English - Natural Justice

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“First Nations have always practiced conservation. Our very existence asnations and peoples depends on the continued existence of the marineecosystems. We would not exist without the seas and aquatic resourcesthat were once bountiful on this coast. In your rush to protect some of thelast remaining areas on the coast, you must consider and respect ourplace in the environment. Many of you who espouse the virtues ofbiodiversity seem to overlook the place that our peoples and our cultureshave in the fabric of life. We have lived as part of these same areas orecosystems that you are now trying to protect since time immemorial.Therefore, you must also protect our place in those areas and ecosystems.Also, many of the areas being considered for protection represent someof our last opportunities to regain self-reliance. Protection of these areasis now necessary only because your cultures try to consume and developeverything that is in sight. Now that there is only a little bit left, youdecide to protect it. First Nations must not be made to suffer the burdenof conservation, when the system of overuse and over-harvest was not ofour making.”Ovide MercrediFormer National Chief of the Assembly of First NationsCanadian House of CommonsParliamentary Standing Committee on Canadian Heritage21 May 2001
Authored by: Harry Jonas, Ashish Kothari and Holly ShrummPublished by: Natural Justice in Bangalore and Kalpavriksh in Pune and DelhiDate: September 2012Cover Photos (clockwise, from top left): Sun setting on the remote village ofTovu, Totoya Island, Fiji. © Stacy JupiterA Dusun boy wearing a traditional rattan basket (wakid) as he helps gatherwild vegetables in the forests bordering the Crocker Range Park in Sabah.© Noah JacksonGuna boats (Panama). © Jorge AndreveKhwe community representatives from Namibia and Botswana participate ina workshop in the Bwabwata National Park, Namibia. © Natural JusticeContributors:The report draws directly on the work by the following people who wrote andcontributed to the national, regional and/or international reports: Ashish Kothari(Coordination of the Recognition Study), Harry Jonas and Holly Shrumm(Coordination of the Legal Review; International Law and Jurisprudence; AsiaRegional); Colleen Corrigan and Aurélie Neumann (Recognition); Eli Makagon andStephanie Booker (International Law and Jurisprudence); Fred Nelson (AfricaRegional and Kenya*); Brian T. B. Jones (Namibia*); Ndiawar Dieng and SoulèyeNdiaye (Senegal*); Simone Lovera (Americas Regional); Alcides Vadillo P. andCarmen E. Miranda L. (Bolivia*); Peigi Wilson, Larry McDermott, Natalie Johnston,and Meagan Hamilton (Canada Legal); Thora Herrmann, François Depey, MonicaMulrennan, Michael A. D. Ferguson, Gleb Raygorodetsky, and Catie Burlando(Canada Recognition); José Aylwin and Lorena Arce (Chile*); Patricia MadrigalCordero and Vivienne Solís Rivera (Costa Rica Recognition); Onel Masardule(Panama*); Staff at VIDS (Suriname*); Neema Pathak Broome (India*), ShaliniBhutani, Ramya Rajagopalan, Shiba Desor, and Mridula Vijairaghavan (India Legal);Tushar Dash (India Recognition); Taghi Farvar (Iran*), Puya Hariri, and MinaEsteqamat (Iran Legal); Nahid Naghizadeh and Abbas Didari (Iran Recognition);Justine Vaz (Malaysia Legal); Samson B. Pedragosa (the Philippines*); Dau-Jye Lu,Taiban Sasala and Chih-Liang Chao (Taiwan Legal); Dermot Smyth (Australia*),Chrissy Grant (Australia Recognition), and Hanna Jaireth (Australia Legal); StacyJupiter (Fiji*), Kiji Vukikomoala, Elizabeth Erasito, and Kevin Chand (Fiji Legal);Hugh Govan and James Comley (Fiji Recognition); Iris Beneš (Croatia Recognition);Marco Bassi (Italy Recognition); Sergio Couto (Spain Recognition); Andrey Laletin(Russia Recognition); and Helen Newing (United Kingdom Recognition).* Denotes both the Legal Review and Recognition Study
Page 4 and 5: CONTENTSEXECUTIVE SUMMARY1. THREATS
Page 6 and 7: Main RecommendationsTo recognize an
Page 9 and 10: 1. THREATS TO ICCAsThere are three
Page 11 and 12: constituted areas such as conservan
Page 13 and 14: 2.2 Non-legal Recognition and Suppo
Page 15: 3. LAWS AND STATE INSTITUTIONS CONT
Page 18 and 19: Despite this, however, national and
Page 20 and 21: hinders communities’ abilities to
Page 22 and 23: illegal.In Senegal, the marine real
Page 24 and 25: In Namibia, support to conservancie
Page 26 and 27: 5. KEY RECOMMENDATIONS: RECOGNIZE A
Page 28 and 29: Human Rights and Constitutional Ref
Page 30 and 31: . Recommendations for Legislating f
Page 32 and 33: Reform Policies and Laws to Effecti
Page 34 and 35: Create an Enabling Environment for
Page 36 and 37: autonomy and self-determination wit
Page 38: This publication describes and anal

English - Natural Justice

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