Revival celebrating customary law and sacred natural sites in Bale, Ethiopia

Revival, a film from MELCA Ethiopia and The Gaia Foundation, follows a meeting of African Sacred Natural Site Custodians in the stunning highlands of Bale, Ethiopia. There they gathered to celebrate MELCA Ethiopia’s ten years working to revive Sacred Natural Sites and customary law in Ethiopia, to exchange knowledge, stories and experiences.

Featuring interviews with Sacred Natural Site Custodians and Earth Jurisprudence practitioners and vibrant footage from Ethiopia’s unique highland ecology, Revival takes us to the heart of efforts to regenerate biocultural diversity and restore a respectful relationship with Earth in Africa.

Our Roots, Our Responsibility

Our Roots, Our Responsibility

INDIGENOUS CUSTODIANS CALL FOR RECOGNITION AND PROTECTION OF SACRED NATURAL SITES

Indigenous custodians from Benin, Uganda, Kenya and Ethiopia have released a powerful new statement outlining the importance of sacred natural sites and governance systems.

Emerging out of a biocultural diversity revival movement that’s starting to build serious momentum across continental Africa, the statement forms the heart of a new report that builds the case for the African Commission on Human and Peoples’ Rights to do its part.

The new report, authored by The Gaia Foundation, African Biodiversity Network and human rights lawyer Roger Chennels, draws attention to the way that sacred natural sites and their community custodians have been systematically undermined and violated since the colonial era. Despite the official decolonization of Africa, this persecution continues today, say the authors, who have extensively documented the renewed scramble for Africa’s land, mineral, metal and fossil fuel wealth and its impact on Indigenous territories.

Sabella Kaguna, a sacred site custodian from Tharaka, Kenya, with a map of her ancestral territory and indigenous seeds (Photo: The Gaia Foundation)

Sabella Kaguna, a sacred site custodian from Tharaka, Kenya, with a map of her ancestral territory and indigenous seeds (Photo: The Gaia Foundation)

Both the custodians and the report’s authors are now urging the African Commission to invoke the African Charter on Human and People’s Rights (African Charter). and protect sacred sites, governance systems and custodians in a ‘decisive policy and legislative response’ to these threats.

SACRED NATURAL SITES

SOURCE OF KNOWLEDGE, CULTURE AND LAW

According to the new report, sacred sites are “Places of ecological, cultural and spiritual importance, embedded in ancestral lands”. They also play an important role in community conflict resolution practices and other traditions central to the cultural life of Indigenous Peoples.In their statement custodians describe the centrality of sacred sites to their existence, writing that “Sacred natural sites are where we come from, the heart of life. They are our roots and our inspiration. We cannot live without our sacred natural sites, and we are responsible for protecting them.”

Sacred site custodians from Bale Ethiopia. (Photo :Tamara Korur)

Sacred site custodians from Bale Ethiopia. (Photo :Tamara Korur)

The custodians go on to outline in detail how sacred natural sites are the primary source of their laws and customary governance systems. Drawing together a list of common customary laws, the custodians demonstrate how these governance systems enable Indigenous Peoples to both protect their territories and maintain their ways of life and identities.

Quoting Beninese custodian Ousso Lio Appolinaire on the relationship between nature and culture, the report’s authors emphasize that a priori laws based upon and derived from the laws of the Earth underpin the great diversity of laws and customs practiced by Indigenous Peoples worldwide.

“In the beginning there was Nature; culture and indigenous knowledge come from Nature. Nature cannot be protected in a sustainable way without the culture of that place. The erosion of culture leads to the destruction of Nature. It is critical to conserve the culture and knowledge of our ancestors for good ecological governance in service of Nature”, says Appolinaire.

The custodians’ are calling for the African Commission to recognize and protect sacred natural sites on the basis that they are the foundations of the governance systems, cultures and values celebrated and enshrined in the African Charter.

The report discusses at length the commitment the African Charter makes to recognizing Africa’s legal plurality, including Indigenous People’s customary governance systems. Laying out a broad vision for an Africa free of colonialism, Articles 17, 18 and 61 of the Charter promote plurality and the traditional cultural values that, for custodian communities, are intimately tied to the existence and health of sacred natural sites.

In order to safeguard these rights, sacred natural sites must be protected, and the customary governance systems connected to them honored, argues the report.

LOSING LAND AND MEMORY

SACRED SITES UNDER THREAT

The custodian’s statement intimates a critical need to protect sacred natural sites in accordance with the African Charter due to the interconnected crises of disappearing knowledge and increasingly devastated ecosystems.

VhaVenda community members and their ecological calendar in Venda Limpopo. (Photo: Will Baxter)

VhaVenda community members and their ecological calendar in Venda Limpopo. (Photo: Will Baxter)

“We are deeply concerned about our Earth because she is suffering from increasing destruction despite all the discussions, international meetings, facts and figures and warning signs from Earth… the future of our children and the children of all the species of Earth are threatened. When this last generation of elders dies, we will lose the memory of how to live respectfully on the planet, if we do not learn from them now,” say the custodians.

As remedy, the custodians describe a litany of destructive and disrespectful practices that sacred natural sites ought to be legally protected from. These include unwanted tourism, research and documentation, the use of non-indigenous seeds, land grabbing and financial speculation.

Special attention is given to the problem of extractivism, with custodians declaring sacred natural sites to be ‘No Go Areas’ for mining and other forms of destructive ‘development’. They write that “Sacred natural sites are not for making money. Our children need a healthy planet with clean air, water and food from healthy soils. They cannot eat money as food or breathe money or drink money. If there is no water, there is no life.”

“In my country sacred sites are holy places, they are not a place for infrastructural development. Those sites are kept by the community”, says Sabella Kaguna, a custodian from Tharaka in Kenya and one of the statement’s authors.

In order to ensure custodian communities are empowered to protect sacred sites on their own terms, the custodians are seeking legal parity. They write that they have observed how the dominant legal system in their home nations is operationalized to legitimize the destruction of sacred natural sites in contravention of their own laws and customs.

This trend has been recognized by the African Commission’s own Working Group of Experts on Indigenous Populations. In a 2010 report the group described how “Indigenous communities in Kenya, like most others in Africa, often rely on their African customary law. However, Kenya’s legal framework subjugates African customary law to written laws. […] African customary law is placed at the bottom of the applicable laws”.

The report draws attention to examples of ‘multi-juridicial’ legal systems from around the world as examples of how indigenous legal traditions can be given greater parity. Describing the African Charter as ‘replete’ with references with legal pluralism and the need to respect ancestral legal systems, it makes the case for more wide-ranging and robust protection of these systems in African nations under the Charter.

A REVIVAL GATHERS PACE

Though the custodians’ statement calls for new actions from the African Commission and member states, at the grassroots level Indigenous custodian communities have been taking active steps to protect sacred natural sites for a number of years.

The report shares a number of case studies that showcase the success Indigenous communities have had in protecting sacred sites so far.

Meeting of sacred site custodians at Lake Langano, Ethiopia 2015 (Photo: The Gaia Foundation)

Meeting of sacred site custodians at Lake Langano, Ethiopia 2015 (Photo: The Gaia Foundation)

Benin is home to a network of sacred natural sites, known as Vodun zun, including over 2,940 sacred forests. In 2012, due in large part to the work of Indigenous-led organization GRABE-Benin, Benin set a new precedent by creating a ‘sacred forest law’ (Interministerial Order No.0121). The law formally protects sacred forests, recognizing their importance for biodiversity and ethno-cultural traditions.

Since that time GRABE-Benin has accompanied communities to apply for registration and legal recognition of their sacred forests as protected areas, as well as recognition of the communities’ rights to govern and protect them. By the end of 2013, a total of nine sacred forests had been formally protected.

Sheka Forest (Photo: Will Baxter)

Sheka Forest (Photo: Will Baxter)

In the Sheka region of Southern Ethiopia, a region famous for rare afromontane forests, Shekacho communities have made great strides to protect the area’s 200+ sacred natural sites from threats such as deforestation.

With assistance from MELCA-Ethiopia, a local NGO, the communities have begun to revitalize their traditional culture, and clans have united to seek protection for sacred sites. As a result of these efforts, Sheka Forest was recognized as a UNESCO Biosphere Reserve in 2012. Since then, the regional government has issued a regulation for the protection of the Sheka forest Biosphere Reserve.

These successes are part of a wider process of Indigenous cultural revival under way across Africa. The report describes how communities such as those in Sheka and Benin are coming together to rebuild their cultural identities and customary governance systems. In doing so, they are challenging dominant legal systems that continue in the colonial vein of legitimizing eco-cultural destruction, rather than preventing it.

A new film from the report’s authors provides greater insight into this ongoing revival. In the film, Method Gundidza of the Mupo Foundation (South Africa) describes the critical importance of customary governance at a time of multiple eco-social crises:

“We are saying that law should derive from nature. And if law should derive from nature, customary governance systems are the law. This is where it (law) should come from. These are the (Indigenous) people whose day-to-day lives reflect how to live with nature and how to care for nature.”

The custodians and their supporters now hope their statement will impress this key insight upon the African Commission and inspire them to action. In the meantime, they will continue with their quiet revolution.

Lummi Tribal Leaders Rally in D.C. Against Nation’s Largest Coal Terminal

Lummi Tribal Leaders Rally in D.C. Against Nation’s Largest Coal Terminal

Lummi tribal leaders and members gathered last Thursday in Washington, D.C. to express concerns about treaty violations related to the proposed coal terminal and train railway for Cherry Point, Washington.

In addition to the Lummi Nation, tribal members and leaders from the Tulalip, Swinomish, Quinault, Lower Elwha Klallam, Yakama, Hoopa Valley, Nooksack and Spokane nations were in attendance.

Chairman of the Lummi Nation Tim Ballew II expressed his concerns last Thursday in Washington, D.C. to express concerns about treaty violations related to the proposed coal terminal and train railway for Cherry Point, Washington.

Chairman of the Lummi Nation Tim Ballew II expressed his concerns last Thursday in Washington, D.C. to express concerns about treaty violations related to the proposed coal terminal and train railway for Cherry Point, Washington.

Chairman of the Lummi Nation Tim Ballew II came to the podium and told attendees and news crews that the 1855 U.S. treaty with Pacific Northwest Native American tribes, and associated rights for the fishing, hunting and sacred grounds was in jeopardy.

“We’re taking a united stand against corporate interests that interfere with our treaty-protected rights,” said Tim Ballew II, chairman of the Lummi Indian Business Council. “Tribes across the nation and world are facing challenges from corporations that are set on development at any cost to our communities.”

According to a release, for three years, Northwest treaty tribes, including Lummi Nation, Swinomish Indian Tribal Community, Tulalip Tribes, and Yakama Nation, and the Columbia River Intertribal Fisheries Commission have provided government agencies and elected officials detailed letters identifying the impacts the terminal would have on treaty fishing rights, the environment, natural resources and the health of Washington.

 Lummi tribal members and sisters Billy Kennedy Jefferson, 18, Danielle Kennedy Jefferson, 16, and Kathrine Jefferson, 15, all from the Lummi Nation in western Washington state Photo: Vincent Schilling

Lummi tribal members and sisters Billy Kennedy Jefferson, 18, Danielle Kennedy Jefferson, 16, and Kathrine Jefferson, 15, all from the Lummi Nation in western Washington state Photo: Vincent Schilling

Additionally, the Affiliated Tribes of Northwest Indians, representing 57 tribes, has taken action to oppose the increased transport of unrefined fossil fuels of coal, Bakken shale oil, and tar sand oil across the Northwest. The proposed Gateway Pacific Terminal would impact thousands of acres of treaty land and fishing along the rivers and mountains. Tribes across the Northwest have concluded that the impacts of significant increases in rail and vessel transportation cannot be mitigated to any level that would protect tribal treaty rights.

The proposed Gateway Pacific Terminal (a subsidy of SSA Marine) would serve as a gateway to markets in domestics companies and Asia. The terminal would handle 60 million tons of commodities, mostly coal – but the project’s location includes Lummi ancestral burial sites and ancestral fishing grounds.

“The location of the pier will take away fishing grounds and the increase in vessel traffic would impede access of our fishermen to fishing grounds throughout our usual and accustomed areas.”

“We soundly reject developments that desecrate our sacred places and call on Congress to uphold our treaty-protected rights,” said Ballew.

“I credit the current administration for every year building on our efforts to help us rebuild our nations and I encourage them to continue that,” Ballew said. “We really want them to give this issue its due respect. It’s a human rights issue, it’s a treaty rights issue, and we need our sacred sites protected.”

“For thousands of years, Washington tribes have fought to protect all that is important for those who call this great state home. We live in a pollution-based economy and we can no longer allow industry and business to destroy our resources, water and land. No mitigation can pay for the magnitude of destruction to treaty resources for today and generations from now. As leaders, we need to protect our treaty resources, our economies, and the health of our citizens and neighbors.” said Brian Cladoosby, Chair, Swinomish Indian Tribal Community and president of the National Congress on American Indians in DC.

“The ancestors of all, Native and non-Native, witness those who have lost their integrity; the people of the present acknowledge as much; and the future generations will ask ‘Why did those ones who did not honor their own words allow it to happen?’ The past is the present and the future is now. The treaty is their word, our people trusted that word. Now, it seems to be just words. Do they lack the honor and integrity of their ancestors?” said Dave Brown Eagle, Vice-Chair, Spokane Tribal Business Council.

Dave Brown Eagle, Vice-Chair, Spokane Tribal Business Council at the White House Tribal Nations Council last week. Photo: Vincent Schilling

Dave Brown Eagle, Vice-Chair, Spokane Tribal Business Council at the White House Tribal Nations Council last week. Photo: Vincent Schilling

“Our treaty rights are not for sale. The Gateway Pacific Terminal project threatens our treaty-reserved rights and we do not support actions that would compromise or diminish the resources for which our ancestors sacrificed so much. There is no mitigation for the loss of our way of life or culture,” said Melvin R. Sheldon Jr., Chair, Tulalip Tribes.

“This issue affects all of us, we’re connected in ways that the U.S cannot even imagine,” said Tyson Johnston, Vice-President of the Quinault Indian Nation.

The project is currently under review by the Seattle district U.S. Army Corps of Engineers.  The State of Washington Department of Ecology has an environmental review listed here.

 

Displaced women of San Juan Copala hunger strike

Displaced women of San Juan Copala hunger strike

Displaced from San Juan Copala, a Triqui indigenous community in the municipality of San Juan Juxtlahuaca, the women have begun a hunger strike. They are demanding from the government the fulfillment of the promises of return to their territory or their immediate relocation.

In 2007, the struggle for the autonomy of San Juan Copala was disrupted by the intervention of the Union of Social Welfare of the Triqui Region (UBISORT), operated by the PRI, by surrounding the community and finally the expulsion of around 700 people in 2009. Lorena Merino Martinez—representative of the displaced people whose husband (along with a 7 year old boy) was assassinated in the same year by the paramilitary group—explains:

“Among those who were expelled violently it is because the government doesn’t like autonomy, there are political parties that are in with the government. For that same reason the government sent resources to the political parties in order to put an end to the autonomy, in order to be able to take possession of the community because the government finds it more convenient to have political parties and that is why they put an end to the autonomy.”

The members of the community found themselves forced to leave their territory through violence. Their dwellings, according to Lorena, are now occupied by paramilitary members, who are, in some cases, neighbors. Her husband’s murderer, who was freed in 2012, now lives in San Juan Copala. The territory, she says, contains important mineral resources. “For that reason they expelled us and now the government doesn’t see the conditions for us to return to our community.”

Under the demand for justice and the return to the community, the Oaxacan government signed in 2013 an accord for relocation, but it remained only on paper.

“September 13, 2013 we signed an agreement with the government of the State where they committed themselves to protecting the homes of the displaced and they also agreed to relocate us short term in Central Valleys in 90 days. More than two years have already passed. In Oaxaca there are private properties but the government doesn’t consider the price very high and for that reason they haven’t been relocated to this date.”

Copala_Oax-3

Since [Nov. 4], members of the Triqui community have been in the corridor of the government palace in the Oaxacan capital demanding the fulfillment of the agreement of 2013, but the response, one more time, was repression and removal:

“Today [Nov. 5] at 3:30 AM we got more than 200 riot police, and they removed us with force from the corridor of the palace, and dragged old women and young sleeping children, throwing us outside and sprayed gas in the faces of our children and aimed the pistols they carry. And they treat us as if we were delinquents. Three of our companions were threatened by the riot police, and a 12-year old boy was chased by the police.”

During the removal, those who objected had their belongings taken.

The situation of the displaced, it is mean, unjust and violent. Many find themselves refugees in the homes of sympathizers or live on the streets. Lorena Merino told us that they used to have coffee and banana farms and had no problems getting permission to sell their products and handicrafts. But the current conditions are difficult and painful. She is worried about the children of the community that today, because of the displacement, neither eat nor study decently.

“The truth is, living on the street is no decent place for our children, being hungry, cold and thirsty is difficult, and for that reason things have not progressed on the part of the state, and for that reason we have chosen, this day, to go on a hunger strike, right now we have been on this hunger strike for six hours, but not one government official has approached us in order to open dialogue regarding our relocation.”

Article originally published in Spanish at SubVersiones. Republished in English by Intercontinental Cry under a Creative Commons (BY-NC 4.0 México) license. Translation by Heidi Bruce.
Inside the indigenous movement to protect India’s commons

Inside the indigenous movement to protect India’s commons

By  / Waging Nonviolence

In early October, news emerged that India’s Ministry of Environment, Forest and Climate Change was blocking the implementation of a high-level government panel’s report on tribal rights that recommended the creation of stringent rules to safeguard indigenous people from displacement.  Meanwhile, two state governments have begun implementing a much different set of guidelines — issued in August without any interference — that allow the private sector to manage 40 percent of forests for profit at the expense of indigenous forest dwellers. In addition, another ordinance passed this year will permit private corporations to easily acquire land and forests from indigenous communities and carry out ecologically harmful mining. These legislative and policy decisions are usually made without the knowledge of indigenous communities whose lives, livelihoods and ecosystems will be worsened by these irresponsible actions of the government.  Hence, indigenous communities in Uttar Pradesh, a northern state and Odisha, in the east, are strengthening their organizing to protect their rivers, lands, forests and hills from “development” that would displace thousands of local residents and destroy the environment.“People from my community and I were beaten, detained or jailed unnecessarily for opposing tree felling in our forests, some years ago,” said Nivada Debi, a feisty 38-year-old woman from the Tharu Adivasi community in Uttar Pradesh. “We visited the police station multiple times for their release. The government did not assist the injured. Despite the police and government indifference, we will fight for our land and environment.”A mother of four children subsisting on the forests, Debi is active in grassroots resistance that started nearly 20 years ago and has grown into the All India Union of Forest Working People, or AIUFWP. The group is made up of many indigenous people who subsist on forests and are collectively protecting forests from poachers and encroachers.

Nivada Debi at the Lucknow rally against the imprisonment of the opponents of the Kanhar dam in July 2015. (WNV/Pushpa Achanta)

Debi was among hundreds — from the AIUFWP, the allied Save Kanhar Movement and other resistance groups — who traveled to Lucknow in July 2015 for a rally protesting the continued incarceration of their comrades fighting land grabbing in other districts of Uttar Pradesh. Roma Malik, the AIUFWP deputy general secretary, and Sukalo Gond, an Adivasi, which means original inhabitant, were among those arrested on June 30, before they were to address a large public gathering about the illegal land acquisition for the Kanhar dam and the violent repression of its opponents by the state.  Another member of AIUFWP, Rajkumari, who prefers to go by her first name, was jailed on April 21, after 39 Adivasis and Dalits, who are considered outside the caste hierarchy, were brutally shot at by the police during a peaceful protest on April 18. The demonstration, which began on April 14 — the birthday of B.R. Ambedkar, the architect of the Indian constitution and an icon for many Indians, particularly Dalits — was opposing the construction of a dam across the Kanhar river in the Sonbhadra district of southeastern Uttar Pradesh.

Rajkumari was released toward the end of July while Gond and Malik were freed in September. However, others are still imprisoned on fabricated charges. Courts are delaying hearing their cases or denying them bail.

AIUFWP members, some of whom were previously involved with other local resistance movements, have been actively opposing the construction of the Kanhar dam for years. It would submerge over 10,000 acres of land from more than 110 villages in Uttar Pradesh and the neighboring states of Chattisgarh and Jharkhand, displacing thousands of local people and disrupting their lives and livelihoods. The dam was approved by the Central Water Commission of India in 1976, but was abandoned in 1989 after facing fierce opposition, especially from the local people whose lives and ecosystem would be destroyed by the proposed dam. However, construction resumed in December 2014, violating orders to stop it from the National Green Tribunal — a government body that adjudicates on environmental protection, forest conservation and natural resource disputes. No social impact assessment was done, nor were the necessary environmental or forest clearances — mandated by the Forest Conservation Act — obtained by the state government.

“Since this dam can destroy our survival and also adversely impact the surroundings, we have been opposing its construction and related land acquisition for many years,” said Shobha, a determined 42-year-old Dalit. “On December 23, 2014, the police caned some of our comrades when we were peacefully protesting the revival of building the dam earlier that month. However, the police falsely accused some leaders of our struggle of attacking the sub-divisional magistrate.” Shobha, who also prefers to go only by her first name, is among the vocal leaders of a women’s agricultural laborers union, which has allied with AIUFWP, in the village of Bada.

Shobha (center) with daughter Deepika (left) and associate Rekha (right) before the Lucknow rally against the incarceration of the opponents of the Kanhar dam in July 2015. (WNV/Pushpa Achanta)

Around 400 miles from Sonbhadra, in the Kalahandi and Rayagada districts of southern Odisha, live the Dongria Kondhs, an indigenous community of over 8,000 people. They have been fighting tirelessly to protect their sacred mountain, the nearly 5,000-foot high Niyamgiri, from large private corporations — like Vedanta Limited — that are trying to mine bauxite in the area to produce aluminum. Supporters of the Dongria Kondhs were arrested in Delhi on August 9 outside the Reserve Bank of India, as they peacefully highlighted Vedanta’s illegitimate and harmful mining in the Niyamgiri. Vedanta’s mining would violate the Forest Rights Act, which states that indigenous communities are entitled to remain in the forests — and utilize the produce, land and water in the forests — while conserving and protecting them.

“The Niyamgiri symbolizes a parent to our community,” said Sadai Huika, a steadfast 45-year-old Dongria Kondh woman from Tikoripada village. “While the streams that originate from it help our farming, the plants and grass that grows on it feed our cattle and goats. We cannot exist without it and will safeguard it from anyone trying to harm it.”

Huika and people from hundreds of villages near the Niyamgiri are active members of the Niyamgiri Protection Forum, which originated around 2003 to resist attempts by Vedanta to begin mining where the Kondhs live, with the support of the Odisha state government. At every one of the 12 village council meetings with government officers held in 2013 atop the Niyamgari, community members stated that they would not allow mining nearby.

Kumuti Majhi, an elderly Dongria Kondh man and one of the forum’s leaders, is among the few people who have traveled within and outside Odisha to advocate against mining and garner vital support for their struggle. He has met ministers to explain how significant the Niyamgiri is to his community and their reasons for safeguarding it.

By organizing protests locally and with allies around the world — and meetings with Vedanta’s shareholders and empathetic government officials, who the forum has enlightened about the need to protect the Niyamgiri — the group has stalled the mining.

“We know that extracting bauxite from the Niyamgiri will pollute our environment and also affect all living beings here,” Majhi said. “Hence, we will stop anyone coming to plunder the Niyamgiri, despite police harassment and false charges against us and our families.”

Just Conservation?

Just Conservation?

JUSTICE, CONSERVATION AND THE PROTECTED AREAS ESTABLISHMENT FRENZY
“A theory, however elegant and economical must be rejected or revised if it is untrue. Likewise laws and institutions no matter how efficient and well-arranged must be reformed or abolished if they are unjust.”
John Rawls, A Theory of Justice
Echoing the pleas of illegally displaced tribal peoples in a number of countries, a leading human rights NGO has called the loss of home, livelihoods, culture and customary rights in the name of conservation, “one of the most urgent and horrific humanitarian crises of our time”[1]. Such concerns are often absent from the narratives of the international conservation establishment. When they are addressed, it tends to be at the fringes, the magnitude of the crisis not appreciated.

Instead, what we usually hear from international conservation organizations is that parks, game reserves and other kinds of protected areas are the most important conservation success story and should be extended, improved, and strengthened worldwide. Recent research that provided a preamble to the November 2014 World Parks Congress, for instance, argued similarly that “protected areas are core to the future of life on our planet”, requiring larger coverage, representation and better management and funding[2]. Such assertions require reflection.

Flamingos at Saadani National Park in Tanzania

It is true that, in many cases, protected areas are allowing critical species and ecosystems to persist, and in this way they provide a cushion of hope in our ability to preserve some of the world’s remaining natural wealth. Biodiversity is often higher inside of protected areas than outside[3]. They can provide opportunities for improving health and well-being, support human life through invaluable environmental services, and offer opportunities for new forms of economic development and financial mechanisms, including through tourism, payments for ecosystem services, offsets, and bioprospecting. Yet the strategy based on protected areas, which defines conservation success in terms of spatial control, fails to tackle the most significant challenges to preserving biodiversity.

The celebration of protected areas hides ways in which the perpetuation of exclusionary conservation in many countries does not protect against so-called “development” so much as it mirrors it, as extractive industries, agribusiness, and conservation alike encroach into community and indigenous lands, and hinder local people’s ability to manage and be sustained by their territories, and to play a role in fostering biodiversity.

The “Promise” of the World Parks Congress[4] has encouragingly identified the role and rights of aboriginal peoples within community-based systems. It also pledges to “seek to redress and remedy past and continuing injustices in accord with international agreements”. Yet, state- and privately-managed conservation pursuits undertaken within former and current aboriginal ancestral territories, exercise ever greater control over large, highly biodiverse landscapes, without the needed scrutiny and appropriate responses to rights violations. The Promise’s call “to ensure that protected areas do not regress but rather progress” demands that more attention be paid to territorial jurisdiction and stewardship by indigenous peoples and local communities.

PREDATORY AND PERILOUS CONSERVATION

The idea that state conservation agencies and large international conservation NGOs have pursued their agendas at the expense of indigenous and local communities is not new. In 2003 for instance, at the fifth World Parks Congress in Durban, issues of justice and human rights were put on the table.[5] The following year, an important paper by anthropologist Mac Chapin called the conservation establishment to account for how it had dealt with indigenous communities[6]. Since then, governments endorsed and adopted the United Nations Declaration on the Rights of Indigenous Peoples, and work has been underway to clarify, implement and uphold rights, including in the context of conservation standards[7].

However, what lasting effect this kind of attention to human rights issues has had on the practice of state conservation is not clear. Evidence of the negative social impact of state managed conservation continues to pile up. In 2009, Dowie’s Conservation Refugees exposed how conservation organizations have become one of the biggest threats to indigenous peoples all over the world[8]. Moreover, research efforts continue to document the trampling of community rights through the accumulation of land and resources by government conservation agencies, their international NGO partners[9], and corporate tourism. Dispossession, forced resettlement and violation of the rights of local communities in places targeted for conservation have recently been documented in India, Thailand, and Central and Eastern Africa[10].

Despite the sheer volume of cases of forced evictions and destroyed livelihoods, the prominent message from last year’s World Parks Congress was clear and simple: let there be no retreat; let every country play its part in the push to achieve protected area targets; let the park rangers have more support in their war against poachers! This trend once again compels an examination of a global conservation strategy which in many countries signifies the continuation of policies of forced resettlement in order to create, extend and strengthen state managed parks and game reserves.

Eviction attempt, Uvinje village, north of Dar es Salaam, in Tanzania (Credit: Uvinje villagers)

Eviction attempt, Uvinje village, north of Dar es Salaam, in Tanzania (Credit: Uvinje villagers)

To appreciate the impacts of current approaches to conservation, one only needs to take a quick look at some of the most park-friendly countries, such as Tanzania whose protected areas cover no less than one-third of the country’s territory. In Tanzania, a barrage of factors frustrate conservation efforts, including climate change, a growing human population, poverty, unsustainable resource use outside of protected areas, encroachment into park lands, and most notably an overwhelming poaching crisis. The steady expansion of the protected area network together with the need to combat the unprecedented level of organized poaching of iconic wildlife species such as elephants and rhinos have been accompanied by a relentless push for escalating security budgets[11].

Yet these challenges only partially describe the nature of the problem facing conservation in the country today. Tanzania’s pattern of forcibly displacing ancestral communities from their land and significantly hindering mobile people’s ability to seasonally access needed resources, while the tourism industry and the government conservation agencies continue to accumulate territory may be the most fundamental challenge to the conservation of biodiversity in the country[12].

On one side, disillusioned communities surrounding parks and game reserves, once stewards of their own environments, have been divested of all but tiny remnants of their ancestral lands or have been fully dispossessed, leading to destroyed livelihoods, out-migration and social conflict. Peoples integrally connected to their natural environment, such as the Maasai of Loliondo[13], and communities who in the past proactively reached out to seek a partnership with the government to implement conservation, such as Uvinje on Tanzania’s northern coast[14], have been stripped of their tenure rights and their ability to properly care for themselves and the wildlife, and portrayed as enemies of conservation. On the other side, there are the comparatively well-funded activities of an entrenched conservation machinery. Under their watch, wildlife has been imperilled by organized criminal poaching taking advantage of corruption[15] and by ill-managed trophy hunting[16].

Similar stories can be told about other countries[17], with poaching ironically reaching alarming and critical levels inside protected areas[18]. Yet overall, protected areas have come to be widely regarded as the best or even the only hope for nature’s survival.

To what extent this is a response to increased opportunities for international assistance and investment in tourism, a defensive reaction against mining and other forms of economic development that result in destruction of habitat, or a result of skepticism about the ability of human beings to live in harmony with nature, is unclear. Probably all of these factors are playing a role.

Regardless, protected areas are — under the premise the ends justify the means— being pursued at any price and by any means possible. For indigenous and rural communities who live on land targeted for conservation by the state or by conservation NGOs, even when they have been stalwart stewards of the ecosystems they inhabit, the result is devastating.

Coast line of Pacific Rim National Park Reserve (Canada). Unilaterally established on Nuu-cha-nulth First Nations traditional territory. Credit: Aleja Orozco.

THE CULTURE OF CONSERVATION

Unfortunately, as long as we remain resigned to a culture of conservation that treats human beings as the enemy and that turns a blind eye to violations of human rights, the approach will be self-defeating. Current declines in biodiversity are not primarily a result of gaps in the number, extent and representation of parks and other kinds of protected areas, nor is the decline of iconic species caused by insufficiently strict exclusion of poor rural people from their traditional territories. What we are seeing are the consequences of a fundamentally misguided strategy being pursued by global and national conservation establishments. There are three essential problems with this strategy.

First, the pursuit of conservation through the creation of boundaries and enclosures which divide communities and nature and place nature under the strict control of powerful, unaccountable non-local institutions can only work to the extent that protected areas can be buffered from social discontent beyond their boundaries—an essentially impossible task. The marginalization and dispossession of indigenous peoples and rural communities in the name of conservation, the capturing of the tourism dollars and other economic benefits of conservation by local and national elites and by international investors, and the militarization of protected areas can only lead to increasing social conflict and disillusionment with the very idea of conservation and with the organizations promoting it. Cash payouts as a part of “benefit sharing”, even when they do actually materialize, even when they do amount to something more than crumbs, cannot compensate for losing one’s livelihood, cultural bearings, land and home.

In contrast to this trend is the growing recognition from both researchers and practitioners that biological diversity is intrinsically connected to cultural diversity, and that indigenous peoples and local communities enrich the practice of conservation. Indeed, where indigenous and local communities have been able to secure their rights to govern their territories as well as implement their values and outlook on protected areas and conservation, positive conservation outcomes have been achieved, and productive partnerships and new forms of collaboration have developed.[19] Conversely, the failure to acknowledge this has prevented national governments and the conservation establishment from benefiting from traditional ecological knowledge, from grassroots social and institutional experience in sustainably managing ecosystems, and from the home-grown, heartfelt conservation ethic which people who live on and from the land so often possess. We cannot expect to achieve conservation when the means of doing so violate the welfare of those who have fostered biodiversity.

Second, the dominant approach seems to ignore the fact that we live in an interconnected world, where local processes have global consequences and vice versa. What happens beyond parks is as critical as what happens within them, often more so. The international trade in engendered species, climate change, and the destruction of habitat by conflicts and by industrial resource extraction all affect indigenous and rural communities whose traditional territories lie within and adjacent to parks, but are not caused by them.

This problem was identified at the recent World Parks Congress:

The failure of the IUCN and the conservation sector to take seriously the surge in mining, extractive industries and other forms of development has put into question the integrity of protected and conserved areas, the maintenance of livelihoods for Indigenous peoples and local communities, and possible solutions to climate change and instability.[20]

Even when these communities are, in some places, contributing to the loss of biodiversity, as through the expansion of agriculture into ever more marginal lands and wildlife habitats, it must be recognized that these activities are intricately connected to conditions of poverty, failings of governance, and social injustice. Addressing environmental challenges in a fragmented way that does not account for these deeper drivers and that does not take into account the need to engage with a broader range of custodians of territories who could help to counter these drivers will not shield us from serious environmental consequences either within or outside of protected areas. Often, it is communities members’ practices we blame, as well as communities’ territories we turn our attention to, and in doing so, we fail to see what happens in the more industrialized and geopoliticized landscapes.

The third problem is more fundamental. It relates to the thinking underlying a culture and approach to conservation which divides people and nature. This fragmented worldview produces solutions based on fragmentation.  It leads either to the belief that nature is a resource, something to be dominated and used, or to the conviction that it must be defended from human beings. Most state-led conservation approaches are based on a dualistic separation between people and the environment, in many cases leading to displacement, resettlement and to loss not only of rich biological, but also of cultural, diversity.[21]

Indigenous worldviews, on the other hand, see human beings as part of the world of nature and recognize an interconnectedness which runs deeper than simply acknowledging that our material survival depends on healthy ecosystems. In a worldview founded on interconnectedness, nature shapes who we are as human beings. And it is shaped by us—not as engineers fabricating a machine to chosen specifications, but as creatures that move within and help to make up the world of nature. Small parts called “protected areas” cannot be healthy apart from the whole.

From this perspective, the very phrase “protected area” reveals misguided thinking.  Protected from what? The answer—protected from us—reveals the imbalance that calls out for correction. Indigenous worldviews suggest that it is interconnectedness that allows diversity to thrive. These views have been, more often than not, persistently disregarded in state-managed conservation and the mainstream conservation paradigm whose worldview is one of reducing the world and ways of thinking down to their component parts. Another question—protected for whom?—calls into question who it is that really benefits. As protected areas increasingly become linked to economic ventures, through payment for ecosystem services and offsets, bioprospecting and tourism, the people who benefit most are seldom those who live in or adjacent to the actual sites of conservation.

MEANINGFUL INSTITUTIONAL AND COLLECTIVE ACTION IS NEEDED

Setting conservation on a different path will require thorough changes in institutions and institutional culture, the challenging of vested interests, and new ways of thinking about human beings’ relationship with nature, all of which will be long term undertakings. Yet, there are some steps that could be taken immediately to help reframe conservation in a way that respects human rights, protects cultural diversity, and mobilizes local communities as allies in environmental conservation efforts.

REASSESSING PROTECTED AREA TARGETS AS A MEASURE OF PROGRESS

Through the Convention on Biological Diversity, the countries of the world have agreed to targets for the establishment of protected areas: at least 17% of terrestrial and inland water areas and 10% of coastal and marine areas.[22]

The guidelines for achieving these targets allow for protected areas with differing management objectives, including sustainable use of resources, and allow for different forms of governance, including governance by local communities and indigenous groups. However, in their implementation the targets have provided a perfect excuse for land grabs and other unjust practices in the name of conservation. The single-minded push to create national parks and game reserves has undermined the role of people who are connected with and care about nature, and in so doing it undermines conservation.

The protected areas targets of the Convention on Biological Diversity also include a milestone that “all protected areas are effectively and equitably managed”. It is time for this milestone to be given some teeth. Unless it is aboriginal peoples specifically requesting for a park to be established on their territory, this might entail withdrawing support towards the establishment of national parks within territories inhabited by aboriginal peoples, and not counting these cases as contributing to protected area targets.

Ultimately, progress in conservation effectiveness needs to be defined also in terms of equity, shared or community-led jurisdiction and the cooperative engagement of local custodians rather than percentage of territories set aside as protected areas[23].

REORIENTING WHAT CONSERVATION BUDGETS ARE SPENT ON

Currently, much of the assistance from international conservation organizations and aid agencies for conservation in developing countries supports, either directly or indirectly, the dominant strategy based on strong, state-governed protected areas.

An alternative approach would direct more resources to initiatives such as supporting ongoing but overlooked efforts of local communities[24], and building the capacity of community-based organizations and indigenous and local governments to engage in conservation and develop sustainable economies.[25] It would also facilitate equitable partnerships for conservation, which put communities on an equal footing with government, international conservation NGOs and the tourism industry in terms of participation in decision-making, access to training and certification, and access to employment.

Conservation dollars might also be expected to achieve a greater long term impact by monitoring and addressing drivers of environmental degradation beyond protected areas, the real culprit behind loss of ecosystems and biodiversity.

Support is needed for landscape-wide approaches which include communities as full partners, which recognize and protect their assets and tenure rights inside and outside protected areas, and which aim for protection of habitats as well as sustainable and just use of natural resources beyond protected area islands.

Where powerful interests cannot be expected to partner with communities in good faith, the financing of social justice initiatives is needed: funds to support community legal action in defence of human rights, and mechanisms to ensure meaningful engagement, informed collective consent, and compliance on the part of powerful states and non-state conservation actors.

RECONNECTING PEOPLE WITH NATURE

Even in rural areas, people’s connection to their environment is changing. But this is a trend that could be reversed by taking a more socially conscious approach to conservation.

Countries that still have large areas of natural forest and savannah should not be building walls to keep people away from nature or slowly depriving areas of badly needed services and infrastructure as a way to push people away. Instead, they should support people to make decisions for the well-being of their children and grandchildren, provide requested extension services, and encourage local economies that protect biocultural diversity while also adding value to it.

The primary purpose of parks should not be to attract international tourists. Instead, more should be done to attract and assist local people to (re)connect with their territory. This is particularly true for rural people who live adjacent to protected areas. Rural people we have spoken to who live near Serengeti National Park Tanzania, for instance, miss the days when the Park regularly sent buses to take their children on trips into the park[26]. People living on the north-east side of Saadani National Park do not understand how government reclassification of their former village lands can be used to prevent them from visiting ancient sacred places.[27]

There is a need to recognize and support indigenous people’s and local communities’ ability to live well in their territories and to use their resources according to their values and knowledge. Indeed, there is growing evidence that indigenous peoples whose human rights are protected, e.g. their rights to their lands, territories and resources and right to self-determination, have ecosystems that are in much better shape than national parks and reserves managed by the State or other external actors.[28] The separation of communities from their ancestral territories undermines the interconnectedness that we so badly need and depend upon.

JUST CONSERVATION

Beyond the specific necessities of reassessing protected areas targets as a policy tool and reorienting what conservation budgets are spent on, there is a broader, longer term need to re-examine existing global and national policies and governance mechanisms for conservation. At a moment when organized poaching and international trade in endangered species is threatening the survival of too many species, in some instances fuelling armed conflicts (…even within state-governed parks and game reserves! …even though conservation spending is the highest in history!), threats within and beyond protected areas surpass the ability of any one stakeholder, approach or institution to maintain biologically and culturally diverse landscapes.

The need to re-enlist local communities as allies in conservation is urgent. This need can be met, not through “awareness-raising” programs, but through tangible steps toward recognition of rights to territory, concrete redress of social justice infringements and participation in decision-making processes, as well as effective delivery of requested services and infrastructure in areas that are often impoverished and marginalized.

Meaningful institutional inclusion, shared jurisdiction and clear recognition of diverse values and knowledge systems guiding conservation, direct training and employment and sustainable economies can lead to multi-level cooperation and concerted collective action. Meager benefit-sharing programs and draconian restrictions on inhabitation, access and use of protected areas will not suffice.

In particular, enforceable mechanisms are needed for the defence of human rights and the preventing of evictions of local communities and indigenous peoples from targeted landscapes. This must include safeguarding and in many cases reinstating communities’ land tenure rights, as well as creating systems for meaningful engagement between local communities on the one hand and government conservation agencies and conservation NGOs on the other. Just conservation is effective conservation: it is time for tangible action to make it happen.

REFERENCES

[1] Survival International, Parks Need Peoples.[2] Watson, J., Dudley, N., Segan, N. and Hockings. 2014. Theperformance and potential of protected areas. Nature, 515: 72.

[3] Coetzee, B., Gaston, K. and Chown, S. 2014. Local scale comparisons of biodiversity as a test for global protected area ecological performance: A meta-analysis. PLoS ONE 9(8): e105824.

[4] The “Promise of Sydney” was the official communiqué of the IUCN World Parks Congress, held in Sydney in November 2014. It rests on four pillars which collectively represent the outcomes of the World Parks Congress: the core Vision; twelve Innovative Approaches;Commitments, including pledges from countries, funders and organizations; and Solutions. The four pillars “collectively represent the direction and blueprint for a decade of change that emanate from the deliberations of this World Parks Congress”.

[5] Brosius, J. P. 2004. Indigenous Peoples and Protected Areas at the World Parks Congress. Conservation Biology, 18: 609–612.

[6] Chapin, M. 2004. A challenge to conservationists. World Watch Magazine, (November/December), 17–31.

[7] United Nations, United Nations Declaration on the Rights of Indigenous Peoples, adopted by the General Assembly on 13 September 2007; Food and Agriculture Organization of the United Nations, FAO Voluntary Guidelines on the Responsible Governance of Tenure, endorsed by the Committee on World Food Security on 11 May 2012. Indian Law Resource Center and IUCN Commission on Environmental, Economic and Social Policy. 2015. Conservation and Indigenous Peoples in Mesoamerica: A Guide; D. Roe, G. Oviedo, L. Pabon, M. Painter, K. Redford, L. Siegele, J. Springer, D. Thomas and K. Walker Painemilla. 2010. Conservation and human rights: the need for conservation standards. London: IIED; IIED, Conservation Initiative on Human Rights; IIED and Natural Justice, Human Rights Standards for Conservation; Campese, J., Sunderland, T., Greiber, T. and Oviedo, G. (eds.) 2009. Rights-based approaches: Exploring issues and opportunities for conservation. Bogor, Indonesia: CIFOR and IUCN.

[8] Mark Dowie. 2009. Conservation Refugees: The Hundred-Year Conflict between Global Conservation and Native Peoples. Cambridge, MA: MIT Press.

[9] T.A. Benjaminsen, M. J. Goldman, M.Y. Minwary and F. P. Maganga. 2013. Wildlife management in Tanzania: State control, rent seeking and community resistance. Development and Change, 44(5): 1087–1109; T.A. Benjaminsen and I. Bryceson. 2012. Conservation, green/blue grabbing and accumulation by dispossession in Tanzania. The Journal of Peasant Studies, 39(2): 335-355; Kumar, K.J, 2008. Reserved Parking: Marine reserves and small-scale fishing communities.SAMUDRA Dossiers. International Collective in Support of Fishworkers. Chennai, India: Nagaraj and Company Pvt Ltd

[10] Survival International, 2015. World Wildlife Day: tribespeople denounce persecution in the name of ‘conservation’; Vidal, J. How the Kalahari bushmen and other tribes people are being evicted to make way for ‘wilderness’. The Guardian, 16 November 2014; Survival International, Parks Need People; Bennet, G., J. Woodman, J. Gakelebone, S. Pani, J. Lewis. 2015. Indigenous Peoples destroyed for misguided ‘conservation’. Lecture presented at the ‘Beyond Enforcement: Communities, governance, incentives and sustainable use in combating wildlife crime’ conference, 26-28th February, Muldersdrift, South Africa; Bennett, O. and C. McDowell. 2012. Displaced: The Human Cost of Development and Resettlement. Palgrave Macmillan.

[11] (“We need a $77 million budget per year to be able to ensure all our national parks are sufficiently secured, while the current budget stands at $38 million annually,” Minister of Tourism (The East African, 28 April 2012); “[T]his includes additional millions of dollars to help countries across the region build their capacity to meet this challenge, because the entire world has a stake in making sure that we preserve Africa’s beauty for future generations,” Barack Obama (Washington Times/The Global Animal, 8 August 2013).

[12] J. Friedman-Rudovsky. The ecotourism industry is saving Tanzania’s animals and threatening its Indigenous People. Vice Magazine, 12 May 2015.

[13] D. Smith. Tanzania accused of backtracking over sale of Masai’s ancestral land. The Guardian, 16 November 2014; N. Malilk. Rich Gulf Arabs using Tanzania as a playground? Someone opened the gate. The Guardian, 17 November 2014.

[14] Orozco, A., 2014. Uvinje Village and Saadani National Park, Research For Change; Minority Rights Group International, MRG warns community land rights are under threat in Uvinje, Tanzania, 18 February 2015; ICCA Consortium, Consortium appeal to the Tanzania authorities: NO eviction of Uvinje villagers, respect communities sensitive to conservation!

[15]K. Heath. New report shows corruption and abuse rife within Tanzania wildlife sector. Wildlife News, 10 March 2015.

[16] There is no question that trophy hunting is very lucrative; whether and under which conditions it is being carried out in a sustainable way and in partnership with local communities is another question, brought to center stage by the killing of Cecil the lion in Zimbabwe: see Cooney, R. What will Cecil the Lion’s legacy be? And who will decide? The Huffington Post, 2 August 2015. Packer, C., H. Brink, B.M. Kissui, H. Maliti, H. Kushnir and T. Karo. 2010. Effects of trophy hunting on lion and leopard populations in Tanzania. Conservation Biology, 21(1): 142-153

[17] G. Bennet, J. Woodman, J. Gakelebone, S. Pani, J. Lewis. 2015.Negative impacts of wildlife law enforcement in Botswana, Cameroon and India – How tribal peoples are evicted, arrested and imprisoned in the name of conservation. Survival International; Roe, D., S. Milledge, R. Cooney, M. ’t Sas-Rolfes, D. Biggs, M. Murphree and A. Kasterine. 2014. The elephant in the room: Sustainable use in the illegal wildlife trade debate. London: IIED; Duffy R., F.A.V. St John, B. Büscher, and D. Brockington. 2015. The militarization of anti-poaching: Undermining long-term goals? Environmental Conservation (in press). DOI:http://dx.doi.org/10.1017/S0376892915000119; D.W.S. Challender and D.C. MacMillan. 2014. Poaching is more than an enforcement problem.Conservation Letters, 7(5): 484-494.

[18] Duffy, R. 2014. Waging a war to save biodiversity: the rise of militarized conservation. International Affairs, 90: 819–834. Rhino poaching in South Africa at record levels following 18% rise in killings(The Guardian, 11 May 2015), with most taken in the Kruger National Park.

[19] Porter-Bolland, L., E.A. Ellis, M. R. Guariguata, I. Ruiz-Mallén, S. Negrete-Yankelevich, V. Reyes-García. 2015. Community managed forests and forest protected areas: An assessment of their conservation effectiveness across the tropics. Forest Ecology and Management, 268: 6-17; Ross, H., C. Grant, C. Robinson, A. Izurieta, D. Smyth and P. Rist. 2009. Co-management and Indigenous Protected Areas in Australia: achievements and ways forward. Australasian Journal of Environmental Management, 16(4): 242-252; Andrade, G. S. M., and J. R. Rhodes. 2012. Protected areas and local communities: an inevitable partnership toward successful conservation strategies? Ecology and Society 17(4): 14; Indigenous Peoples’ and Community Conserved Territories and Areas (ICCAs).

[20] World Parks Congress, A strategy of innovative approaches and recommendations to enhance implementation of a New Social Compactin the next decade. The vision of the new social compact that came out of the World Parks Congress is to inspire a movement towards effective and just conservation that increases the relevance and strength of protected and conserved areas by galvanizing diverse stakeholders to collectively commit to a new conservation ethic.

[21] See current stories of bans, evictions and resettlements in the sitesJust Conservation and Survival International.

[22] Aichi Biodiversity Targets

[23] “A common theme at the World Parks Congress was a recognition that the quality components of Aichi Target 11 are more important than the percentage targets” (A strategy of innovative approaches and recommendations to reach conservation goals in the next decade).

[24] Sheil, D., M. Boissière, and G. Beaudoin. 2015. Unseen sentinels: local monitoring and control in conservation’s blind spots. Ecology and Society 20(2): 39.

[25] Example of engaging communities in the wildlife trade: Roe, D (ed). 2015. Conservation, crime and communities: case studies of efforts to engage local communities in tackling illegal wildlife trade. London: IIED.

[26] Robinson, L.W., N. Bennett, L.A. King, G. Murray. 2012. “We Want Our Children to Grow Up to See These Animals”: Values and Protected Areas Governance in Canada, Ghana and Tanzania. Human Ecology,40:571-581.

[27] Orozco, A. 2014. Uvinje village and Saadani National Park, Research for Change.

[28] Tauli-Corpuz, V. Special Rapporteur on the rights of indigenous peoples, Statement to the 14th session of the UN Permanent Forum on Indigenous Issues  27 April 2015, New York; Springer, J., and F. Almeida. 2015. Protected areas and the land rights of Indigenous Peoples and local communities: Current issues and future agendas. Washington: Rights and Resources Initiative.