Rights-based Approaches - Objectives - PowerPoint Presentation

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2. Rights-based Approaches - ObjectivesTo increase understanding of human rights language including key principles, the rights and obligations of different actors, and the key international human rights laws, frameworks and standards To enable participants to articulate their feelings about human rights issues within a conservation contextTo highlight how attitudes towards human rights in conservation have evolved over time and what specific rights are most relevant to conservationTo explore how conservation initiatives can be designed and implemented so as to respect and enable the fulfilment of people’s rights, including through supporting local and customary institutions

3. Why do conservationists need to address rights?Brainstorm with reference back to introductory session…….Conservation can help people realise basic rightse.g. to food, water, health, culture, an adequate standard of living. Realisation of rights can create an enabling environment for conservation.Some conservation initiatives can undermine the rights of local people e.g. exclusion of indigenous people from Protected Areas; harsh enforcement measuresNot recognising people’s rights can create or fuel conflicts over land, water and other resources

4. Conservation and RightsWith the person next to you, brainstorm:What words, images and feelings come to mind when you hear the word ‘rights’? (How) does this change if we add the word ‘human’ ie how do you feel when you hear reference to ‘human rights’ ?

5. HumanRightsPrinciples

6. Which rights?Which rights do you think are most relevant in a conservation context?Natural resource access, use and management rights Tenure = the ‘bundle’ of rights that determine who can use what NR under what conditionsProcedural rights – to information, to participate in decision-making and to justiceFPIC – right to give or withhold consent to any activities affecting customarily owned/used land and NR

7. Case study: Hai||om people of Etosha Read the Handout: Statement of the Native Commissioner of Ovamboland to the Hai||om people of Etosha Then take a few minutes to discuss with your neighbour the questions provided.

8. IUCN statement 2014 World Conference on Indigenous Peoples“The implementation of Article 29.1 of the Declaration [on the Rights of Indigenous Peoples] - which affirms the right of indigenous peoples ‘to the conservation and protection of the environment and the productive capacity of their lands, territories and resources’ - is of great importance not only for indigenous peoples but for everyone…..Indigenous territories contain a wealth of biodiversity and provide environmental benefits of global value. However, the fundamental precondition for the objectives of this article to be met is the recognition, respect and guarantee of the rights of indigenous peoples to their lands, territories and resources. This is the basis for fulfilling other rights contained in the Declaration, particularly the rights of indigenous peoples to self-determination and to determine priorities for their territories. The most effective way to achieve conservation and environmental protection of indigenous peoples’ environments is to secure and protect their rights and support their own forms of conservation and land management.”

9. Human Rights Obligations & Duties IAll human beings are rights-holders. Those responsible for realisation of rights are referred to as duty-bearers.States have historically been the primary duty-bearers.Core, legally-binding human rights conventions are directed at States; it is States who ratify and take on accountability for compliance with those conventions. States’ obligations under international law are to respect, protect, promote & fulfil rights.The responsibilities of non-state actors, including conservation NGOs, are being debated but….Growing consensus that all actors should at least respect rights; where possible support their protection & fulfilment.

10. Human Rights Obligations & Duties IIRespecting rights = to refrain from directly or indirectly interfering with people(s)’ pursuit or enjoyment of their rights e.g. through uncompensated and/or forced eviction.Protecting rights = to ensure - through regulation, monitoring, investigation, and enforcement - that non-state actors, or ‘third-parties’, do not interfere with people(s)’ pursuit or enjoyment of their rights.Promoting rights = to take active measures (e.g. legislation, regulation, budgetary policy, public policies) to create an enabling environment in which people can realize their rights.Fulfilling rights = to directly provide for rights when people cannot do so themselves e.g. food aid following a drought.

11. Risk AnalysisIn small groups, discuss the following questions: In what ways might people’s rights be at risk from conservation initiatives?How can conservationists mitigate these risks, ensure they respect basic human rights and promote their protection and fulfilment?Capture the risks and mitigation measures on flipchart to present back to plenary.

12. How can conservationists address rights issues?Adopt a rights-based approach (RBA) i.e. integrate rights norms, standards & principles in conservation policy, planning, implementation and evaluation.Handout: A step-wise approach to incorporating human rights in conservationEnsure planned conservation activities include affected Indigenous Peoples and local communities as meaningful participants from the outset and respect their right to FPIC. Facilitate collaborative management, CBNRM and recognition ICCAs.

13. Open Access ResourcesDo you know of situations where biodiverse natural systems - marine resources, forests, grasslands, wildlife or freshwater resources – are open-access….? i.e. anyone can enter and/or harvest themWhat issues arise from open access?Open-access resources may be in danger of over-exploitation and degradation…..in the absence of effective rules and regulations

14. Collective/community tenureFormal or informal property regimes that allocate a ‘bundle’ of rights to a designated group of ‘rightful users/rights-holders’.Can enable sustainable management of common pool resources under certain conditions…

15. What is a Design Principle?“A design principle is not part of a blueprint….but an essential element or condition that helps to account for the success of local institutions in sustaining their natural resources….and gaining the compliance of generation after generation of [users] to the [use] rules”

16. Examples of institutions?Community fisheries management bodies?Forest user groups?Others?Optional Case Study: Nyae Nyae Conservancy, Namibia