First published on 11/09/2013, and last updated on 06/27/2017
Exploring the reality and potential of ICCAs, by Lesle Jansen, ICCA Consortium Regional Coordinator for South Africa.
On November 8th, the ICCA Consortium in partnership with Natural Justice hosted a workshop on ICCAs in Southern and Eastern Africa in Cape Town, South Africa. The meeting was well attended by over 20 different organizations from across the African region– all working around the protection of ICCAs. The representatives included nationals of Namibia, South Africa, Botswana, Tanzania, Kenya and Liberia, amongst others.
The purpose of the meeting was to understand what is happening around community conservation in East and Southern Africa; to determine to which extent it is recognized in national legislations; and to draw out the challenges and key lessons. The day was structured around the ICCA Consortium Regional Coordinators for Southern and East Africa, Lesle Jansen and Gino Cocchiaro, who presented on the term ICCA, its position in international law, and the situation of ICCAs respectively in Southern and Eastern African countries. To conclude, the meeting strategized around the added value of such an event as well as around drawing together the key lessons applicable in each regional context. A short overview of the ICCA Consortium was also given, explaining about the Consortium structure and its membership.
Exploring the reality and potential of ICCAs
The presentations on Bwabwata National Park (Namibia), Gabra Pastoralists from Northern Kenya and pastoralists in Tanzania were all workshop highlights. The presentation about a South African landmark decision – the Richtersveld decision – was discussed by a legal representative from the South African Legal Resources Centre. This decision is one of the leading court decisions for protection of the aboriginal land title of indigenous communities in South Africa. The day was a huge success. The organizations present showed great interest in joining the Consortium. A more detailed report will be compiled to be circulated among the participants, and will soon be available on the Consortium website.
Workshop Report
Introduction to ICCAs
• Gino Cocchiaro (Natural Justice) welcomed participants to the first African meeting on Indigenous peoples and community conserved territories and areas (ICCAs).
• Gino gave an introduction to ICCAs. He emphasised the strong relationship between communities and their surrounding environment, in ICCAs, and explained that ICCAs relate to some type of commons, whether that be land, water, or other natural resource, which is governed and managed collectively be a community or a people.
• NJ is part of the ICCA Consortium.
ICCAs in International Law
• Lesle Jansen (Natural Justice) presented ICCAs through the lens of international law, detailing the legal frameworks that give recognition of, or speak to, ICCAs, including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the International Labor Organization Convention No. 169 (although only one African country has ratified it), the Convention on Biological Diversity and related instruments (Akwé: Kon Guidelines, Programme of Work on Protected Areas, CBD Decisions), the Nagoya Protocol, the three UNESCO Conventions, resolutions of the International Union for Conservation of Nature (IUCN), the Food and Agriculture Organisation (FAO), and the United Nations Framework Convention on Climate Change, as well as case law.
• Lesle also made note of the definition of Indigenous Peoples in the Africa region through the 2005 Report of the African Commission on Human and Peoples Rights’ Working Group on Indigenous Populations / Communities, which signalled that in Africa, peoples with primarily hunter gather and pastoralist lifestyles, identify with the indigenous movement internationally because they are experiencing the same issues of marginalisation as indigenous peoples internationally. On that basis special measures are required to ensure they access their rights on par with the other dominant African groupings. The report is therefore significant and useful as it gives a voice to those people in post-colonial Africa.
ICCAs and Community Protocols
• Gino Cocchiaro then presented on community protocols as one potential tool.
ICCAs in Southern Africa
• Example from Namibia: Friedrich Alpers (Integrated Rural Development and Nature Conservation (IRDNC)) gave a presentation on Bwabwata National Park, Namibia, and what he described as 4 core characteristics for a successful ICCA example: 1) willing communities and partners; 2) enabling legislation; 3) rich culture; and 4) diverse ecology. Friedrich noted the rich ecological knowledge held by the communities in Bwabwata National Park, and of the importance of engagement, involvement, and benefits for communities in order to ensure well-managed land and resources. People are allowed to live inside the National Park and there is a peoples association (Kyaramaracan Association). Friedrich explained that by allowing community-based natural resources management to take place within the Park, the Ministry of Environment and Tourism benefits from less human-wildlife conflict, less poaching, low level of illegal activities, controlled and monitored harvesting, more stable social relations such as education, and the establishment/re-opening of corridors for elephants to move back up north (from Botswana to Angola and Zambia, through the National Park in Namibia). 42% of Namibia today is under some form of protection, including by community conservancies, commercial conservancies, and national parks. Friedrich emphasised that the law is often catching up with practices on the ground, and that it is up to communities and those supporting them to provide innovative solutions to their local issues, showing government models that work.
• Example from Botswana: Keikabile Mogodu (Botswana Khwedom Council (BKC)) presented on the Indigenous Ranyane San People, in Botswana, and about the efforts of the BKC, formed in 2008, to empower the Ranyane Community and build their relationships with government officials. Mogodu explained that the Ranyane are pastoralists and lack access to land and face the threat of relocation from government. Land policies and legislation did not recognize San land tenure. In addition, San peoples are not recognized as indigenous or as distinct people, and their cultural practices (including hunting and gathering) are also not given any recognition. In response, the BKC, among other things, encourage the people to establish Community Trusts and are also supporting them to develop a community protocol.
• Example from South Africa: Henk Smith (Legal Resources Centre) presented on the Richtersveld case in South Africa. The case involved the forced relocation, for conservation purposes, of 2000 Khoi-San peoples from 4 villages. The government knew that there was no law to say that they could move people for conservation reasons, and so decided to negotiate with the affected peoples, and interestingly the negotiations took place in Richtersveld (the community managed to move the forum where the negotiations would take place). During negotiations the community were able to show that tourist vehicles were causing more damage in the Park than the goats of the people. These negotiations resulted in an agreement, and the first National Park in South Africa that allowed people and their animals to live inside the Park and to continue their traditional livelihoods that they have practiced for 200 years. Compensation was also given to the community. There are now 90 communities in South Africa that live in National Parks like this. Henk emphasised that communities may define themselves as and when it suits them, for example in relation to engaging on specific issues. Henk noted that the community in the Richtersveld case have still not received ownership of this area (it’s a long process), but they probably have FPIC rights status for the land in relation to mines. Through the process of preparing and negotiating with government, the community strengthened their identity, learned about how they might want to engage with miners in the future, and also formed a joint management plan and joint management committee.
• Example from Botswana: Onkabetse Kerazemona (TOCaDI) presented on the Shikarawe community in Botswana. He explained that the community faces conservation challenges from massive harvesting by outsiders, litter dumping, and illegal sand mining. The community are regenerating traditional knowledge on medicinal plants in the area and have also developed a booklet on forestry resources and their uses. Community-based resource identification and mapping has led to the suggestion of a community preserved forest zone. It is hoped that creating a community preserved forest zone will create livelihood opportunities including guiding, craft sales, camping revenue, and indigenous knowledge partnerships. Onkabetse also noted challenges they expect the community to face, including conflicting policies, conflicting land uses, few direct benefits to households, governance capacity problems, and a varying resource base in different areas.
• A panel discussion on ICCAs in Southern Africa followed, which focused on the mistrust by the State against communities, especially where communities such as the San had been involuntarily involved in conflict in the past.
ICCAs in East Africa
• Example from Kenya: Simon Mitambo (African Biodiversity Network) presented on ICCAs in the Kenyan context, which include community conservancies or sanctuaries, locally-managed coastal marine areas, sacred natural sites, traditionally-managed ICCAs in pastoral lands, and community forest associations. It was noted that the new Kenyan Constitution (2010) recognises marginalised, minority and indigenous communities, and also community land. This presents an opportunity for those communities to regain ICCAs. Simon also described the challenges going forward, including that the law does not recognise the community’s self-governance of ICCAs, and that ICCAs, as a concept, is still a very new thing to outsiders. As a way forward, the African Biodiversity Network is holding meetings to popularise ICCAs, exchange knowledge and experiences, including providing useful tools to define and develop ICCAs, and strengthening coordination between organisations.
• Example from Ethiopia: Mersha Zeleke (Movement for Ecological Learning and Community Action (MELCA)) presented on ICCAs in Ethiopia. He stated that ICCAs used to be far more common, and that there has been a loss over time because conservation is not seen as a livelihood strategy. But that with deforestation continuing at an alarming rate, the idea of communities managing lands for their own benefit is slowing being recognised, and the government decided on a policy of giving communities the right to protect areas. As a result, ICCAs are reviving. Mersha talked about an exchange visit that had taken place with communities in Bali. One of the communities involved in the exchange, upon returning to Ethiopia decided to close an area off, planted seedlings and started to conserve the area. Over time wild animals returned, the ecosystem regenerated and the community began to manage and make use of it. Following this example, more communities asked MELCA for support to do the same. MELCA has provided seedlings and fencing materials, and now more than 80 ha of land is being locally conserved in this way. The government has a policy that speaks to this, but it is not written in the law, so MELCA is arguing for recognition of these conserved areas by the government, supported by the evidence that these communities are succeeded in managing the areas themselves.
• Example from Tanzania: Onesmo Kivuyo (Association for Law and Advocacy for Pastoralists (ALAPA)) presented on wildlife protected areas in Tanzania. Onesmo sees ICCAs as a reality in Tanzania, but that there is a lack of legal recognition of them, and communities are denied rights in decision-making. Wildlife Management Areas are supported by government but without community involvement. Instead, communities have been evicted.
• Example from Kenya: Hussein Isack (Kivulini Trust) gave a presentation entitled “Meeting the challenges to mobility, spirituality and conservation – the case of the Gabbra people of Kenya”. Hussein spoke of the pastoral way-of-life of the Gabbra people, and of a particular sacred site, which is mobile with the community. He explained that the Gabbra people are interdependent with their environment, and that most animals have ceremonial importance. The Gabbra people also hold customs, which prevent over-grazing and protect the environment. Hussein emphasised that the spiritual values of the community have contributed to the conservation of the land. The Kivulini Trust is supporting the Gabbra people to document their sacred sites by working with elders to identify the sites on a map, and then sending the young people in the community out into the field with GPS devices to compile the maps. In addition, sacred sites have been marked with signposts, and they have been able to legally register the land to the community.
• A panel discussion on ICCAs in East Africa followed, which focused on the difficulty of managing forests and other ecosystems, when there are many people wanting to use them in different ways. It was remarked that even where one community decides to create by-laws for the forest resources, those by-laws do not cut across the different uses of the forest and take account of other peoples and communities. One suggestion made was to form Community Forest Associations, which happens in Kenya. Another subject of discussion was how to deal with internal community engagement. The Tanchara BCP process in Ghana, which is multi-stakeholder, was noted as a good example of community dialogue, fostering understanding of who does what and realising joint interests – for example, different groups may not be aware that the practices of the hunter gathers help prevent soil erosion which is good for the artisan miners, etc.
Participants list for ICCA Meeting (Organizations)
Aide et Action Pour la Paix (AAP)
Friends of Lake Turkana (FOLT)
Kivulini Land Trust
MELCA
Namati Sierra Leone
Pastoral Women’s Council (PWC)
African Biodiversity Network
Save Lamu (SL)
Centro Terra Viva (CTV)
Ujamaa Community Resource Team (UCRT)
Legal Resources Centre
Katiba Institute
Land in Uganda
Southern Cape Land Committee
ZELA
ADHD
Sustainable Development Institute
IRDNC
ALAPA
Sustainable Development Institute
Botswana Khwedom Council
TOCADI
