Forest Peoples Programme Update - Rights + Resources - Supporting Forest Tenure, Policy, and Market Reforms

Blog | 13 .12. 2010 | Rights and Resources Initiative

The latest update from the Forest Peoples Programme” an RRI Partner:

International negotiations about forests and climates now challenge us all with an alphabet soup of acronyms and a dense porridge of procedures. Navigating this world of global finance and intergovernmental agreements requires patience” concentration and the memory of an elephant. Yet the underlying principles that forest peoples are insisting on remain fundamentally the same. In making decisions about the future of forests” be it for sequestering carbon” biodiversity conservation or economic development” forest peoples’ rights must be recognised and upheld – to their lands” forests and resources” to self-governance and to give” or to withhold” their free” prior and informed consent to activities that may affect their rights. Although these rights are accepted in international law and endorsed by human rights treaties that most countries have ratified” forest peoples still struggle to get them recognised in other forums and on the ground.

This issue of our newsletter shows how indigenous peoples’ rights are still in the mix of the texts to be negotiated at the next climate talks in Cancun” although the outcomes remain uncertain. Meanwhile” the proliferating agencies planning to implement activities designed to reduce emissions of greenhouse gases from deforestation and forest degradation (REDD) are increasingly unclear about how they will safeguard forest peoples’ rights. The different agencies of the World Bank” the United Nations” the Global Environment Facility and the regional multilateral banks all have” or are developing” their own rules and standards” which are confusing enough to government bureaucrats let alone communities unfamiliar with international aid processes.

On the ground” in Guyana” not only is the Government not addressing indigenous peoples’ land claims but the Norwegian government appears to have waived safeguards for the first US$30 million of its REDD monies altogether. Some of this money may end up paying for the first of a huge series of hydro-power dams planned for the interior” just as in Costa Rica – which wants to be the first carbon neutral country in the Americas – where the Diquis dam is being pushed ahead on indigenous lands without their consent. By contrast in Paraguay” an emerging national consensus promises to secure indigenous peoples’ rights to lands and to free” prior and informed consent in REDD schemes.

Even getting protected areas and other conservation initiatives to respect forest peoples’ rights remains a big challenge. A new film from Bangladesh shows how communities struggle with ‘fortress conservation’ schemes that deny their rights to use and manage their forests. A large delegation of indigenous peoples active at the latest Conference of Parties of the Convention on Biodiversity achieved mixed results in Nagoya as a result of governments’ very partial understanding of their obligations under international human rights law.

The rulings of international human rights bodies” such as those reported below from Costa Rica and Brazil” point the way forwards. Instead of inventing divergent and contradictory norms and standards of their own” all international agencies dealing with development” conservation and climate change need to accept a rights-based approach that upholds rights already enshrined in international law.

Marcus Colchester

Director

Forest Peoples Programme

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Indigenous peoples strive for recognition of their rights as international agencies scramble for REDD+ deal

While inter-governmental climate negotiations (UNFCCC) still face major stumbling blocks to achieving a global agreement on climate change finance” independent initiatives on REDD+ have multiplied in the past few months. At the same time” indigenous peoples continue to express concerns that insufficient measures are being taken to respect their rights. The Governments leading the ‘Interim REDD+ Partnership’” for example” have held meetings in recent months that have not given enough space for indigenous peoples’ participation. Meanwhile the key donor agencies in the ‘Partnership’ are seeking to harmonize their REDD-related activities and finance: the World Bank’s Forest Carbon Partnership Facility (FCPF) has responsibility for ‘readiness planning’ and preparation activities (the so-called ‘first’ phase’) and then a ‘third phase’ of actual REDD actions; the World Bank’s Forest Investment Programme (FIP) has funds for a ‘second phase’ of implementing the ‘readiness plan’; and UN-REDD” which deals with measuring” reporting and verification (MRV)” stakeholder engagement and indigenous peoples’ participation.

Slow progress in climate negotiations towards Cancun.

REDD+ related outcome still unclear – risks dilution of language on indigenous peoples’ rights” safeguards

Governments met in Tianjin (China) in early November for a UN Climate Talks session to prepare for the Conference of the Parties (COP16) taking place in Cancun (Mexico) in December. No real advancement was registered towards a legally binding agreement” with parties postponing any decision on emissions reductions to 2011 at COP17″ and governments remained reluctant to make strong commitments on safeguards for REDD+. COP 16 was expected to deliver a series of COP Decisions including “Readiness phases of activities that contribute to mitigation actions in the forest sector (REDD plus).” However” the Chair of the Ad Hoc Working Group on Long-term Cooperative Action (AWG-LCA)” Margaret Mukahanana-Sangarwe” is now aiming at a single COP decision encompassing topics on which she believes progress has been achieved (including REDD+).

Teribe people of Costa Rica demand their rights in relation to the Diquís Dam

For over 40 years” the Costa Rican government has planned the construction of one of the largest hydroelectric dams in Central America. The plan has been modified several times due to serious criticism for its potential negative environmental and social impacts – especially on indigenous peoples. In 2008″ the government of Costa Rica declared the Diquís Dam as being of public interest and national convenience” giving full support for its construction. The proposed Diquís Dam will flood more than 10% of the traditional and titled lands of the Teribe people and more than 5% of those of the Cabécar People. The Teribe people consider the Diquís Dam as a grave threat to their survival as a people” since the Teribe total around only 750 individuals.

Joy and disappointment go hand in hand at the 10th meeting of the Conference of the Parties to the Convention on Biological Diversity

In the early morning hours of Saturday 30th October” after two weeks of intense” late-night sessions and down-to-the wire negotiations” the Parties to the Convention on Biodiversity (CBD) at their 10th Conference (COP 10)” adopted a “package” which consists of a protocol on Access and Benefit Sharing” a new Strategic Plan” and a strategy for the mobilization of resources to effectively implement the convention. In addition” more than forty other Decisions were adopted” including Decisions on: Biodiversity and Climate Change; Protected Areas; Sustainable Use; and Traditional Knowledge” Innovations and Practices. Indigenous peoples celebrated some victories” but also returned home with concerns.

Guyana’s forest and climate plans continue to generate controversy and sideline indigenous peoples

While the President of Guyana was named a “Champion of the Earth” by the UN earlier this year in relation to his efforts to secure international support for forest protection and “low carbon” growth” some indigenous leaders and civil society organisations both inside and outside the country continue to expose and challenge the deep contradictions in the government’s forest and climate plans. In June 2010″ the President of the Amerindian Peoples Association (APA) made a strong statement to the Sixth Participant’s Committee meeting of the World Bank Forest Carbon Partnership Facility (FCPF) in Georgetown” asking why key land rights issues raised repeatedly by APA have still not been addressed in the Guyana Forestry Commission’s (GFC) latest REDD+ readiness proposals.

Indigenous Peoples in Paraguay seek solid guarantees for the protection of their collective rights in national REDD planning processes

Indigenous Peoples and indigenous organisations in Paraguay have worked hard in 2010 to obtain guarantees from the government and the United Nations that any policy” decision or initiative relating to REDD readiness will respect their collective rights” including rights to land and the right to free” prior and informed consent (FPIC). Through its participation in the national REDD Committee” for example” the Coordinadora por la Autodeterminación de los Pueblos Indígenas (CAPI)has stressed that the UN-REDD programme must comply fully with its own Operational Guidance on Indigenous Peoples. At the same time” CAPI has insisted that the government must fulfil its obligations under international and regional human rights treaties that the country has ratified.

Global Environment Facility finally plans to adopt social safeguards

In October 2010″ the head of the GEF” Monique Barbut” announced that the GEF would be developing safeguard policies. These safeguards will address the environmental and social impacts of projects” and specifically address the particular concerns of indigenous peoples. The safeguards will apply to all of the GEF’s Implementing and Executing Agencies and an external institution” or agency of some form” will monitor compliance. Indigenous peoples have seized this opportunity and have developed and presented a proposal to the GEF Council” outlining how a policy addressing their concerns could be developed.

Press Release: Inter-American Commission on Human Rights Agrees to hear case of Indigenous Peoples in Raposa Serra do Sol” Brazil

After years of waiting” during which they suffered from violent attacks and the degradation of their ancestral lands” the Ingaricó” Macuxi” Patamona” Taurepang and Wapichana indigenous peoples of Raposa Serra do Sol received a favorable decision by the Inter-American Commission on Human Rights. During its last session at the end of October” the Commission issued an admissibility decision in their case against the Government of Brazil. In doing so” the Commission signaled not only that the Government’s treatment of indigenous peoples in Raposa may constitute a violation of their human rights” but that the Commission is now ready to enter its final stage of review of the case and issue a concluding report.

Read the full Rainforest Foundation US and Forest Peoples Programme Press Release

New film: Dwindling Forests: Dwindling Futures? Mangroves and Forest Peoples Under Threat in the Sundarbans” Bangladesh

A new short film” made together with Sundarbans forest communities” highlights how customary use of biodiversity by traditional resource users in the Sundarbans mangrove forest is vital to the conservation and sustainable use of this wetland of international importance” which incorporates a UNESCO World Heritage Site and RAMSAR site. However” traditional knowledge and customary use are being ignored by the Bangladesh Government” and forest peoples are being excluded from decision-making and management of the forest. The film calls for respect and recognition of traditional resource users' knowledge and practices and a participatory approach to the management of the Sundarbans as a contribution to the implementation of the Convention on Biological Diversity (CBD)” as well as respecting forest peoples' dignity and securing their livelihoods and future.

Watch the short film made by Humanity Watch” Unnayan Onneshan” Forest Peoples Programme and The Ecologist Film Unit

Malaysia – Radio Free Sarawak goes on air

Radio Free Sarawak went on air in November” 2010. The new alternative radio station will broadcast two daily broadcasts on shortwave. It aims at reaching Sarawak's rural communities who lack access to independent media. Transmission details:

1st transmission: 0630-0730 local time (GMT +8) on 7590 kHz (short wave).

2nd transmission: 1800-1900 local time (GMT +8) on 15680 kHz (short wave).

Looking Ahead: International Union for Conservation of Nature dialogue in New Zealand” January 12th-15th 2011

Five indigenous peoples’ representatives from Thailand” Suriname” Uganda and Cameroon will be attending the IUCN Commission on Environmental” Economic and Social Policy (CEESP) Sharing Power conference in New Zealand in January 2011. They will be sharing their experiences about the interaction between their communities and protected areas” including negative impacts caused by imposed conservation and efforts to find solutions to benefit both people and nature. Their intervention will be a reminder and update on their published reports here. Since 2004 (7th Meeting of the Conference of the Parties to the Convention on Biological Diversity)” States have committed themselves to respect indigenous peoples’ rights and to share power in conservation. Some conservation NGOs have done so even earlier and those commitments culminated in the adoption of a “new paradigm” in conservation at the World Parks Congress in Durban in 2003. Nevertheless” limited progress has been achieved in implementing this new paradigm on the ground” and much more remains to be done.