Box 1: The 10 NRGF Principles and Values

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1 The Natural Resource Governance Framework (NRGF) is focusing on strengthening the understanding and implementation of rights and rights based approaches to conservation NRGF is inviting you to get involved in: Regional scoping activities: Asia (communities, mangrove forest governance), east and southern Africa (land tenure, water and governance in the Limpopo Basin), West Asia (Al-Hima) Developing and supporting new activities in west and central Africa (land tenure) and east Africa (conflict) Participate in developing a governance inquiry guide (research, development of key concepts, drafting, providing feedback, etc.) Governance case studies focusing on the impacts of intervening agencies Communication activities Governance is a critical determinant of equity, justice and effectiveness in biodiversity conservation, and of the contribution that natural resources make to people s enjoyment of rights and development opportunities. Governance is at the root of many problems that people are experiencing today, including natural resource related conflicts and unsustainable expansion of agriculture industrialization and mineral mining, which are reducing already marginalized communities access to land and natural resources, including wild and farmed foods. At the same time, many local governance systems go unrecognized or unsupported. It is crucial for IUCN to not only understand governance issues, but also to actively work towards improving natural resource governance on the ground. Weak or inappropriate natural resource governance contributes to a wide range of problems that deplete ecological systems of their diversity, abundance, productivity, and resilience. CEESP, in collaboration with secretariat, is leading the development of the Natural Resource Governance Framework (NRGF) to strengthen the assessment of governance and improve decision-making. 1

2 The NRGF will be comprised of a set of core, regionally validated values and principles that should guide governance and diverse components for assessment and decision-making. Ten principles and values were proposed at the NRGF inception workshop in In November 2014, the NRGF Working Group (WG) decided to take a modular approach to the on-going development of the NRGF. The modular approach complements its regional focus and enables the NRGF WG and partners to systematically and substantively address the enormity and complexity of natural resource governance issues. Box 1: The 10 NRGF Principles and Values At the 2013 NRGF Inception Workshop, a group of experts from across all parts of IUCN and its regions identified ten key values and principles to underpin the NRGF. These principles and values are being verified and developed through regional scoping processes and supporting analyses. Democracy (inclusion and deliberative democracy, participation and voice, respect and trust, empowerment, meaningful and respectful dialogue, political equality) Respect, Dignity and Reciprocity (respect for diverse perspectives, respect for difference, appreciation of others, freedom to dissent, valuing the human-nature relationship, diversity of institutional arrangements, non-interference, recognition and support for indigenous knowledge) Sustainability and Valuing Nature (managing ecosystems and landscapes, valuing nature, balancing interconnectedness, promoting good conservation practice) Equality (equal opportunity and non-discrimination, level playing field) Equity (access and benefit sharing, break system traps that curtail resilience, responsive policy) Justice (access to information, transparency, participation, redress, recognition for all peoples and communities, access to justice and legal process, respect for rights of others, rule of law, respect for diversity in legal systems and values) Humility (respect and kindness, openness and tolerance, precautionary principle, recognition of limitations) Legitimacy (integrity and commitment, authority and representation, legitimacy) Vision (strategic vision, interconnectedness, coherence and contextualization) Performance (responsiveness, effectiveness and efficiency, subsidiarity, resilience, financial sustainability) The first module focuses on rights as a component of governance, inclusive of justice, democracy, dignity, respect, self-determination, and other values and principles and how to strengthen the enjoyment and fulfillment of rights. To start, it will consider the roles, practice, and impacts of intervening agencies, including conservation agencies such as 2

3 IUCN, NGOs, state agencies, donors, and the private sector. This includes how these agencies understand and implement rights based approaches and the corresponding impacts on governance and human wellbeing, particularly in the experience of indigenous peoples, local community members, and other rights-holders. Research to date suggests that intervening agencies have a powerful impact on local governance arrangements and power dynamics, however, this remains largely unaddressed by the agencies themselves, with little application to field situations. The module aims, among other things, to strengthen the understanding, capacity, and accountability of intervening agencies with respect to rights and justice in natural resource governance, including helping to ensure that such agencies listen to, learn from, and respect local rights-holders. Other components might relate to how rights holders can more effectively engage in conservation and natural resource use decision-making and hold intervening agencies to account. As this module is developed, further questions to support and strengthen the understanding and implementation of rights may be identified. A related and supporting module on communication is being developed. Capacity development will continue to be developed simultaneously, focusing on strengthening the implementation of a One Programme Approach and supporting the development of young professionals. An additional module on environmental law, led by the Environmental Law Centre and the World Commission on Environmental Law is underdevelopment. We decided to focus on the intersection between rights as a component of governance, and the role, practice, and impacts of intervening agencies because: Respect for human rights is increasingly (though not consistently) recognized as a central principle of natural resource governance and conservation practice. Some conservation agencies, including IUCN, have recognized and are taking more action towards rights-based approaches. This is consistent with key priorities of the members, as reflected in resolutions adopted over the last twenty or so years. This includes, for example, WCC-2008-Res-056 (4.056) Rights-based approaches to conservation and WCC-2012-Res-099 IUCN Policy on Conservation and Human Rights for Sustainable Development. Access the IUCN Resolutions and Recommendations Platform here. This 3

4 has put the issue of governance at the centre of the conservation agenda, echoing the IUCN vision of, A just world that conserves nature. Nonetheless, rights obligations and aspirations are often poorly understood or operationalized. There are wide implementation and accountability gaps, and there is little information on the scope or impacts of such approaches. Further, rights-approaches are often relatively narrowly defined encompassing benefitsharing and FPIC, for example, but not self-determination, non-discrimination, dignity, freedom, or justice. While the NRGF WG recognizes what has been achieved, including through the international focus on safeguards and the rights of indigenous peoples, it is also important to to look carefully at the conceptualization, scope, depth, and impact of rights-approaches, with the aim of strengthening them. Furthermore, it builds on existing governance work by NRGF WG team members in Mesoamerica and at the World Parks Congress and IUCN, including the Responsible Forest Governance Initiative; policy and practice commitments of IUCN in the resolutions; and the IUCN Policy on Conservation and Human Rights. The figure below illustrates the link between key outputs and objectives of module 1 on rights Figure 1: Outputs from Module 1 4

5 Governance Inquiry Guide (O) Key principles, values and elements (O) Review & analysis of existing practice Guidance for assessing governance & RBA Documented local practice - Al-Hima (O) Guidance on Conservation and Indigenous Peoples in Mesoamerica(C) Locally/ regionally developed guidance/ tools Regional scoping (O) Regional & Global Conservation Fora (O) including the World Parks Congress (C) Case studies (O) Meta-analysis of IUCN project work (P) Key RBA Concepts A-Z of Governance terms (O) Analytical Papers (O) Key C: complete; O- Ongoing; P: planned The modular approach will continue to be underpinned by a regional approach, as agreed to at the Inception Workshop in A regional approach helps ensure that the NRGF respects local people s rights, interests, and leadership; reflects regional and local realities; and supports the regional verification and development of the NRGF Principles and Values (Box 1). Further, this approach supports regional and local legitimacy and uptake of the different components. Good progress has been made over the last year: Supportive and/or working relationships have been developed in six IUCN regions Mesoamerica, eastern and southern Africa, west and central Africa, west Asia, Asia, and Oceania - including with IUCN regional offices and global programmes as well as members and other partner organizations. Partner organizations include research organizations and community and non-governmental organizations. Working collaboratively with rights-holders is being prioritized in those regions in which activities are being planned or underway. 5

6 NRGF regional activities are at different stages of development. These include scoping (a type of situational and needs analysis), case studies, dialogues, meta-analyses of existing governance and conservation work, and conceptual analyses: o In Mesoamerica, NRGF activities have focused on conservation and indigenous peoples. NRGF work includes on-going case study analysis (in Guatemala, Nicaragua, and Honduras) that focuses on understanding and supporting indigenous peoples rights and governance around protected areas and indigenous territories, being conducted under a collaborative arrangement, including with the regional office for Mexico, Central America, and the Caribbean (ORMACC). Scoping led by CEESP in this region led to the development of Conservation and Indigenous People in Mesoamerica: A Guide by the Indian Law Resource Centre and partners. o In Asia, the NRGF is focusing on the governance of mangrove forests including in the context of RAMSAR sites. The identification of this a key area of focus of the NRGF came out of a 2014 discussion with the Asia Regional Office and the CEESP Steering Committee. Preparations for case study analysis to better understand existing governance practice and identify key needs in mangrove management in Borneo are underway. Two study sites in Sabah have been identified; these will look at the complex social and economic dimensions affecting governance. Scoping partners include Natural Justice and Universiti Teknologi, Malaysia, the latter of which will lead critical governance analyses of current mangrove governance in Malaysia and the Philippines. o In eastern and southern Africa, a preliminary 2014 scoping meeting hosted by the IUCN Eastern and Southern Africa Regional Office (ESARO) and CEESP identified several priority areas. Several priority issues were identified. These include natural resource governance and decision-making in development corridors and other priority development sectors. An urgent need to address the governance of high value resources and impacts on human rights and human wellbeing were identified. In this context, weak and inappropriate land and natural resource tenure contribute to adverse local impacts. Planning for collaborative scoping around these issues with several partners is underway for 6

7 the Limpopo basin. A second issue being discussed with the regional office and other partners is how to address persistent conflict around protected areas in eastern Africa. o In west Asia, CEESP is collaborating with the regional IUCN office to document the traditional management Al-Hima practices, and to understand the key elements of this and the impact of intervening agencies on their application. o Explorative discussions with the IUCN regional office in west and central Africa (PACO) and other partners on developing scoping related to land tenure have begun. Regional scoping is supported by activities at different levels, as appropriate. For example, at the 2014 World Parks Congress in Sydney, the NRGF WG documented dominant governance approaches related to rights approaches. (Report is in progress.) The NRGF WG also co-hosted two events included a panel discussion on Building sustainable peace in collaboration with the CEESP Theme on Environment, Conflict and Security and the World Commission on Environmental Law (see article in this newsletter) and a three hour workshop on procedural rights, hosted in collaboration with the Environmental Law Centre (Box 2). Building on scoping analyses and other activities, a Governance Inquiry Guide is being developed with the purpose of deepening understanding of governance and supporting better, fairer, and more just natural resource governance, decision-making, and action. These regional activities will contribute to developing the NRGF principles and values. 7

8 Box 2: ELC-CEESP/NRGF Workshop on Procedural Rights Key emerging lessons: 1. Effective procedural rights to participation, access to information and justice are crucial to achieving better conservation decisions and a just world that values nature. 2. Trust, respect and dignity are central to avoiding the obstacles that impede the effective use of procedural rights in achieving better conservation and social outcomes. 3. Any consideration of rights to participation, access to information and access to justice in the conservation context is inseparable from a consideration of rights to equality, selfdetermination, property and resource use. 4. Procedural rights play a key role in the diversity and quality of natural resource governance, which in turn can lead to better conservation outcomes and positive social justice outcomes, as shown in workshop examples (see Brazilian and Australian examples). 5. Procedural rights need to be considered within different legal paradigms, for instance within the context of customary law as well as the legal systems of the nation state. They also need to be fully considered within the specifics of their local context, in order to determine the most effective mechanisms for providing rights to participation, access to information and access to justice for individuals and communities (communities of place and communities of interest). We invite you to get involved in: Regional scoping activities: Asia (communities, mangrove forest governance), east and southern Africa (land tenure, water and governance in the Limpopo Basin), West Asia (Al-Hima) Developing and supporting new activities in west and central Africa (land tenure) and east Africa (conflict) Participate in developing a governance inquiry guide (research, development of key concepts, drafting, providing feedback, etc.) Governance case studies focusing on the impacts of intervening agencies Communication activities Contact: The NRGF Working Group Chair Jennifer Mohamed-Katerere and Secretariat NRGF Focal Point Gretchen Walters can be contacted at NRGF@IUCN.org 8