisla- scientific advisory body FPP participated, action plans. tion and rights in relation to indigenous with the International Indigenous Forum To allow more time for discussion and peoples’ lands, waters, and resources on Biodiversity and Tebtebba, in nego- reflection, the Working Group agreed to remained controversial and unresolved. tiations on the rationale and indicators produce a Plan of Action on Customary The CBD Secretariat selected four FPP related to the targets of the CBD 2011- Sustainable Use and proposed a set of partners to the panel of the plenary In- 2020 Strategic Plan.

18 environmental governance

Further resources: zz Gender dimensions in indigenous peoples’ customary use of biodiversity. http://tinyurl.com/c2nelew zz Upcoming Convention on Biological Diversity meetings with issues of relevance to Indigenous Peoples. http://tinyurl.com/d3t3p58 zz President of Suriname shuts down land rights conference following clear demands from indigenous and tribal peoples. http://tinyurl.com/bplhtfw zz Climate change in Guna Yala. http://tinyurl.com/bv4awbe zz CBD Working Group agrees on development of new Plan of Action on Customary Sustainable Use of biological resources. http://tinyurl.com/cwnydfm zz Customary sustainable use of biodiversity by indigenous peoples and local communities: Examples, challenges, community initiatives and recommendations relating to CBD Article 10(c) (updated). http://tinyurl.com/d4lm8ev zz CBD: new focus on customary sustainable use. The Whakatane mechanism assessed the management of Kenya’s Mt. Elgon National Reserve, which In: www.cbd.int/ngo/square-brackets/square- has repeatedly evicted indigenous Ogiek communities. Photo: Louise Henson brackets-2011-06-en.pdf zz Concept note for the Pilot Whakatane Whakatane Mechanism examines human rights Assessments. http://tinyurl.com/bo8n668 issues in conservation

FPP supported indigenous peoples to hold a high-level dialogue with the IUCN Committee on Environmental, Economic and Social Policy at IUCN’s Sharing Power conference held in Whakatane (New Zealand), in January 2011. The aim was to identify concrete means by which the IUCN would implement the various resolutions and Coming up in 2012: recommendations adopted by the 2004 and 2008 World Conservation Congresses in zz Support partners to review their countries’ favour of indigenous peoples. new National Biodiversity Strategies and Action This dialogue was successful in producing the Whakatane Mechanism, which aims Plans and make inputs to 5th national reports to assess how protected areas are affecting local people, and propose and implement to the CBD solutions where there is negative impact. The Mechanism also aims to identify, cel- zz Participate and support partners in the ebrate and support successful protected areas that recognise the role of indigenous Whakatane Assessment of Ob Luang National peoples’ sustainable management in safeguarding biodiversity and are thus moving Park, Thailand towards the ‘new paradigm’ of conservation. z The Mechanism is jointly implemented in each protected area by the responsible z Support partners at national conference on Forests and People in the Sundarbans government institutions, IUCN, FPP, local indigenous peoples’ organisations and local (Bangladesh) community organisations. The Whakatane Mechanism held its first pilot assessment at the end of 2011 in the zz National launch of Wapichan maps and ter- Mt. Elgon National Reserve, Kenya, after several preparatory visits by FPP and with ritorial management plan strong support from IUCN’s Eastern and Southern African Regional Office. The assess- zz Second Global Conference of the ment consisted of an initial roundtable with the different institutions involved in the International Partnership for the Satoyama protected area, to explain the concept of the Whakatane Mechanism and plan ahead. Initiative (IPSI-2), Nairobi, Kenya This was followed by a scoping study in the field to meet with communities and local zz Expert workshop in Guna Yala on ‘exchange officials, and a second roundtable to present and agree on the findings and recom- between knowledge systems’ mendations of the assessment. zz Support indigenous inputs to CBD on The assessment found serious problems with the government’s management prac- climate change and biodiversity (at 16th tices, including repeated evictions of Ogiek indigenous peoples from their ancestral SBSTTA), review of implementation of the lands, burning of their houses and stealing of their cattle. While numerous events convention (at Ad Hoc Open-ended Working during the assessment showed how some institutions marginalise the Ogiek, the Group) and on the new work component on Ogiek were able to have fresh dialogues with the government and other organisa- customary sustainable use (at 11th Conference tions, allowing all to recognise that the Ogieks’ sustainable livelihood practices and of Parties) presence in the area have most likely been key to protecting the forests, fauna and zz IUCN World Conservation Congress (WCC-5) water catchment areas. zz Support partners to continue work on At the end of the Assessment, a programme of work was validated by all partici- community management plans, biodiversity pants who agreed on steps to establish evidence-based co-management structures to monitoring, climate change impacts and com- ensure respect of the Ogieks’ sustainable management of their land. munity adaptation

19 organisation Staff news Funders with grateful thanks to:

Arbeitsgemeinschaft Regenwald und Artenschutz (ARA) ARCUS AW60 Bromley Trust Christensen Fund ClimateWorks Foundation Darwin Fund Ecology Trust Eco System Alliance Eden Bequest Dr Justin Kenrick left the Board to join the staff as Policy Advisor with European Commission strategic oversight of FPP’s expanding work in Africa. We thank him for his Food and Agriculture Organisation of the United Nations invaluable support and advice over the last decade. We also welcomed The Ford Foundation Conservation five new staff members. Gemma Humphrys joined as Communications The Ford Foundation Indonesia Assistant, working with Annabelle Rossi. Anthropologist Sophie Chao, after The Ford Foundation Eastern Africa a very productive internship, became Assistant to the Director, supporting Grassroots Foundation his work in Asia. The Legal and Human Rights Programme gained human Global Environment Facility rights lawyers Tom Lomax and Stéphanie Vig, working mainly in East Grundtvig National Agency and Central Africa, and Alancay Morales, an indigenous advocate from The Charles Stewart Mott Foundation Costa Rica, strengthening our engagement with forest peoples in Central NORAD America and the Caribbean. Oxfam Novib Rights and Resources Initiative (RRI Roundtable on Sustainable Palm Oil (RSPO) High Conservation Value Areas Board of Trustees Swedish International Development Cooperation Agency (SIDA) Joji Carino Justin Phipps Sigrid Rausing Trust Chad Dobson Silas Siakor Swedbio Seamus Finn Tarcila Rivera Zea Waterloo Foundation Justin Kenrick Paul Wolvekamp WF Southall Carolyn Marr Carol Yong Woodtiger Saskia Ozinga WWF Deutschland Thanks also to our individual donors, Staff with particular thanks to Simon Gershon Marcus Colchester Director Louise Henson Managing Director Patrick Anderson Policy Advisor, Indonesia Finance Sophie Chao Assistant to the Director Opening balance £543,487 Fiona Cottrell Finance Manager Income £2,502,881 Expenditure £2,179,878 Valérie Couillard Coordinator, Legal & Human Rights Programme (LHRP) Grants 98.7% Staff costs 38.2% Caroline de Jong Project Officer, EGP Donations 0.7% Field projects 45.9% Conrad Feather Project Officer, RFP & EGP Bank Interest 0.1% Travel/M&E 8.0% Maurizio Farhan Ferrari Coordinator, Other Income 0.5% Administration 3.8% Environmental Governance Programme (EGP) Documentation 3.2% Emmanuel Freudenthal Project Officer, RFP & EGP IT/Equipment 0.8% Tom Griffiths Coordinator, Communications 0.4% Responsible Finance Programme (RFP) Exchange gains -0.3% Gemma Humphrys Communications and administrative assistant Vanessa Jiménez Senior Attorney, LHRP Justin Kenrick Policy Advisor, Africa Chris Kidd Project Officer, LHRP Emil Kleden Field Officer, Indonesia Tom Lomax Lawyer, LHRP Fergus MacKay Senior Counsel, LHRP Francesco Martone Policy Advisor, RFP Alancay Morales Garro Project Officer, LHRP John Nelson Africa Regional Coordinator Julia Overton Logistics and Administrative Officer Sue Richards Administrative Assistant Sarah Roberts Institutional Finance Manager supporting forest peoples’ rights Annabelle Rossi Communications Officer Helen Tugendhat Policy Advisor, LHRP & RFP www.forestpeoples.org Messe Venant Field Officer, Cameroon Rebecca Whitby Administrative Assistant Stéphanie Vig Lawyer, LHRP 1c Fosseway Business Centre, Stratford Road Penninah Zaninka Project Officer, Uganda Moreton in Marsh, GL56 9NQ, UK tel: +44 (0)1608 652893 Heartfelt thanks to our volunteers: fax: +44 (0)1608 652878 Sophie Chao, Christina Eley, Belissa Guerero Rivas , Paulina Jakubec, [email protected] Adrian Mylne, Sarah Nicholas, Sue Richards, Victoria Schmeda, Rebecca Witter and Tracy Wright Charity Registration 1082158 A company limited by guarantee (England & Wales) Reg. No. 3868836 Report edited and designed by Dorothy Jackson