SpandaNews_II,3

B A S I C C H A R A C T E R I S T I C S O F I K

44 IK is generated within communities44 IK is location and culture specific44 IK is the basis fro decision makingand survival strategies44 IK is not systematically documented44 IK concerns critical issues of humanand animal life44 IK is dynamic and based on innova-tion, adaptation, and experimentationIK being linked to survival and subsis-tence provides a basis for local com-munity level decision-making in theareas of:44 Food Security44 Human and Animal Health44 Education44 Natural Resource Management44 Various other Community-BasedActivities. ©

NDIGENOUS KNOWLEDGE (IK), ALSO REFERRED TO AS ‘TRADITIONAL’

or ‘local’ knowledge is embedded in to the com-munity and is unique to agiven culture, location orsociety. The term refers to

the large body of knowledge andskills, including Indigenous Knowl-edge Systems and Practices (IKSP) aswell as Indigenous TechnologicalKnowledge (ITK), that has been devel-oped outside the formal education sys-tem and that enables vulnerable com-munities to survive.IK is dynamic, the result of a continu-ous process of experimentation, inno-vation, and adaptation. It has the capac-ity to blend with knowledge based onscience and technology, and shouldtherefore be considered complementaryto scientific and technological efforts tosolve problems in social and economicdevelopment as well as coping withclimate change.The dominance of the western knowl-edge system has largely led to a pre-vailing situation in which IK is ignoredand neglected. It is therefore easy toforget that, over many centuries, human beings have beenproducing knowledge and strategies enabling them to sur-vive in a balanced relation with their natural and socialenvironment.Handed down orally from generation to generation I K

has the disadvantage of not being captured and stored in asystematic way. This creates an implicit danger that if notaddressed IK may become extinct.

S P A N D A N E W S | IIDIGENOUS KKNOWLEDGE & EENVIRONMENT

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Experimentation, Innovation,AdaptationTTHHEE EEXXPPEERRTT Nicolas GorjestaniIndigenous Knowledge.The Way ForwardDD II SSCC UUSS SSII OONN Lebo MofoloRecognitions of Land Rightsof indigenous communities.OOVV EERR VVII EEWW Liam OsbourneEnvironmental Refugees.Flee a Changing PlanetOONN FFOOCCUUSS John CrumpMany Strong Voices: Unitingto Combat Climate ChangeAALLTTEERRNNAATTIIVVEESS Liam OsbourneAdapt or DeseapperSSPPOOTTLLIIGGHHTT Hanna FarzinLand Alienation. The Struggleof the Baluchi PeapoleNN EEWW SSRR OOOOMM From UN & NGOs.

g | I N T H I S I S S U E

ISSN 1824-7180

II KKN O W L E D G E

&EEN V I R O N M E N T

E X P E R I M E N T A T I O N , I N N O V A T I O N , A D A P T A T I O N

3/2008eDITORIAL O N L I N E E D I T I O N A T W W W . S P A N D A . O R G / A R C H I V E . H T M LO N L I N E E D I T I O N A T W W W . S P A N D A . O R G / A R C H I V E . H T M L

N D E G E N O U S

I

a b

The unique, traditional, local knowledgeexisting within and developed around the specific conditions

of women and men indigenous to a particular geographic area.I K D E F I N E D B Y L O U I S E G R E N I E R

FOR THE INTERNATIONAL DEVELOPMENT RESEARCH CENTRE (IDRC).

a b

Nicolas Gorjestani is a former Chief Knowledge& Learning Officer at the World Bank. Hehad held a variety of senior staff and manage-ment positions at the World Bank for morethan three decades, before retiring in July 2007.Mr. Gorjestani was also Program Director ofthe World Bank’s Indigenous Knowledge forDevelopment Program.

Some of the knowledge sharing techniques andprogrammes developed under Mr. Gorjestani’sleadership have been recognized as best practiceby the American Productivity and QualityCenter. His publications in the area of knowl-edge and development include: CapacityEnhancement through Knowledge Transfer:a Behavioral Framework for Reflection,Action and Results (World Bank, 2005);«The Way Forward on Indigenous Knowl-edge», in Indigenous Knowledge: LocalPathways to Global Development (WorldBank, 2004); Knowledge Sharing in theAfrica Region: a Results Framework (co-authored, World Bank, 2004); Innovations in Knowledge Sharingand Learning in the Africa Region: Retrospective and Prospective(World Bank, 2002); Indigenous Knowledge for Development:Opportunities and Challenges (2001); Leveraging Knowledge intothe Africa Region's Quality Assurance Process – A Road Map(World Bank, 1999); Indigenous Knowledge for Development – AFramework for Action (co-authored, World Bank, 1998); KnowledgeSharing & Innovation in the Africa Region – A Retrospective(World Bank, 1998); Mr. Gorjestani has contributed papers at severalinternational conferences on knowledge and development.

He now devotes his time to advising, lecturing and writing on develop-ment strategy, organizational knowledge sharing and learning, andleadership development issues. This article is adapted from the author’sconcluding chapter in Indigenous Knowledge: Local Pathways toGlobal Development, (World Bank, 2004).

The author could be contacted at: [email protected]

N 1998, T H E WO R L D BA N K L AU N C H E D T H E IN D I G E N O U S

Knowledge for Development Program inresponse to the challenge articulated by gov-ernments’ and civil society leaders at the GlobalKnowledge Conference in Toronto, Canada in

1997. At the same time, a new vision ofa Knowledge Bank was formulated, rec-ognizing that beside the role of store-house of universally applicable andtransferable knowledge, the Bankwould seek to: 44 Empower its clients to tap a varietyof knowledge sources, including indige-nous knowledge systems embedded inlocal communities; 44 Help connect clients to each otherand to other sources of experience; 44 Learn from and with clients about whatmay works in a given setting and why.The ‘business case’ for using Indige-nous Knowledge (IK) is based on thefollowing assumption: that understand-ing the local context allows for a betteradaptation of the global knowledge;that using local knowledge sourcesincreases ownership and eventually pro-duces better results on the ground withhigher sustainability; that learning fromand building on the knowledge systemsembedded in local communities helpsto empower these communities and fos-

ters a sense of equity in their interactions with governmentsand external development partners 1; that building on IKcould only be achieved in partnership with the communitiesthemselves, with governments and civil society, and withdevelopment partners and academia, in order to leveragescarce resources and maximize the comparative advantage ofthe respective partners2; and, most importantly, that invest-ing in the exchange of IK and its integration into develop-ment programs supported by the Bank and its developmentpartners would help achieve the main development objec-tive, the reduction of poverty.A decade of experience in that sector has led us to the fol-lowing observations: the successful indigenous practices havea huge potential to enhance the impact and the sustainabilityof development efforts, and the development communityshould therefore increase its support to programs that reinforce

S P A N D A N E W S | IIDIGENOUS KKNOWLEDGE & EENVIRONMENT | 2

3/2008tHE EXPERT

SPANDANEWS

I N D I G E N O U S K N O W L E D G ET H E W A Y F O R W A R D

N I C O L A S G O R J E S TA N I

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be judged by what

they do not know,

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manner in which

they know it. ”VV AA UU VV EE NN AA RR GG UU EE SS

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the ability of local communities to share and apply IK. Inthe following, a six-point agenda for enriching the devel-opment programs with the integration of effective IKpractices is outlined.

T H E W A Y F O R W A R D

Over the past few years IK has been progressively put on theagenda of development, as people are more aware of thevalue of IK for the development process. Although sharingIK across borders and communities is still dominated byacademic circles rather than by practitioners, the integra-tion of IK into development projects is gradually beginningto take place.Nevertheless, to build on and to widely extend the progressto date, much more efforts are required. The main actors are clearly the communities and the prac-titioners, even if governments and their development part-ners can play an important role by supporting appropriatepolicies, programs, researches, and targeted interventions. Would it be realistic to envision that, within the next five toten years, learning from IK and incorporating successfulpractices into development programs may become the stan-dard rather than the exception? The following six-pointagenda suggests both governments’ and partners’ actionswhich contribute to realize this vision.

S C A L E U P S U C C E S S F U L I K P R A C T I C E S

T O H E L P A C H I E V E T H E M D G S

According to an ample evidence, one of the best ways toempower the local communities is to let them apply theirindigenous practices in development activities that affectthem directly. While local institutions and governmentsare increasingly interested in incorporating IK into pro-grams and projects, the degree of such interest varies fromcase to case. Some governments, for example, are uncer-tain about the commitment of external partners in sup-porting the activities, and raise doubts about the effective-ness of such an approach. Table 1 highlights the potential contribution of IK to theachievement of the MDGs. These cases demonstrate that,with an appropriate adaptation and leveraging with otherknowledge resources, IK can make a significant contribu-tion in saving lives, educating children, increasing agricul-tural production, enhancing governance, etc. It would betherefore recommended that partners increase their sup-port to community-driven activities that rely on IK.

E N H A N C E T H E A B I L I T Y O F L O C A L C O M M U N I T I E S

T O D E V E L O P , S H A R E A N D A P P L Y T H E I R I K

One of the most effective ways to empower local commu-nities is to help enhance their ability to exchange andapply indigenous practices (either directly or in combina-tion with other practices). In particular, brokering knowl-edge and bringing together knowledge seekers andproviders can increase the participative problem-solvingcapacity within local communities. Specific actions in thisarea may include:44 Development of national IK strategies and their incor-poration into poverty reduction programs;

44 Brokering South-South cross-regional IK learningexchanges;44 Facilitation of intra-regional community-to-communitylearning exchanges;44 Building of IK professional associations, standards andethics; and44 Supporting communities to develop businesses related to IK.


M D G I K E X A M P L E S O U RC E

ERADICATE POVERTY

AND HUNGER

In the Indian state of UttarPradesh, farmers used their

local knowledge and expertiseto increase agricultural produc-

tivity and incomes by 60 percent in about five years.

IK Notes 45

ACHIEVE UNIVERSAL

PRIMARY EDUCATION

In West Africa, the use of locallanguage as a medium of

instruction has helped increaseliteracy rates among rural popu-

lations and provided gainfulemployment for teachers

and young girls.

IK Notes 5

PROMOTE GENDER

EQUALITY AND

EMPOWER WOMEN

Women are playing an activerole as agents of social changethroughout Africa. In Senegal,

the women of Malicoundaempowered themselves to putan end to the local practice of

female genital mutilation.

IK Notes 3

REDUCE CHILD

MORTALITY

Throughout Africa, local com-munities use traditional child

rearing practices to supplementthe diet of infants. In Ethiopia,traditional medicine is used totreat common infant diseases.

IK Notes 35

IMPROVE MATERNAL

HEALTH

In Uganda, traditional birthattendants have collaboratedwith district health centers,using modern ICTs, to helpreduce maternal mortality

reportedly by over 50per cent in three years.

IK Notes 40

COMBAT HIV/AIDS,MALARIA AND

OTHER DISEASES

In Tanzania, traditional healershave successfully treated oppor-tunistic infections of over 4000

AIDS patients, prolongingtheir lives.

IK Notes 51

ENSURE

ENVIRONMENTAL

SUSTAINABILITY

Rural Communities inMozambique manage controlof forest exploitation along the

country’s shoreline throughmyths and traditional rites,

maintaining these resources forthe next generations.

IK Notes 46

BUILD A GLOBAL

PARTNERSHIP FOR

DEVELOPMENT

A team of IK experts from EastAfrica visits counterparts in

South Asia to develop a part-nership for South-South coop-eration on IK-related activities.

IK Notes 55

T A B L E 1 . P O T E N T I A L C O N T R I B U T I O N O F I K

T O W A R D S A C H I E V I N G T H E M D G S

SOURCE: Indigenous Knowledge: Local Pathways to GlobalDevelopment, World Bank, 2004. IK Notes is a monthly

publication reporting on IK-based practices.See http://www.worldbank.org/afr/ik .

The governments should take the lead in creating theappropriate policy environment for the evolution of theseactivities. On the other side partners could provide theresources required for brokering, for the facilitating func-tions and for the dissemination of lessons of experience(e.g., in the form of tool kits and guidelines, some proto-types of which have already been developed). Projects,intermediaries and government agencies could be sup-ported in providing opportunities for exposing traditionalpractitioners to the scientific research community andother professional associations. At the same time, the pri-vate sector could be encouraged through appropriate poli-cies to invest in the development of products derivedfrom indigenous practices, or develop appropriate com-munity – private sector partnerships 2.

D EV E LO P I N N OVAT I V E P ROTO C O L S

F O R T H E VA L I D AT I O N A N D

P ROT E C T I O N O F IK

Existing international protocolsgoverning intellectual propertyrights (IPR) are essentially basedon the concept of patent. Simi-larly, protocols for validation oftraditional medicine are essen-tially based on discovering theeffect of single substances on aspecific disease or illness. In thecase of traditional medicine,given the multiple ingredientsin a herbal treatment, the appli-cation of such protocols appearsproblematic. Accordingly, moreappropriate approaches areneeded to address the issues ofIPR and the scientific validation of IK.While a start in this direction has been observed, a moreconcerted action is called for. Governments can help bydesigning appropriate policies and legal covenants. Thepartners, led by WIPO in the case of IPR issues and byWHO in the case of traditional medicine, could contributeby promoting the use of appropriate international proto-cols and disseminating them through an informationcampaign that reaches the local practitioners and thecommunities, associations researchers etc.

D E V E L O P A R E S U L T S F R A M E W O R K

F O R M O N I T O R I N G I K A N D M E A S U R I N G I T S I M P A C T

Thanks to an increasing of number of projects and activi-ties incorporating IK, a considerable body of evidence,useful for expanding IK applications across countries, isbeing formed. It is therefore important to identify effec-tive approaches to monitoring and evaluation of results inprojects that incorporate IK, and to establish a larger data-base of quantifiable results of IK-driven activities. Sector-specific sets of indicators need to be developed, to demon-strate how the incorporation of useful IK (or addressingharmful practices) in development has made a difference. Such a framework would also help distill successfulapproaches for replication and scale up. The framework

should be referenced against the MDGs, indicating how IKcan contribute to achieve them. Finally, such an approachwould help also address the issues related to validationand IPR associated with IK. Governments could ensurethat national IK strategies contain appropriate arrange-ments for measuring the results. The partners could helpby developing common methodologies based on success-ful country practices and disseminating them to the com-munities of practice.

E S T A B L I S H A N I N N O VA T I O N F U N D

T O P R O M O T E S U C C E S S F U L I K P R A C T I C E S

Even if IK is typically passed on from generation to gener-ation, such heritage is not rigid, and each generation canadapt and improve the earlier practices. Local communi-ties have the potential for creativity and innovation. It is

evidenced that enabled impov-erished communities and tra-ditional practitioners are actu-ally capable of developing newproblem solving approaches,building on their intellectualcapital (i.e., their IK systems). Evidences also suggest that aninnovation fund supportingsuch activities can impressivelystimulate further creative think-ing among the impoverishedcommunities. For example, theGTZ has evaluated a series ofsmall scale innovation projectsfunded by Germany and foundthem to be particularly usefulin promoting community-based initiatives, micro-enter-prise development and local

innovations. Similarly, the World Bank’s DevelopmentMarketplace has spurred several very creative community-based solutions, some of which have involved IK 3. An inno-vation fund dedicated to IK could be modeled on the latterand provide a platform for partners to provide resources as“venture capital” for IK -related innovation4.

O R G A N I Z E G L O B A L P A R T N E R S H I P S A N D E V E N T S

T O P R O M O T E T H E A B O V E A G E N D A

Despite the recent progress, the awareness of the role playedby IK in development is generally limited. Yet, a growingbody of evidence suggests that successful indigenous prac-tices can effectively contribute to the development agenda.In this context, it is time to establish a high level advocacygroup composed by global leaders and other eminent per-sonalities to help raise said level of awareness.In addition, it appears appropriate to organize a globalconference in order to bring together policy makers, rep-resentatives of IK communities of practice and other com-munity-based organizations, the development partners,and other possible actors, to help generate a stronger com-mitment to implement the above agenda. Year 2010 wouldbe a realistic and ideal target for such a conference, givingstill a suitable springboard for the IK ’s role in the remain-ing five years before the target date of the MDGs in 2015.


Such a global event would underline the commitment ofdevelopment partners to promote the use of IK in thedevelopment process.

F I N A L R E M A R K S 5

We have learned that IK is a critical factor for sustainabledevelopment and empowerment of local communities.The integration of IK into the development process willhelp to enrich it and make it more equitable. Like anyother knowledge, IK needs to be constantly used, chal-lenged, and further adapted to the evolving contexts.Supporting local and regional networks of IK practitionersand facilitating community-to-community knowledge andlearning exchanges will help to enable the communities toparticipate more actively in the development process as pro-tagonists of their own development. While innovativemechanisms for the validation and protection of IK need tobe developed, many indigenous practices can at the same

time be adapted and scaled up within local, national, andregional development efforts.To proceed on these fronts, a stronger commitment fromgovernments, partners, community-based organizations,and other interested players to work together is required.Finally, we need to promote a strong partnership to har-ness IK for development in a process of learning fromcommunities and helping communities to learn.

___________1 For example, WIPO would concentrate on IPR issues; IFAD on agriculturaltopics; NGOs would provide the link to communities, etc. Before thelaunch of the IK Program, the following initial partners were consulted inthe context of PICTA (Partnership for ICT in Africa): ECA, CISDA, IDRC, ITU,

UNESCO, UNDP, and WHO Subsequently, the IK Program collaborated alsowith others, including CIDA, CIRAN at NUFFIC (Netherlands Organizationfor International Cooperation in Higher Education), FAO, GM/CCD (GlobalMechanism of the Convention to Combat Desertification), GTZ, IFAD, ILO,Netherlands Development Cooperation, NORAD, Swiss DevelopmentCooperation, UNCED, UNCTAD, WIPO, and numerous NGOs, CBOs and cen-ters of excellence, mainly in Africa and South Asia.

2 There are good examples: in South Africa, tea-growing farmers of SuidBokkeveld have used indigenous practices (adopted from farmers inWupperthal in West Cape Province) to improve their post-harvest pro-cessing and set up a cooperative which has succeeded in securing exportorders to Europe. In Uganda, the authorities are supporting the market-ing of toothpaste based on indigenous plants.3 In fact, the Bank’s IK Program was launched with a grant from theBank’s Innovation Marketplace, which preceded the Bank’s DevelopmentMarketplace concept, then limited to proposals from Bank teams. TheDevelopment Marketplace expanded the concept to include proposalsfrom civil society groups in participating countries. At each market-place,(several such events have been organized to date), the Bank pro-vides innovation grants (about $100,000 on average) to several innova-tion projects selected from thousands of proposals. For example, themarketplace held in December 2003, awarded about $6 million to 47proposals from 27 countries. 4 For a review of approaches to supporting grass-roots innovation seeSupporting Local Innovation for Rural Development: Analysis and review ofFive Innovation Support Funds, Danish Institute for International Stud-

ies, June, 2006. This study was commissioned by the IK for DevelopmentProgram and supported by a Danish Trust Fund.5 For further information on the IK for Development Program pleaseconsult: http://www.worldbank.org/afr/ik ©


EGISLATIONS AND LEGAL SYSTEMS HAVE POSED COUNTLESS

struggles to indigenous people, such as fail-ures to effectively recognise and protect theiridentity, culture and language(s), and difficul-ties to enforce and uphold the existing laws. Itis in relation to indige-

nous peoples’ land rights that the fail-ures of legal systems are the most evi-dent, although the reasons are greatlydependent on contextual factors suchas the individual community, thenature of the rights sought and thepressure of the State for the availablenatural resources. Additionally, thecountries inhabited by the majority ofthe indigenous population are histori-cally states having a weak rule of law inthe social or political arenas, and wherethe legislative and judiciary systems,even today, are fraught with loopholesand barriers to an effective justice.Despite all the challenges, severalindigenous communities have success-fully gained legal recognition of theirland rights, and some states have evenintegrated indigenous people’s rightsinto their legal system. Most indige-nous communities, however, must stillfight against the time in order to gain abasic legal recognition, before their cul-ture and society – which is highlydependent on land – are irreversibly eroded.The effects of the colonisation by European settlers are thesource of the initial hurdle faced in establishing land rights.In the states colonised or administered by the BritishEmpire, for example, traditions and customary laws ofindigenous communities were somehow recognised. InManipur, a state in Northeast India, homeland of the largecommunity of Naga, the British colonialists “did not dis-turb the hill villages. Instead they recognised their Head-men (chieftans) and entrusted them with the village admin-istration”1. In Mizoram and Meghalaya, similar provisionswhere implemented2. Antony Allott distinguishes betweenthis British system of ‘Indirect Rule’ and the French colo-nialists’ system of progressive assimilation, the latter recog-nising that “the native populations were best administeredthrough and under their own institutions”, with someexceptions pertaining to penal laws 3. In most colonised

indigenous communities, however, the governing institutionswere exact copies of those of the colonising State. As a result,the nature of the relationship between the indigenous com-munities and their land was not properly recognised, and the

enacted laws had often the consequenceof deteriorating the quality of life of theaffected communities. The effects of thepast colonial administration are still feltby many indigenous communitiesworldwide.A major issue of the latter stages ofcolonisation is indeed represented by landreform laws, against whose effect mostindigenous communities are attemptingto find legal recognition of land rights.The British in Kenya instituted a “landregister” similar to the British one, wherethe customary ownership of land wastransformed into recordable titles. Thisprocedure spread gradually throughoutKenya, and was then applied in otherAfrican states. Although considered as alegal equivalent to customary rights, theland registration system had the effect ofalienating indigenous communities fromthe traditional relationship they had withtheir land, characterized by a unique andrelevant nature of their customary rightssystem4.Other land reforms were more blatant

in their object to dispossess and steal the land fromindigenous communities. The ‘San’ or ‘Khoi’ hunter-gath-erer indigenous communities of southern Africa havebeen subject to large abuses of their human rights, insti-tuted through forced eviction from their traditional terri-tories and forced settlement in camps5. The settlers estab-lished farms in the territories inhabited by the San, fenc-ing off this land and denying any access to the migratoryindigenous communities 6. Natural resources essential forthe San population, such as water and certain plants, werethen used to support the farming industry. Additionally,reserves were also introduced, leading to further land dis-possession 7. These reforms remain today the main barriersto land right recognition amongst the San community inSouth Africa, Botswana and Namibia and represent theprimary source of the social problems – relating to health,education and welfare – which currently plague the San.


“ There is an

ABC ignorance

which precedes

knowledge and

a doctorial

ignorance that

comes after it. ”MM OO NN TT AA II GG NN EE

g | D I S C U S S I O N

3/2008dISCUSSION

RECOGNITIONS OF LAND RIGHTS OF INDIGENOUS COMMUNITIESA STRUGGLE AGAINST STATE LEGAL SYSTEMS AND ENFORCEMENT BARRIERS

L E B O M O F O L O

SPANDANEWS

L

For the majority of indigenous communities, the end ofcolonisation did not resulted in an improvement of theirlegal status. The issues of displacement and land alien-ation have in fact worsened in the past fifty years, as pop-ulation increase and environmental degradation put pres-sure on land and natural resources, problems which devel-oping states are often poorly equipped to deal with. As aresult, indigenous people striving to have their land rightsacknowledged and enforced are placed in conflict with theinterests of the State and global industries such as those ofmining, logging and agriculture8.In the North-eastern region of India, homeland of a largediversity of indigenous populations covering seven states,there are two main causes of land alienation. Firstly, thereis an increasing demand of land for economic develop-ment, either from the State or private entities. Secondly,there is the issue of encroachment by immigrant popula-tions, whose number the local and national authoritieshave effectively failed to curb. These issues are exacerbatedby a legal system that fails to take into account the princi-ple of customary land ownership, and by the lack of realaccess and integration into thelegal system9. Similar causes ofland alienation are also presentin South America, where themassive flux of workers attractedby the large industries hasincreased the pressure on sharednatural resources, and Amazon-ian indigenous people now “con-stitute a minority population inrelation to other Amazonianinhabitants” 10. In Cambodia,Jeremy Ironside notes nine caus-es of land alienation amongstindigenous communities, includ-ing lack of awareness of legalrights and representation, absenceof a clear legislative framework,registration and enforcementmechanisms, intimidation andland grabbing by powerful peo-ple, officials and military, forestclearing, in-migration into indigenous areas and forcedland selling 11.Tackling the causes of land alienation has proved to bebeyond the capacity of many developing states, whoseresources are often limited by other obligations or other-wise woefully mismanaged. In Kenya, it has been theMaasai indigenous population itself who struggled tokeep the issue of land alienation as a priority in the politi-cal agenda. They have met resistance from almost all sec-tors of the political administration and judiciary, bothpre- and post-independence. In 1912 they pursued a civilcase suing the British colonial administration for damagesresulting from the 1904/1911 Anglo-Maasai Treaties, whichresulted in most of the traditional Maasai land beingfraudulently transferred to the British12. Although the casewas dismissed by the Court of Appeal on points of techni-cality, the Maasai were not deterred and brought the issue

up at the 1923 and 1933 East Africa Royal Commission13.Post-independence, the Maasai have used civil societyorganisations in order to continue raising awareness oftheir plight. In spite of the positive reaction of the mediaand a large sector of Kenya’s population, the governmentremains unwilling to assist the Maasai and has on occa-sion used brutality to suppress their movement14.Not all the struggles for land rights of indigenous communi-ties stem from land alienation. In the northern hemisphere,in particular the indigenous communities of the Circumpo-lar North, Canada and Scandinavia land alienation in only arelatively recent phenomena, coinciding with the discoveryof oil and mineral deposits in parts of this region. Previousexploitation of local resources by non-indigenous people waslimited to fishing, whaling and hunting of wildlife, since theharsh climate made any settlement by non-indigenous com-munities nearly impossible15. The indigenous communitiesin these regions have generally been quite successful inestablishing land claims. The Inuit and First Nation indige-nous groups in Canada managed to settle claims in the pastdecade which have granted them extensive land rights. Both

the Saami of Scandinavia andRussia’s indigenous communi-ties have seen the approval oflegislation in which certain landrights are acknowledged. Theirmain challenge has been theenforcement and the recogni-tion of these legal rights, facingan increasing interest in theexploitation of the CircumpolarNorth16.As mentioned before, the legis-lation enacted in order to pro-tect the land rights of indige-nous communities is oftenrigged with caveats and fails tocapture the real nature of therelationship between indigenouscommunities and their land. Inmost indigenous societies, landis not considered as an absoluteproperty of one individual, like

in the contemporary or colonially-introduced notions ofproperty, but a communal resource, held jointly by all thepeople and governed by the principle of intergenerationalequity17. This principle decrees that the present generationsshould use resources to meet their needs without limitingthe same possibility for future generations18. This model ofland ownership runs counter to contemporary or colonially-introduced notions of proprety, whereby land is titled to anindividual (traditionally male) who olds it absolutely19. Evenif such communal land ownership is not practiced by allindigenous societies20, the majority of legislation regardingindigenous land is conflicting with the interests of the com-munity, is ineffective and prone to abuse or misapplication21.In a number of countries, this issue has been addressed withdifferent degrees of success.The indigenous communities of Northeast India have ahuge variety of customary land tenure systems, which


reflect the lifestyle and means of sustenance of each com-munity22. These unique land tenure systems often derivefrom indigenous knowledge about the land and itsresources, resulting in an harmonious relationship betweenthe indigenous community and their environment23. Thisarea of India is governed by a number of laws, with theFifth Schedule of the Constitution preventing the sale oftribal land to non-tribals and the Sixth Schedule coveringseveral states, in addition to specific laws and regulations ofother states in the region24. The Sixth Schedule recognisescustomary laws, and by virtue of this, communal land own-ership systems valid in indigenous communities25. However,this recognitiondoes not apply tothe entire Northeast region, andother laws offeronly minimal pro-tection of custom-ary rights26.Indigenous peo-ple’s land rightsare often estab-lished via a claimprocedure or reg-istration. Theseprocesses are themost problematicfor indigenouscommunities whocannot navigatethe complex arenaof the regional ornational adminis-trative and judicial systems. Furthermore, the criteria for asuccessful land claim are often beyond the means andcapacity of many indigenous communities; in some cases,the claims mechanism is entirely counterproductive, as itrequires information not traditionally documented by theindigenous tribes. However, with the help of third partiesin the form of NGO’s and other regional and internationalbodies, many indigenous groups have found support inmaking claims either through the established proceduresor via the judiciary route.The Philippines enacted the Peoples’ Rights Act (IPRA) (AkaRepublic Acts 8371) in 1997. Its objective is to ensure the“recognition of land a resources, rights and titling of indige-nous lands and territories” 27. This legislation established atitling procedure for either ancestral lands (Certificate forAncestral Land Title or CALT) or ancestral domains (Certifi-cate for Ancestral Domain Title or CADT) claims involving,inter alia, petition for delineation and delineation proper,submission of supporting documents, notice and publica-tion, issuance of a CALT or CADT28. However, this mecha-nism has proved difficult to apply in practice, and the rateat which applications have been made since the introduc-tion of the legislature far outweigh the pace at which titlesare awarded 29. Lourdes Amos notes that this backlog indi-cates the “government’s reluctance to fully recognize theindigenous people’ land and resource rights” resulting from

conflict of interest over resources and overlapping policiesin addition to lack of political will and insincerity towardsfull recognition of rights30.In South America, indigenous Amazonian communitieshave faced similar challenges in terms of establishing landrights through the existing state mechanisms. In theircase, the main issue pertains to the recognition of territor-ial rights as opposed to just land rights. There has been areluctance expressed by most Amazonian states31 to recog-nising broad territorial claims, with Bolivia being the onlystate applying the “territorial method” of titling 32. Theresult is that most of the land claims held by Amazonian

indigenous com-munities cover spo-radic patches of for-est which increasesthe risk of exploita-tion and displace-ment 33. Addition-ally, Pedro GarcíaHierro notes that“the procedures forlegalising lands aregenerally unneces-sarily complex,long and costly,and highly vulnera-ble to administra-tive and legal chi-canery” 34 and thisproblem is exacer-bated by a land reg-istry system whichis badly managed35.

The Canadian land claim boards are perhaps the bestexample of successful procedural mechanism for establish-ing land rights. The claim boards were established inresponse to the need to address ‘comprehensive land claims’in territories where indigenous peoples had not previouslysigned treaties with the Canadian government36. The sys-tem by which these boards function is essential to their suc-cess, in that they are independent public bodies composedof candidates appointed by the federal government from apool nominated by one of the parties to the claim37. Thisallows for indigenous people to represent the majority ofthe board members, and not to feel accountable eithertowards their nominators nor the federal government; suchindependence ensures that the validity of the claims boardis not undermined.The problems pertaining to the land rights of migratoryindigenous communities are particularly critical. Theirmeans of sustenance often require access to a land thatcannot be legally claimed, due to their temporary settle-ment. As a result, most of the San community of southernAfrica have been dispossessed of their land, and onlyrecently begin to see some remedial action from the State.Government initiatives include parallel efforts to integratethe San community into the countries larger social andeconomic network via education and employment pro-grammes 38. In Botswana, the First People of the Kalahari


© 2008 SPANDA FOUNDATION.

San organisation have been instrumental in the effort ofthe San to have their rights to access to the Central Kala-hari Game Reserve recognised, and in 2003 they brought alegal action against the government of Botswana, claimingthat they had been illegally removed from their land 39.Three years later the High Court of Botswana ruled intheir favour by a majority of two-to-one, and this land-mark decision heralds a new chapter in the developmentof land rights for indigenous peoples40.Enforcement of land rights remains a critical issue for bothindigenous communities and the states in which they reside.As aforementioned, the quality of the legislation enacted toprotect indigenouspeoples’ rights isoften dire, withc o n t r a d i c t o r y,unclear and incom-plete stipulations.This makes it easi-er for third partiesto break laws with-out fear of beingcaught or pun-ished, demonstrat-ed by the sheervolume of illegallogging that takespart in lands right-fully occupied byindigenous peoples.In addition to this,the institutionswhose responsibili-ty is to manageindigenous community issues are often poorly equipped todeal with the myriad of challenges they face, and often haveto compete with larger state institutions (for instance eco-nomic or agricultural) which creates additional barriers toenforcing indigenous community rights. The situation withjudicial enforcement is equally problematic, not only due tothe legislation, but also to additional factors, such as a weakor non-existent rule of law culture, a scarce funding andinadequately trained legal professionals. The situation with indigenous communities in South Americashows enforcement problems across several areas. Firstly,despite the existing regulations for legalising lands ofAmazonian indigenous communities, the procedural struc-ture is unnecessarily burdensome, costly and lengthy41. Fur-thermore, as Pedro García Heirro notes, “the procedures forrevision and recovery of lands are not duly considered inany of the legal regulations”42. The existence of land rightsdoes not necessarily correspond to their respect by stateinstitutions, so that logging concessions are periodicallygranted in respect of land that has already indigenous peo-ple’ rights attached43. In terms of judicial enforcement, thecourts are often unsympathetic to the plight of the indige-nous people, and lack of court access continues to form abarrier to legal remedies44.In Asia, indigenous people face continuous hurdles in theirefforts to have their land rights respected. Despite the

Indigenous Peoples’ Land Rights Act, the Philippines havefailed to prevent the grant of land which is part of theancestral domains or has no concurrent conflicting rightsattached thereto45. The National Commission of Indige-nous Peoples – the government agency responsible forimplementing indigenous policies and legislation – is oftenembroiled in internal political conflicts, with corrupt offi-cials and a lack of political will or commitment towardsenforcing legislation46. In Cambodia, land rights are under-mined by both the local authorities and the manipulativeactions of third parties seeking land. The latter can con-clude illegal land transactions with indigenous people,

whose basic under-standing of legalterminology ornotions makesalmost impossibleany legal review orchallenge. Localauthorities andpowerful officialsare also known toillegally appropri-ate land rightfullyoccupied landfrom indigenousc o m m u n i t i e s ,offering them nei-ther compensationnor justification47.In those countrieswhere the rule oflaw is a fundamen-tal institution in

the legal system, enforcement is mostly unproblematic.Indigenous communities in the circumpolar north, includ-ing those of Canada and Scandinavia, are strongly repre-sented within civil society, and are consulted by public andprivate institutions in relation to proposed measures48.However, recent mining and oil gas exploration have led toan increased disregard of the enforcement and respect ofthe rights of indigenous communities including circumven-tion of legal stipulations49. Indigenous communities inthese areas can no longer take it for granted that the regula-tions and institutions in place to protect them from landdisplacement will be continue to be effective50.For the vast majority of the world’s indigenous communi-ties, the legal system within which they belong has bothhelped and hindered their pursuit of the right to live in atraditional way. A number of binding international legalinstruments such as the International Convention for theRegulation of Whaling (1946)51 and the Convention onBiological Diversity (1992)52 recognise certain rights ofindigenous communities and have highlighted the need tointegrate them within the international legal forum. Fur-thermore, the recently adopted United Nations Declara-tion on the Rights of Indigenous Peoples (2007), althoughnot binding on states, has focussed on the core issues fac-ing indigenous communities and recognising their role inthe global community 53. Articles 25 to 30, in particular



consider the breadth of land rights held by indigenous peo-ple and establish the notion that “land rights” is not simplysynonymous of titling; but rather covers a broad spectrumof rights, relationships, entitlements and similar issues.Land rights continue to be one the most contentious issuefacing indigenous people despite the progress made atdomestic, regional and international levels, because unlikesocial or cultural rights, there are often resource matters,and thus economic opportunities, to take account of.When these conflicts of interest arise in developing states,indigenous communities are often the first to lose out,and despite the efforts of NGO’s and other bodies, rangingfrom village to global level, legal recognition and enforce-ment of indigenous land rights are still far from beingachieved. This problem is exacerbated by the meantimeexploitation of resources in indigenous lands, withoutconsideration to sustainability or compensation. The abil-ity of indigenous people to continue existing according totheir chosen lifestyle closely depends on whether the glob-al community can effectively consolidate their rights with-in the legal environment, and within a timeframe that willnot render those rights obsolete.

___________1 SHIMRAY, U. A., “Tribal Land Alienation in the North Eastern Region:Laws and Land Realtions” (Guwahati, 2006) p. 10, available onhttp://www.iwgia.org/graphics/Synkron-Library/Documents/publica-tions/Downloadpublications/Books/Tribal%20Land%20Alienation.pdf. 2 Ibid. p. 11.3 ALLOTT, A.,“The Limits of Law” (London Butterworths, 1980) p. 182.3 4 Ibid. p. 183-184.5 VANDERPOST, C., JORAM/USEB, and CRAWHALL, N., “TraditionalKnowledge and Emancipation of Hunter-Gatherers in Southern Africa”in Indigenous Affairs: Land Rights, A Key Issue (2004)36-41 (36) availableon http://www.iwgia.org/graphics/Synkron-Library/Documents/publica-tions/Downloadpublications/IndigenousAffairs/IA42004.pdf.6 Ibid. p. 38.7 Ibid. pp. 38-40.8 TAULI-CORPUZ, V. and TAMANG, P., “Oil Palm and Other CommercialTree Plantations, Monocropping: Impacts on Indigenous Peoples’ LandTenure and Resource Management Systems and Livelihoods” (PermanentForum for Indigenous Peoples Sixth Session, May 2007) E/C19/2007/CRP6,available on http://www.un.org/esa/socdev/unpii/en/session_sixth.html .9 Supra note 1, p. 9.10 GARCIA HIERRO, P., “Governance, the Territorial Approach andIndigenous Peoples” in Indigenous Affairs: Land Rights, A Key Issue(2004)8-13 (10-11).11 IRONSIDE, J., “Securing Land Tenure Rights for Cambodia’s Indige-nous Communities” in Indigenous Affairs: Land Rights, A Key Issue(2004)14-19 (15-16). 12 Ol Ole Njogo and others v The Attorney General and 20 others [1912]Civil case no. 91, (E.A.P. 1914) 5 E.A.L.R. 70.STAVENHAGEN, R. “Report of the Special Rapporteur on the situation ofhuman rights and fundamental freedoms of indigenous people” UN DocA/HRC/4/32/Add.3, 26 February 2007, p. 10.13 SIMES, J.O., “The Century-Long Displacement and Dispossession ofthe Maasai in Kenya” in Indigenous Affairs: Land Rights, A Key Issue(2004) 41-46 (43).14 Ibid. p. 45.15 AHLENIUS H., JOHNSEN, K., NELLEMAN, C., Vital Arctic Graphics“People and Global Heritage in our Last Wild Shores” (2005) UNEP GRID-

Arendal, p. 21, 27-34, available onhttp://www.grida.no/publications/vg/arctic/ .16 WIBEN JENSEN, M., “Editorial” Indigenous Affairs: Land Rights, A KeyIssue (2004)4-7 (4).17 Supra note 1, p. 8. Supra note 10, p. 14.18 Principle 3, Rio Declaration, 1992 United Nations Conference onEnvironment and Development (UNCED).19 Supra note 1, pp. 25, 27.20 Supra note 1, pp. 18, 22-24.21 Supra note 1, pp. 14, 22, 24-25.22 Supra note 1, pp. 9, 18-19.23 Supra note 1, p. 8.24 Supra note 1, p. 10-12.25 Supra note 1, p. 15.

Supra note 15, p. 6.26 Supra note 1, p. 20.27 AMOS, L., “Titling Ancestral Domains: The Philippine Experience”Indigenous Affairs: Land Rights, A Key Issue (2004)20-25 (21).28 Ibid. pp. 21-22.29 Ibid. p. 22.30 Ibid. pp. 22-24.31 Amongst others Brazil, Ecuador, Bolivia, Colombia, Peru, Venezuela etc.32 Supra note 9, pp. 8-9.33 Supra note 9, p. 9.34 Ibid.35 Supra note 9, p. 10.36 WHITE, G., “Strengthening Indigenous Peoples’ Influence: ‘ClaimBoards’ in Northern Canada” Indigenous Affairs: Land Rights, A Key Issue(2004)26-30 (26).37 Ibid. p. 29.38 Supra note 5, pp. 40-41.39 http://www.iwgia.org/sw9940.asp.40 http://www.bbc.co.uk/1/hi/world/africa/6174709.stm.41 Supra note 9, p. 9.42 Supra note 9, p. 10.43 Supra note 9, p. 11.44 Supra note 9, p. 9.45 Supra note 26, pp. 22-23.46 Supra note 26, p. 24.47 Supra note 10, pp. 15-16.48 Supra note 35, pp. 2 6-30.Of particular note are the Saami Council and the Inuit CircumpularCouncil.49 http://www.artictpeople.org/2008/02/25/undermining-saami-rights-in-sweeden/ .http://www.iwgia.org/graphics/Syncron-Library/Documents/Notice-board/News%202007/Artic/SwedenSamisttruggleovedrlandrights.htm .http://www.iht.com/articles/2008/04/10/business/rusoil.php .50 Supra note 15, p. 4.51 Aboriginal Subsistence Whaling, http://www.iwcoffice.org/conserva-tion/aboriginal.htm.52 Preamble and Article 15, 16 and 19.53 http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf . ©

S P A N D A N E W S | IIDIGENOUS KKNOWLEDGE & EENVIRONMENT | 1 0

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A silly remark can be made in Latin, as well as in Spanish.

CERVANTES, The Dialogue of the Dogs.

a b

HE REALITY THAT THE WORLD’S CLIMATE AND ENVIRONMENT

is changing due to harmful human activitiesis a widely accepted scientific fact. As theIntergovernmental Panel on ClimateChange (IPCC) stated in

2007 “most of the observed increase inglobally averaged temperatures sincethe mid-20th century is very likely dueto the observed increase in anthro-pogenic greenhouse gas concentra-tions, which has very likely... con-tributed to a rise in mean sea level 1.”However, even though it is certainthat global warming over the past 50years can be attributed to humanactivity, and that certain countries aremore culpable than others, it is hardto establish legal causation making thequestion of what to do with environ-mental refugees a difficult one. Thecurrent definition for refugees as isexpressed in the Refugee Conventionsees refugees as, “people outside oftheir own country because of a well-founded fear of persecution onaccount of their race, religion, nation-ality, membership of a social group orpolitical opinion, and where there is afailure of state protection in the country of origin orhabitual residence 2.”This definition reflects its post World War II context, see-ing as it only covers those peoples who have fled or beenforcefully exiled from their countries to other states. Thedefinitional requirement of exile poses a huge problem forenvironmental refugees many of whom are ‘internally dis-placed people’ (IDPs). While the Office of the UN HighCommissioner for Refugees (UNHCR) is the main agencyin charge of IDPs it only covers those that are forced tomove because of violent conflict. One only needs to lookat the case of Darfur to see how the lack of attentiongiven to environmental refugees can lead to greater con-flict. As UN Secretary-General Bai Ki Moon said, “the sit-uation in Darfur began as an ecological crisis, arising atleast in part from climate change 3,” with food shortagesand drought leading to population movement and subse-quent conflict. Had the UNHCR had the mandate to deal

with environmental refugees at an earlier stage perhapsconflict could have been avoided.A second problem with the current refugee label is that itrequires a certain level of persecution. Even though

storms, droughts, and landslides areharmful to humans they are not perse-cuting individuals per se. Closelylinked to this is the third hurdle whichis the fact that even if it was possibleto establish legal causation of MotherNature persecuting people it has to beon the account of a certain characteris-tic whether it be an individual’s race,religion, nationality, membership of aparticular social group or political opin-ion4. Climate change and its effects ongroups of people is cruelly indiscrimi-nate, affecting people from all back-grounds with no discretion.

However, just because there is no for-mal legal recognition of environmen-tal refugees does not mean that theydo not exist. For Brian Gorlick, asenior policy advisor in the New Yorkoffice of the UNHCR, environmentallydisplaced people cannot be ignored.They are defined by him as groups of

people “who are displaced from or who feel obliged toleave their usual place of residence, because their lives,livelihoods and welfare have been placed at serious risk asa result of adverse environmental, ecological or climaticprocesses and events 5.” When the statistics are examinedtheir situation is quite alarming. Worldwide, approxi-mately 188 million people were adversely affected by nat-ural disasters in the 1990s, six times more than the 31 mil-lion whom where directly or indirectly affected by war6.The UNHCR reports that there were 2.4 million refugeesglobally in 1975. This figure rose to ten times that over fol-lowing decades with a high of 27.4 million global refugeesin 1995 dipping to a still alarming 19.2 million refugees in20057. And while these are only the numbers for politicalrefugees if one compounds this with the forecasted trendsfor environmental refugees the picture painted is a fright-ening one. The Tokyo based United Nations Universityrecently reported that there will be up to 50 million moreenvironmental refugees globally by the end of this decade


“ Knowledge is

little; to know the

right context is

much, to know

the right spot is

everything. ”JJ OO SS EE PP HH JJ OO UU BB EE RR TT

² | O V E R V I E W

3/2008

SPANDANEWS

E N V I R O N M E N T A L R E F U G E E SF L E E A C H A N G I N G P L A N E T

L I A M O S B O U R N E

oVERVIEW

T

because of rising sea levels, desertification, dried up aquifers,weather-induced flooding and other serious environmen-tal changes8. A study by Oxford academic Norman Myerspredicts that by 2050 up to 150 million people will be dis-placed due to global warming with 73 million being dis-placed in China, 26 million in Bangladesh, and some 20million in India 9.Yet, despite this alarming picture, not much is beingdone. Because of this many of the worlds’ indigenous peo-ple, who are already marginalized and disproportionatelyface the adverse effects of climate change, have voicedtheir frustrations. In March 2007 the Inuit people of theArtic regions of the US and Canada sought a declaration

from the Inter-AmericanCommission on HumanRights holding the USresponsible for “irrepara-ble changes to their

environment10.” In a 200 pagedocument the representativesof the Inuit peoples outlinedhow animals that they reliedon were disappearing, thawing permafrost was leading tolandslides, travel was becoming increasingly difficultbecause of unpredictable weather, and how traditionalknowledge was becoming unreliable in the warmer tem-peratures 11. All of these climate changes make the forcedmovement of the Inuit a very real scenario for the future.For other groups of indigenous peoples the inevitability ofmoving has already come upon them with the inhabitantsof Papua New Guinea’s Carteret Islands having alreadybegun the process of moving to the mainland. The reasonfor the move is because rising sea levels have made theirtraditional homeland uninhabitable, with saltwater conta-mination, severe storms and overall ecosystem destructionoccurring. Apart from these facts such a move is necessarysince the islands are expected to be completely submergedby the year 201512. While the Carteret Islanders are seen asthe world’s first environmental refugees Hurricane Katri-na, which hit the south-eastern coastal states of the US inAugust 2005 causing over 1,000 deaths, displaced over onemillion people, and cost an estimated US$125 billion indamage provides another example13. And as pointed outbefore Mother Nature does not discriminate, the plight ofenvironmental refugees is as much an issue for the wealth-iest country in the world as it is for those living on thetiny Carteret Islands.How can this all be dealt with? Many raise this question,and the usual answer is to rely on the UN system to combat

the problem. As UN Under-Secretary-General AnwaralKarim Chowdhury says, “I believe it is high time that theUnited Nations take the lead in addressing this matter thatthreatens to affect the lives of so many, particularly those liv-ing in the coastal areas in the least developed countries(LDCs) and small island developing states (SIDS)14.” Being theUN High Representative for LDCs, Landlocked DevelopingCountries and SIDS Chowdhury says that the UN is readyand willing to take on a bigger role in assisting environmen-tal refugees since they recognize the large scale of the prob-lem. He goes on to state “we [the UN] need to prepare aheadof time to know what kind of support they [environmentalrefugees] would need, and what could be offered 15.”

As a region the Asia-Pacific faces a great deal of changesdue to global warming. Australia’s Commonwealth Scien-tific and Industrial Research Organization (CSIRO) con-ducted a recent study which forecasted temperature

increases throughout the region of 0.5ºC to2ºC by 2030 and up to 7ºC by 2070, thislinked with the subsequent rise in sea levelsthey expect some 2.3 million environmental

refugeesin then e a rf u t u r e .Many oft h e s eenviron-m e n t a lrefugeeswill comefrom the numerous low-lying atoll countries in the Pacificsuch as Kiribati (population 94,000), the Marshall Islands(population 58,000), Tuvalu (population 9,000), and Tokelau(population 2,000) 17. The nation of Kiribati, a grouping of33 coral atolls, presents an interesting case for the entireenvironmental refugee problem since they, unlike Tokelauand Tuvalu who have negotiated rights to enter NewZealand, and the Marshallese who can settle in the US, haveno such agreement. The Kiribati people also eschew thelabel of refugee. This is due to the fact that not only doesrefugee have tied to it the implication of an eventual return(which cannot happen with a submerged nation), but italso carries with it a negative connotation of a group ofpeople that are unwanted by any state. As Kiribati PresidentAnote Tong said recently, “We like to move with dignity.We like to come to our new countries with dignity and thisis our way of doing it. We would come as skilled, profes-sional, needed people with a contribution to make18.” By


flipping the refugee label on its head, President Tong hopesthat by showing his population as a potentially usefulresource neighbouring Australia will be enticed into lettingKiribati nationals in.In order to break into so called “Fortress Australia” (labeledbecause of its harsh immigration policies) President Tongmade a tour of the country in June 2008 meeting withPrime Minister Kevin Rudd, and Climate Change MinisterPenny Wong to discuss the future fate of his nation19. AsPresident Tong stated “it’s a humbling prospect when anation has to begin talking about its own demise20”, yetthat is the reality that Kiribati faces. Tong goes on to reiter-ate the fact that “it is important that if our people were torelocate, they should do so as trained, skilled people ratherthan people coming here and adding to the problems, theirown problems and to the national problems21.” Australia,however, for the moment remains reluctant to agree to afull-fledged reassignment plan with Kiribati. What the Aus-tralian government has agreed to is aUS$150 million program to help Kiri-bati along with other Pacific islandscope with climate change. Yet, withthe prospects of islands being wipedoff the map this is not seen as a bigenough gesture. As a report titledAustralia Responds: Helping OurNeighbours Fight Climate Changestates, Australia having one of thehighest rates of greenhouse gas emis-sions per capita in the world “makes adisproportionate contribution to cli-mate change and has a moral obliga-tion to take action22.” Viewed in thislight Australia should do more tohelp its neighbours in their time ofneed. And especially as nation ofmigrants, having accepted numerouswaves of people from many differentcountries in the past, the new additions will only add toAustralia’s multicultural society.The issue of environmental refugees is one that will onlybecome more pressing as time goes on. Climate changeand global warming will displace millions of peopleworldwide and more needs to be done to ensure that suchmovements do not lead to conflict. While currentlyignored by the international legal framework, the issue ofenvironmental refugees has been noted by the UN whoseeks to do more on their part to assist such peoples. Tak-ing matters in to their own hands the nation of Kiribatiseeks to rebrand themselves, shaking off the helpless andhopeless label of refugee in favour of being seen as skilledpeoples who will benefit the country that they resettle in.Hopefully Australia will recognize this fact and the futureof the people of Kiribati will be safeguarded.

___________1 MCADAM, JANE, 24 October 2007, “Climate Change ‘Refugees’ andInternational Law,” for the NSW Bar Association, p. 2.2 Office of the High Commissioner for Human Rights. 28 July 1951.

“Convention Relating to the Status of Refugees.” Accessible on:http://www.unhchr.ch/html/menu3/b/o_c_ref.htm3 BAN KI MOON, 16 June 2007, “A Climate Culprit in Darfur,” TheWashington Post, A15.4 MCADAM, JANE, op. cit. p. 5.5 DEEN, THALIF. 2007, “U.N. Braces for New Breed of EnvironmentalRefugees,” World Institute for Asian Studies 7(1), p. 2.6 FURNASS, BRYAN, 2007. “Climate Change and EnvironmentalRefugees,” a discussion paper for Doctor for the Environment Australia,p. 2. Accessible on: http://www.dea.org.au/node/1597 Ibid. p. 3.8 DEEN, THALIF, op. cit. p. 3.9 FURNASS, BRYAN, op. cit. p. 3.10 Petition to the Inter-American Commission in Human Rights Seek-ing Relief from Violations resulting from Global Warming caused byArtic Omissions of the United States. 7 December 2005. Accessible on:http://www.earthjustice.org/library/legal_docs/petition-to-the-inter-american-comission-on-human-rights-on-behlaf-of-the-inuit-circumpo-lar-conference.pdf

11 MCADAM, JANE, op. cit. p. 3.12 Ibid.13 FURNASS, BRYAN, op. cit. p. 2.14 DEEN, THALIF, op. cit. p. 1.15 Ibid.16 BARTSCH, PHIL, 9 October 2006, “PacificExodus Likely,” featured on Climate IMCInternational. Accessible on:http://www.climateimc.org/en/announce-ments/2006/10/09/pacific-exodus-likely-aus-tralia-should-take-environmental-refugees.17 FURNASS, BRYAN, op. cit. p. 2.18 LIVE NEWS, 20 June 2008, “Rudd talks cli-mate change with Kiribati.” Accessible on:http://www.livenews.com.au/Articles/2008/06/

20/Rudd_talks_climate_change_with_Kiribati .19 Ibid.20 THE NEW ZEALAND HERALD, 6 June 2008,“Doomed Kiribati needs escape plan.” Acces-sible on:

http://www.nzherald.co.nz/section/1/story.cfm?c_id=1&objected=1051473521 Ibid.22 BARTSCH, PHIL, op. cit. ©


John Crump is the Polar Issues Co-ordinator for UNEP/GRID-Arendal(www.grida.no). His work focuses on climate change adaptation in theArctic and Small Island Developing States, as well as human security,co-management and other issues in the circumpolar region. He lives inOttawa, Canada. The opinions expressed in this article are his own.

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Our rights, our human rights that weshare with all of you – to live as we doand to enjoy our unique culture as partof the globe’s cultural heritage, are at

issue. The Arctic dimension andInuit perspectives on globalclimate change need to be

heard in the corridorsof power 1.”

I N T R O D U C T I O N

There is no equity in theeffects of climate change.The majority of historicalgreenhouse gas emissionshave come from the

developed world’s wealthiest countries.These nations have built economiesbased on access to cheap fuel and cheapcommodities, the latter often comingfrom the developing world. Theimpacts of climate change and the cur-rent petroleum focussed economicmodel are being felt the most in theregions that have traditionally produced the least green-house gases. Among these, two of the most vulnerableregions are the Arctic and Small Island Developing States2

(SIDS). Within these regions, the most affected populationstend to be Indigenous Peoples.The Intergovernmental Panel on Climate Change (IPCC) wasunequivocal in its 4th assessment report last year: unless thereare deep cuts in global greenhouse gas emissions, there willbe dramatic effects on water, ecosystems, food supplies,coastal areas and human health. The number of unpre-dictable extreme weather events will continue to increase.But the signals that something is wrong have been with usfor some time. In 1988, James Hansen, head of the God-dard Institute for Space Studies at NASA, warned about

the dangers of climate change. His research reinforcedwhat Indigenous Peoples in the Arctic and other parts ofthe world were saying – that the environment was chang-ing in an unprecedented ways; it just took the rest of the

world a while to catch up.This article explores some of the simi-larities between the Arctic and SIDS asthey confront the challenge of climatechange. The Arctic and SIDS are consid-ered barometers of global environmen-tal change and, as such, they will be crit-ical testing grounds for processes andprogrammes aimed at strengthening theadaptive capacities of human societies.Lessons learned through the ManyStrong Voices Programme will supportpolicy processes at the local, regionaland international levels, and will providedecision-makers both in the Arctic andSIDS with the knowledge to safeguardand strengthen vulnerable regionalsocial, economic and natural systems.

L I N K S B E T W E E N T H E A R C T I C A N D

S M A L L I S L A N D D E V E L O P I N G S T A T E S

At first glance, the Arctic and SIDSappear to have little in common. One iscold, the other is mostly hot. One isseen as an empty and pristine wilder-ness, untouched by human activities or,alternatively, as a storehouse for vast

mineral wealth, ripe for exploitation. The other is portrayedin vacation posters as a gentle, tropical paradise where theliving is easy, the sun always shines, and the beaches areendless.But a closer examination reveals some interesting andimportant similarities. Both regions are homelands to adiverse number of indigenous peoples who, to varyingdegrees, have been colonized over the last few centuries.People in both regions continue to rely on natural resources– animals, fish and plants – and the environment. In bothregions, traditional knowledge continues to inform deci-sion-making and many people retain a connection to theenvironment through a body of traditional knowledgedeveloped over the centuries.


3/2008oN FOCUS

M A N Y S T RO N G VO I C E S:U N I T I N G TO C O M B AT C L I M AT E C H A N G E I N T H E A RC T I C

A N D S M A L L I S L A N D D E V E LO P I N G S TAT E S

J O H N C R U M P

SPANDANEWS

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Another more unfortunate similarity is that the effects of cli-mate change are perhaps greater and more noticeable in theArctic and SIDS than in many other places around theglobe. The 2005 Arctic Climate Impact Assessment (ACIA)predicted that the Arctic will feel the effects of climatechange sooner and more severely than other regions of theearth3. It also emphasized the relationship between Arcticclimate change, Arctic biophysical processes and global cli-mate. The 2007 Report of the Intergovernmental Panel onClimate Change echoed and amplified the ACIA findings:“Arctic human communities are already adapting to climate change, butboth external and internal stressors challenge their adaptive capacities.Despite the resilience shown historically by Arctic indigenous communities,some traditional ways of life are being threatened and substantial invest-ments are needed to adapt or re-locate physical structures andcommunities4.”

The report also identified similar effects on small islands:“Small islands, whether located in the tropics or higher latitudes, havecharacteristics which make them especially vulnerable to the effects ofclimate change, sea-level rise and extreme events. Sea-level rise isexpected to exacer-bate inundation,storm surge, erosionand other coastalhazards, thus threat-ening vital infra-structure, settle-ments and facilitiesthat support thelivelihood of islandcommunities 5.”

In the SIDS, theadverse effects ofsea level rise andcontinued climatechange seriouslythreaten sustain-able develop-ment. Manysmall islands arealready con-fronting risksfrom environ-mental hazardsincluding coastal flooding, cyclones and storm surges. Andon the near horizon is the spectre of populations being forcedto abandon their homes for refuge in other countries.

I N D I G E N O U S O B S E R V A T I O N S O F C L I M A T E C H A N G E I N

T H E A R C T I C A N D S M A L L I S L A N D D E V E L O P I N G S T A T E S

While the scientific consensus on the impacts of climatechange on vulnerable 6 regions like the Arctic and SIDS hasbeen building over the last few years, people who livethere have long observed environmental changes.In the Arctic, the nature of these observations are well-illustrated by Voices from the Bay, a groundbreaking studywhich looked at Inuit and Cree experiences in the hugewatershed of Canada’s Hudson Bay and published by theCanadian Arctic Resources Committee and the Commu-nity of Sanikiluaq in 1996. It found that indigenous peo-ples had been noticing “highly variable” weather in thenorthwest corner of the bay since the 1940s.

“There used to be more clear, calm days, winters were colder, andlow temperatures persisted longer. By the early 1990s, weatherchanges were quick, unexpected, and difficult to predict. Blizzards,for example, would occur on clear days in the Chesterfield Inletarea, but on days when environmental indicators suggested a bliz-zard, it would not materialize 7.”

The dilemma of traditional knowledge failing in the light ofchanging environmental conditions was summed up by HelenAtkinson from the Cree community of Chisasibi, Québec:“We cannot make predictions anymore. We don’t know if the wateris going to freeze or not. We used to know what was going to happenat certain seasons but, with all the changes in the climate and differ-ent qualities of water, we can’t make those predictions anymore 8.”SIDS have always been vulnerable to extreme weather eventsand other environmental disasters and there is increasingrecognition of the threat posed by climate change9. LikeArctic residents, people in the South Pacific know that cli-mate change is not a future event but a present reality. “The effect of global warming is now being felt in every aspect of thelives of people who live in the Pacific. Reliable statistics now show

that the westernPacific is becomingprogressively drierwhile the easternPacific is becomingprogressively wetter.Where once wecould expect steadyrainfall throughoutthe year, we nowreceive most of ourrainfall in a shortperiod often result-ing in floods. Thesefloods, followed bydroughts, ruin ourfood supplies andhurricanes leave uswithout crops forup to three months.They also cause sed-imentation in ourlagoons 10.”

Ben Namakin isin his mid-20s

and works for the Conservation Society of Pohnpei in theFederated States of Micronesia. He observes: “During my childhood days in Kiribati, we never experienced severe seaflooding. There were storms, but they weren’t that bad. As the sea levelscontinue to rise in Kiribati, several king tides hit the island. Saltwaterintrusion affects the quality of water in wells, floods taro patches, gardens,and puts stress on plants/trees which are very important to the life and cul-ture of an I-Kiribati. […] Serious storm surges cause coastal erosion, floodsgrave yards, and in 2006, led to the collapse of the beautiful Dai Nipponcauseway. This incident bore huge costs on the people of Kiribati. Theyhad to build new homes with their own finance, and dig up theirdeceased relatives from their graves and bury them further inland 11.”

This kind of local knowledge and observation is impor-tant to developing a complete picture of what is happen-ing in vulnerable regions. The ACIA report, sponsored bythe Arctic Council, recognized this and was a landmarkstudy in two significant ways: first, it brought together thelatest scientific research and analysis and looked at theimplications of climate change on a single region of the


Earth. Second, it incorporated the observations and tradi-tional knowledge of the Arctic’s indigenous peoples. Indigenous peoples’ observations were systematically inte-grated into the ACIA, making it the first such study to recog-nize the value of indigenous knowledge. The report’s authorsensured that local voices were heard and local informationwas incorporated in the final results. From northern Russiato Alaska to the Canadian Arctic, Greenland and Sapmi,where the indigenous Saami have traditionally herded rein-deer throughout the northern parts of Norway, Sweden, Fin-land and the Kola Peninsula in Russia, people were reportingchanges that were affecting the very structure of their livesand threatening their economic and cultural survival.

M A N Y S T R O N G V O I C E S – T H E A R C T I C A N D S M A L L I S L A N D

D E V E L O P M E N T S T A T E S W O R K I N G T O G E T H E R

There are voices always heard,and voices seldom heard, in thediscussions about climate change.People in vulnerable regions areusually among the latter. “Giventhe similar levels of impact, peo-ples of the Arctic are workingtogether with people in the smallislands of the South Pacific,Caribbean and elsewhere tocooperate on ensuring that themoral imperative of taking actionon climate change is heard12.”In 2004, discussions between anumber of groups, includingrepresentatives of the Inuit Cir-cumpolar Conference, SIDS andUNEP/GRID-Arendal began onthe need for a joint effort toraise awareness about theeffects of climate change in theworld’s most vulnerableregions. Although small innumber, the people of the Arc-tic and SIDS had participatedvigorously in a number ofinternational negotiatingprocesses, including the UnitedNations Framework Conven-tion on Climate Change(UNFCCC).In August 2005, Premier Hans Enoksen of Greenlandurged Environment Ministers from twenty-five countriesmeeting in Ilulissat to “bring vulnerable regions of theglobe together so that we may learn from each other andwork with each other internationally”13. Premier Enoksenwent on to say that “the Arctic, the Small Island Develop-ing States, low lying states, and sub-Sahara states in Africaneed to help each other”14.These discussions and concerns led to the development ofthe Many Strong Voices (MSV) programme15. With seedmoney from the Government of Canada and supportfrom the government of Norway, the Walter and DuncanGordon Foundation in Canada, the UN Foundation, theUS National Science Foundation, and The Christensen

Fund, the MSV programme focuses on the similar con-cerns and needs of the Arctic and SIDS.Many Strong Voices is a consortium of indigenous peo-ples’ organizations, researchers, policy-makers and com-munity organizations16. Over the next five years it will:44 Carry out comparative climate change vulnerabilityand adaptation research in the SIDS; 44 Exchange knowledge to help develop regionally-appro-priate climate change adaptation strategies;44 Produce communications, outreach and educationtools that will raise the profile of the regions, highlightconcerns and enable communities to outline their ownsolutions; and44 Combine regional research, the design of adaptationstrategies, and communications efforts to increase the visi-

bility of these regions, enhancetheir influence over global dia-logues on reducing greenhousegas emissions, and facilitate thearticulation of their adaptationneeds.An important, though not theonly, focus of attention is onnegotiations leading to a post-2012 climate change accord toreplace the Kyoto Protocol.Participants in MSV are workingtogether to ensure that theirvoices are heard in discussionson emissions reduction andadaptation in the process out-lined in the Bali Action Plan17,which was negotiated at theDecember 2007 UNFCCC Con-ference of the Parties.The Bali Action Plan calls for“long-term cooperative action,now, up to and beyond 2012” inorder to reduce greenhouse gasemissions and assist the mostvulnerable regions to adapt toclimate change effects alreadybeing felt. For the participantsin the MSV Programme, the wayahead calls for concrete actionswhich, in turn, are grounded in

the latest scientific research. At the global level, MSV partici-pants are calling on the developed nations to: 44 Reach a global agreement that keeps temperatureincreases as far below two degrees Celsius as possible byensuring large cuts in greenhouse gas emissions.44 Learn from the experiences of indigenous peoples andislanders with regard to adaptation and assist these commu-nities to build upon their traditional knowledge in this area.44 Appreciate that there are limitations to their capacityto adapt in the context of runaway climate change. Theworld’s richest countries must help the vulnerable to adaptto climate change by providing adequate financial andtechnical assistance. For the SIDS and other particularlyvulnerable developing countries, this means living up to


existing adaptation funding commitments. Arctic peoplesneed a commitment from their own countries to fundlocal adaptation efforts in their regions.Despite the imminent threat that climate change poses tocommunities in the Arctic and SIDS, the voices of people liv-ing in these two vulnerable regions are often marginalised oroverlooked. MSV supports the efforts of people in theseregions to make sure their voices are heard in internationalnegotiating processes, and to have access to fora for exchang-ing the latest information on climate change adaptation. Thisincludes combining scientific and traditional knowledge toensure that those most in need of help for climate change canbe certain of acting on the best information available.

C O N C L U S I O N

MSV participants from the Arctic and SIDS concur withthe conclusion of the 2006 Stern Review, which said: “Aneffective response to climate change will depend on creat-ing the conditions for international collective action18.”Action is needed on a number of fronts. For vulnerableregions and peoples, it means lobbying at the UNFCCCnegotiations, focussing on the equity and human rightsimplications of climate change, and grounding theirinformed arguments in the latest research. It means push-ing for a post-Kyoto agreement that recognizes the specialcircumstances and needs of the people in the Arctic andSIDS. The ACIA referred to the people of the Arctic but thewords can be applied to all vulnerable regions. For people“whose future is at stake, having the ability to makechoices and changes is a matter of survival, to which allavailable resources must be applied”19.United Nations Secretary General Ban Ki-moon hascalled climate change “the moral challenge of our genera-tion”. At the plenary session of the Bali conference, Bantold assembled delegates that “the situation is so desper-ately serious that any delay could push us past the tippingpoint, beyond which the ecological, financial, and humancosts would increase dramatically”20.Unless the world embraces this moral challenge, the burdenof climate change will fall on the most vulnerable regions:areas like the Arctic and SIDS. The call for moral clarityechoes what people in some of the world’s most vulnerableregions have been saying for some time, that there needs tobe a recognition that the impacts of climate change are beingfelt by parts of the world that currently lack the resources tocope with the rapid change they are experiencing. The evi-dence is clear; it is now time to make the right choices.

___________1 PATRICIA COCHRAN, Keynote Address at the Many Strong VoicesStakeholders Workshop (May 28, 2007).2 According to the United Nations Department of Economic and SocialAffairs, small island/developing states (SIDS) are low-lying coastal coun-tries that share similar sustainable development challenges, includingsmall population, limited resources, remoteness, susceptibility to naturaldisasters, vulnerability to external shocks, and excessive dependence oninternational trade. Their growth and development is also held back byhigh transportation and communication costs, disproportionately expen-sive public administration and infrastructure due to their small size, and

little to no opportunity to create economies of scale. Currently, fifty-onesmall island/developing states and territories are included in the list usedby the United Nations Department of Economic and Social Affairs inmonitoring the sustainable development of SIDS. A list of SIDS is avail-able at http://www.un.org/special-rep/ohrlls/sid/list.htm3 ACIA (2004), Impacts of a Warming Arctic: Arctic Climate Impact Assess-ment 24-31 (Cambridge Univ. Press 2004).4 Intergovernmental Panel on Climate Change, Contribution of WorkingGroup II to the Fourth Assessment Report of the Intergovernmental Panel onClimate change: Summary for Policymakers 15 (2007), available athttp://www.gtp89.dial.pipex.com/spm.pdf (last visited Apr. 8, 2008)[hereinafter WORKING GROUP II]. 5 WORKING GROUP II, id. 6 Vulnerability is determined by the level of exposure to a risk, how sen-sitive the region is to it, and what capacity is available to adapt. 7 Voices from the Bay: Traditional Ecological Knowledge of the Inuit andCree in the Hudson Bay Bioregion 29 (Canadian Arctic Resources Com-mittee 1997) [hereinafter Voices from the Bay].8 Voices from the Bay, id. at 28-29.9 See UNEP, Programme of Action for the Sustainable Development ofSmall Island Developing States, A/CONF.167/9, part I, Annex I (1994),available at:http://islands.unep.ch/dsidspoa.htm#I.%20CLIMATE%20CHANGE%20

AND%20SEALEVEL (last visited Apr. 1, 2008).10 IMOGEN P. INGRAM, Pacific islands already affected by climate change(Nov. 2004), available at http://www.unesco.org/csi/smis/siv/inter-reg/climate.htm (last visited Apr. 1, 2008).11 BEN NAMAKIN, Climate Witness: Ben Namakin, Kiribati and Micronesia(May 7, 2007), available at:http://www.panda.org/about_wwf/where_we_work/oceania/index.cfm?uNewsID=100800 (last visited Apr. 17, 2008). 12 PATRICIA COCHRAN & TAITO NAKALEVU, Stopping the Slow Wave ofDestruction (Dec. 6, 2007), (last visited Apr. 20, 2008). 13 HANS ENOKSEN, Premier of Greenland, Opening speech to The Green-land Dialogue (Aug. 16, 2005), available at http://www.nanoq.gl/Eng-lish/Nyheder/Opening_speech_by_Premier_ Hans.aspx (last visited Apr.16, 2008).14 ——, id.15 See also Many Strong Voices website, http://www.manystrongvoices.org(last visited Apr. 16, 2008). 16 Some partners include the Arctic Athabaskan Council, Inuit Circum-polar Council, Caribbean Community Climate Change Centre, Centerfor International Climate and Environment Research – Oslo (CICERO),New Zealand Tourism Research Institute, Pacific Regional EnvironmentProgramme (SPREP), UNEP/GRID-Arendal, International Institute forEnvironment and Development (IIED), Climate Law and Policy Project(US), Conservation Society of Ponipeh, Federated States of Micronesia,WWF South Pacific Programme, Organization of American StatesDepartment of Sustainable Development, Overseas Countries and Terri-tories of the European Union (OCTA).17 (Accessed 27 May 2008)18 STERN REVIEW on The Economics of Climate Change, at xxii, (HMTreasury 2007), available at:http://www.hm-treasury.gov.uk/media/4/3/Executive_Summary.pdf (lastvisited Apr. 1, 2008).19 ACIA, supra note 4, at 95.20 Speigel Online International, Ban Ki-Moon Warns of Climate Change‘Oblivion’ (Dec. 12, 2007), available at http://www.spiegel.de/internation-al/world/0,1518,522929,00.html (last visited Apr. 1, 2008). ©


LI M A T E C H A N G E A N D I T S N E G A T I V E I M P A C T O N

many of the world’s numerous ecosystems isan unfortunate reality facing our planettoday. Indigenous peoples in particular arethe most vulnerable to the harsh develop-

ments of climate change due to thefact that they are already marginalizedin their societies, lacking the resourcesneeded to effectively cope with themany obstacles to their continued sur-vival. Recognizing this fact the UnitedNations Permanent Forum on Indige-nous Issues (UNPFII) seventh session’s2

final report highlighted the necessityfor the need to combine the currentand historical knowledge of indige-nous peoples with the scientific analy-sis of climate change in order to createeffective adaptation strategies 3.What however is meant by adaptation?According to the UN Framework Con-vention on Climate Change (UNFCC)adaptation options are those that“allow or encourage human and eco-logical systems to adjust or adapt tonew global climatic conditions orevents, to offset negative impacts andto take advantage of positive impactsthat could result from global climatechange4.” In simpler terms adaptationis a coping mechanism, a way for pop-ulations to come to terms with an ever-changing planet so that they can con-tinue to live. Tied to the notion ofadaptation is the concept of resilience,which “refers to the capacity to recoverafter disturbance, absorb stress, inter-nalize it, and transcend it5.” There is noescape from it, the world’s indigenous people’s must remainresilient to climate change and adapt to its many changes. Australia’s Aboriginals are one such group of indigenouspeoples that has a great deal to overcome. One needs onlyto take a brief overview of Australia’s environmental prob-lems to see that what the Aboriginal community faces isquite severe. Firstly, although Australia is already an arid con-tinent it is expected to get even hotter with the average tem-peratures likely to increase by 1.3˚C by 2010 and by a swelter-

ing 6.7?˚C by 2080 according to the UN IntergovernmentalPanel on Climate Change (IPCC)6. In recent years the entirecountry has experienced reduced rainfall leading to severedrops in reservoir levels and the shrinking of the Murrayand Darling rivers7. Understandably this development has

had a negative impact on agriculturewith farmers experiencing reduced cropyields and rising irrigation expenses8.The reduced rainfall has also led to adecrease in the overall animal and plantdiversity on the continent9, a sad devel-opment considering the many uniquespecies that call Australia home. Cli-mate change also spells disaster formany of Australia’s national treasuressuch as the Great Barrier Reef, theupland rain forests, and the alpine snowcountry

10. The threat posed to these

ecosystems is tremendous and thetourism dollars tied to such attractions,which is the welfare for many Aus-tralians, is in peril. Increases in the fre-quency and the intensity of storms andcyclones as well as rising sea levels serveto endanger the lives and well being ofmany of Northern Australia’s islandinhabitants11. It is clear to see that thereare many problems presently facing cli-mate change in Australia, and morespecifically its indigenous peoples, yetwhat can be done to combat these cli-mate change problems?Perhaps the secret weapon in the fightagainst climate change is the concept ofeffective adaptation. As Claude Lévi-Strauss said, “the physical world is[often] approached from opposite ends

[…] one is supremely concrete, the other supremelyabstract 12.” The concrete approach that Lévi-Strauss is refer-ring to would be the scientific and analytical method, whichis the dominant approach in understanding climate changetoday. While grounded in empirical facts and figures, thissingular approach will not effectively combat all of climatechange’s problems. In order to do this a more holisticapproach needs to be undertaken, one that involves theabstract approaches that Lévi-Strauss alluded to. Traditionalecological knowledge, “a cumulative body of knowledge,


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practice and belief, evolving by adaptive processes and hand-ed down through generations by cultural transmission,about the relationship of living beings (including humans)with one another and with their environment13,” is one ofthese abstract approaches. It is only by combining tradition-al indigenous knowledge with modern scientific technology,as the 2008 report of the UNPFII stated, the problems thatindigenous people face because of climate change can besolved. As expressed by anthropologist Alexander Alland Jr.organic systems have two forms of adaptation14. The first,internal adaptation, stresses the entire system as a singularunit, with all of the component parts of the sys-tem working together as one striving for homo-geneity. The second form is external adaptation.This last form focuses on the fit of the systemin to the greater global context and stresses vari-ation. It recognizes that many different tacticsneed to be employed in order to combat cli-mate change. This lends further support to thetwo-pronged approach to addressing climatechange, the so-called effective adaptation appa-ratus that involves indigenous and scientificknowledge bases.Examples of effective

adaptive policieswould be when con-cerned parties con-struct policies that are locally crafted and continuouslysocially reinforced by those who will use and implement thepolicies; or when locals use policies that come out of a tradi-tional ecological knowledge base helping them to respondpositively to any environmental feedback15. It is when themarriage is made between the indigenous and the scientificthat lasting, positive and beneficial policies will be created.Linked to the process of effective adaptation is the need forpsychological balance. The field of environmental sociologyrecognizes the fact that “physical environments can influ-ence (and in turn be influenced by) human societies andbehavior

16.” The relationship between the land and the peo-

ple is a symbiotic one, with each impacting the other mutu-ally shaping the development of both. When indigenoussocieties feel threatened by environmental changes they canat times adopt defensive structuring in order to protectthemselves and their beliefs17. One step of defensive struc-turing is the subordination of the individual to the group.In times of hardship it is far easier to have authoritariancontrol over members to make sure that all group members

subscribe to certain policies that will preserve their environ-ment. Any behavior that is potentially destructive to thegroup has to be approved by the group’s decision makersbefore it is undertaken. Due to the special knowledge that isascribed to those that hold positions of power in the grouptheir decisions are seen as final. Another step is to increasethe importance placed on symbols and group identitybecause it is hoped that by doing this a stronger group con-sciousness will emerge that will be able to surmount anyobstacles that are put in its way. For indigenous people inparticular there is a close linkage to their environs since many

of their cultural practices and religious practicesare rooted to aspects of their immediate sur-roundings. Thus stressing certain rituals has atwofold purpose, attempting to rectify environ-mental changes and brining the group together. The Torres Strait Islands, in Northern Australia,present a wonderful opportunity to showcasehow effective adaptation methods can work inpractice. As a region, Northern Australia’s100,000 aboriginals face a great deal of climatechange related problems18. Many of them are

health issues such asthe rise in cases of

malaria, dengue andheat stress. Popula-

tions also face severe loss of food sources due to flash floods,spells of drought, as well as more intense incidents of brushfires. The Torres Strait Islands, a grouping of over 270 islandsdotted across 22,000 square kilometers between Australia andPapua New Guinea are home to some 8,000 inhabitants19.The majority of the Torres Strait islanders live only metresaway from the beach, sometimes less than one metre abovesea level. This means that the expected rise in sea levels ofbetween 1-2 metres would be disastrous, wiping out dozens ofpopulated homelands and islands 20. As a York Island, one ofthe Torres Strait Islands, Chairman Mr. Donald Mosby saidin response to climate change skeptics, “You don’t have to bea scientist, not when you see metres of beach disappearingevery week 21.” Over the next fifty-year period the rising sealevels would also flood over four million hectares of costalfreshwater wetlands ruining the livelihoods of the barramun-di fishers and the communities they support 22.If things are as bad as they appear what is being done? Asone Australian climate expert said, “Indigenous people don’tsee the land as distinct from themselves in the same way as


maybe society in the south-east (of Australia) would. If theyfeel that the ecosystem has changed it’s a mental anxiety tothem. They feel they’ve lost control of their “county” –they’re responsible for looking after it 23.” Thus the NorthAustralian Indigenous Land and Sea Management Alliance(NAILSMA) was created out of a need “to integrate indige-nous considerations into actions about the management ofAboriginal owned landsand waters within theinstitutional and politi-cal framework of theAustralian nationstate24.” NAILSMA access-es resources that matchthe practical needs ofthe region to ensurethat the management ofland and seascapes byAboriginal people in thenorth are carried out inpartnership with rele-vant businesses, institu-tions, and supporters.This reliance on a vari-ety of parties compli-ments Alland’s externaladaptation model’smulti-tactic approach toclimate change. Andlike the UNPFII’s find-ings, NAILSMA’s philos-ophy is to “sustain thecapacity of indigenouspeople in the north tolive on and remain intheir traditional estatesusing the intellectualknowledge of traditionand that of the modernand innovative researchand technology 25.”NAILSMA seeks to createa balance between oldand new knowledge to ensure the survival of the Torresislanders and other Northern Australian Aboriginal groups.One of their most successful programmes is the Dugong andMarine Turtle Management Project (DMTP), which focuseson the cultural management of turtles and dugongs byrecording catch sizes, monitoring nesting sites, as well as pro-viding training and education to the local population on themanagement of these and other ocean resources26. TheDMTP is revolutionary for the county since the basis of theproject’s goals and aspirations come directly from the tradi-tional owners of the resources, the aboriginal people. So far ithas been extremely successful in raising awareness for theplight of the animals by having outreach groups, includingcommunity elders, visiting local schools to educate the nextgeneration on better resource management. Another pro-gram that falls under the NAILSMA umbrella would be theIndigenous Water Policy Group (IWPG), which was createdto represent indigenous rights, responsibilities and interests

in water across Northern Australia 27. By having this groupliaise with the Australian government it is hoped that anywater polices that are made for the region would be success-ful since all concerned stakeholders would have a directinterest in policy formation. Yet another program is found inthe Arnhem region of Northern Australia, the Arnhem LandFire Abatement Program (AFLA)28, that seeks to understand

the indigenous knowl-edge of land manage-ment such as the light-ing of small or patchy“cool” fires, which leadto far less damage tounburnt vegetationwhen the seasonal wild-fires come around. It ishoped that by masteringthis technique newstrategies will be devel-oped that could reign inthe trouble wreaked bydestructive bushfiresthat blaze across the restof the country. Showingjust how much modernscience has to learnfrom traditional envi-ronmental managementstrategies.The psychological impactof climate change onthe Torres islands peo-ples cannot be underes-timated as well. Thethreat posed to numer-ous graveyards, monu-ments, and sacred sitesby storm surges is real,and if destroyed wouldseverely crush the spiritof the islanders. Aspointed out before, thelink that the aboriginals

feel by living ‘on country’ makes them have a heightenedsensitivity to environmental change due to the impacts theyexperience on their mental and physical wellbeing becauseof the disturbance of their cultural practices29. Once suchpractice that faces change is Ailan Kastom, a unique TorresStrait culture that combines traditional island beliefs withChristianity. Ailan Kastom dictates how the islanders man-age the land and sea by governing how and who harvestsnatural resources, as well as placing seasonal and age restric-tions on the hunting of certain species30. Of particular con-cern to Ailan Kastom is the continued care of the dugongand turtle populations since the two animals appear fre-quently as totemic animals, in folk stories, and in numeroussongs. The creation of a Torres Strait Ranger Force31 linkedwith the DMTP has ensured the continued safety of the pre-carious turtle and dugong populations; not only safeguard-ing the species but also protecting the belief system of theisland’s aboriginal peoples.


Q U I C K F A C T SI N D I G E N O U S P E O P L E S A N D C L I M A T E C H A N G E

Indigenous Peoples have a critical role in the global efforts for climatechange, they44 Are custodians of natural resources critical for carbon sequestration44 Are repositories of traditional knowledge on climate change adaptation44 Have a proven capacity to adapt to local climate changes44 Number approximately 300 million people (5% of the World’spopulation)44 Customarily own, occupy or use 22% of the World’s land surface (WRI)44 Presently manage 11% of the World’s forest lands (FPW)44 Maintain within their lands and territories 80% of the Planet’sBiodiversity (WRI)44 Are located in or adjacent to 85% of the World’s Protected Areas (IUCN).

Indigenous peoples44 Have contributed the least to global warming by traditionallyleading a “low carbon” way of life44 Historically and currently, play a fundamental role in the protec-tion of forests and conservation of biological diversity44 Have a customary set of institutions, rules and practices for theuse of land and natural resources in a sustainable manner44 Have cultural as well as political mechanisms to restore sustainableuse of land and natural resources when practices are unsustainable44 Are among the poorest people globally44 Are heavily dependent on lands and resources for basic needs andlivelihoods: food, fuel, shelter, clothing, medicine, etc.44 Live in ecosystems particularly prone to the affects of climatechange: polar regions, humid tropics, high mountains, small islands,costal regions, and semi-arid deserts44 Are becoming the first wave of “climate change” or “environmental”refugees.

In order to prepare the world’s indigenous people’s to adapt toclimate change a great deal needs to be done. Yet, what shouldbe kept in mind is that any programmes or projects createdmust be a partnership between priceless traditional knowledgeand modern scientific advances. It is only with a balance ofthese two parts that adaptation policies will be effective. AsStephanie Long, a spokesperson for Friends of the EarthInternational said,“Adaptation should bepro-poor, and protectecosystems, livelihoods,and human security.C o m m u n i t y - b a s e dadaptation provides thebest opportunity toensure that adaptationprojects are culturally,technically and sociallyappropriate32.” NAILSMAand its many initiativeshighlights this statementbeautifully, by seeking toharmonize the indige-nous with the scientificto create truly beneficialand equal partnershipsthat aim to ease thetransition of Australia’sNorthern aboriginalpeople’s into the realityof a climate changedworld. Hopefully otherindigenous communitiesaround the world canreplicate the lessonslearned in Australia sothat they too can prop-erly adapt to climatechange while maintain-ing as much of their tra-ditional ways of life aspossible.

_________________

1 United Nations Secretary General Ban Ki-moon, 24 September 2007.2 The UNPFII was held between April 21st and May 2nd 2008, with thetheme of “Climate Change, Bio-Cultural Diversity and Livelihoods: TheStewardship Role of Indigenous Peoples and New Challenges.”3 UNPFII, 2 May 2008, “UNPFII: Report on the Seventh Session,” inEconomic and Social Council Supplement no. 23. Accessible at:http://www.un.org/esa/socdev/unpfii/documents/unpfii_7session_report_advance.pdf .4 BRAAF, R., HOWE, W., and R. TAPLIN, 1995, “Climate Change: Inte-grated Assessment Process,” in Climate Impacts Assessment: Developmentand Application of Climate Change (Melbourne: Climate Impact Group,Division of Atmospheric Research, CSIRO).5 BERKES, F. COLDING, J. and C. FOLKE, 2000, “Rediscovery of Tradi-tional Knowledge as Adaptive Management,” in Ecological Applications,10(5), p. 1252.6 Relative to 1990 temperatures; refers to areas 800 km from the coast; cen-tral Australian increases are expected to be greater. (IPCC. 2007. Climate

Change 2007: Impacts, Adaptation and Vulnerability. Contribution of Work-ing Group II to the Fourth Assessment Report of the Intergovernmental Panel onClimate Change. p. 515. Accessible at: http://www.ipcc-wg2.org.7 Friends of the Earth International. November, 2007. “ClimateChange: Voices From Communities Affected by Climate Change,” p. 5.Accessible at: http://www.foeorg.au/resources/publications/climatjus-tice/climat-testimonies.pdf .8 Ibid. p. 6.

9 Ibid. p. 4.1 0 Ibid. p. 7.1 1 Ibid. p. 6.1 2 BERKES et. al., Rediscovery ofTraditional Knowledge as Adap-tive Management, p. 1251.1 3 Ibid., p. 1252.1 4 ALEXANDER ALLAND JR.,1975, “Adaptation,” in AnnualReview of Anthropology, 4(1),p. 69.1 5 BERKEs et. al., op.cit., p.1259.1 6 DUNLAP, RILEY E. andWILLIAM R. CATTON, Jr.,1979, “Environmental Soci-ology” in Annual Review ofSociology 5(1), p. 244.1 7 SIEGEL, BERNARD, 1970,“Defensive Structuring andEnvironmental Stress” in TheAmerican Journal of Sociology,76(1), p. 11.18 BEEBY, ROSSLYN, 26November 2007, “Australia’snorthern Aboriginal commu-nities will bear the brunt ofclimate change, with increasesin water-bourne diseases andloss of tradition food sources,and international report says”in The Canberra Times. p. 1.19 Friends of the Earth Inter-national. op. cit. p. 6.20 BEEBY, ROSSLYN, op. cit. p. 2.21 Friends of the Earth Inter-national, op. cit. p. 6.22 BEEBY, ROSSLYN, op. cit. p. 2.23 Friends of the Earth Inter-

national, op. cit. p. 6.24 NAILSMA, 19 April 2008, “NAILSMA Discussion Paper 2020 Summit,” p. 4.Accessible at: http://www.nailsma.org.au/nailsma/downloads/nails-ma_2020_0408.pdf .25 Ibid.26 NAILSMA, 2007, “Dugong and Marine Turtle Management ProjectOverview and Update” in Kantri-Laif, p. 6. Accessible at: http://www.nailsma.org.au/nailsma/downloadsIKantri-Latif-issue-3.pdf .27 Ibid. p. 12.28 Ibid. p. 22.29 GREEN, DONNA, 2006, “Climate Change and Health: Impacts on RemoteIndigenous Communities in Northern Australia” in Climate Change Impactsand Risk, CSIRO Marine and Atmospheric Research Paper 012 (Melbourne:Climate Impact Group, Division of Atmospheric Research, CSIRO).30 GREEN, DONNA, 2006, “How Might Climate Change Affect IslandCulture in the in the Torres Strait?” in Climate Change Impacts and Risk,CSIRO Marine and Atmospheric Research Paper 011 (Melbourne: Cli-mate Impact Group, Division of Atmospheric Research, CSIRO).31 NAILSMA, 2007, op. cit. p. 30.32 BEEBY, ROSSLYN, op. cit. p. 3. ©


S E L E C T I O N S F RO M T H E

Declaration of Indigenous Peopleson Climate Change

T H E H AG U E, N OV E M B E R 11-12, 2000

1 ~ Earth is our Mother. Our special relationship with Earth asstewards, as holders of indigenous knowledge cannot be set aside.Our special relation with her has allowed us to develop for millenniaa particular knowledge of the environment that is the foundation ofour lifestyles, institutions, spirituality and worldview. Therefore, inour philosophies, the Earth is not a commodity, but a sacred spacethat the Creator has entrusted to us to care for her, this home whereall beings live.2 ~ Our traditional knowledge on sustainable use, conservation andprotection of our territories has allowed us to maintain our ecosys-tems in equilibrium. This role has been recognized at the EarthSummit and is and has been our contribution to the planet’s econo-my and sustainability for the benefit of future generations.3 ~ Our cultures, and the territories under our stewardship, are nowthe last ecological mechanism remaining in the struggle against cli-mate devastation. All Peoples of the Earth truly owe a debt toIndigenous Peoples for the beneficial role our tradition subsistenceeconomies play in the maintenance of the planet’s ecology.4 ~ Climate change is a reality and is affecting hundreds of millionsof our peoples and our territories, resulting in famine, extremepoverty, disease, loss of basic resources in our traditional habitatsand provoking involuntary displacement of our people as environ-mental refugees.~ Concepts, practices, and measures such a planta-tions, carbon sinks and tradable emissions, will result in projectswhich adversely impact upon our natural, sensitive, and fragileecosystems, contaminating out soils, forests and waters. In the past,even well intentioned development policies and projects have result-ed in disastrous social and ecological consequences. We cannotaccept any concepts, projects or programmes that ravage our territo-ries or deny, limit, or restrict our fundamental rights and freedoms.

RIBAL PEOPLES ARE TOO OFTEN LINKED WITH THE WORD

‘alienation’. Frequently these groups arealienated from their land, their resources,their homes, access to knowledge, and over-all, deprived of their freedom to basic equaland civil rights. Focusing

on the Baluchi tribe, it is evident thatthe linguistically and culturally unitedpeoples, which are geographically splitinto three countries – Pakistan, Iran,and Afghanistan – continuously facealienation from the central govern-ments of the country they reside in.For example, in Iranian Baluchistan,the Baluchis are a religious minoritybeing Sunni Muslims in a Shia Muslimcountry where additionally their cul-tural, social, economic, and politicalrights are denied 1. In PakistaniBaluchistan, the history of strugglebetween the central government andthe Baluchi tribe dates back to 1948,one year after the Baluchi tribe official-ly became part of Pakistan when theBritish Raj annexed their land. Whenfocusing on the history of struggle andalienation of the majority of Baluchisthat reside in Pakistan, it is clear as towhy the Baluchi region remains one ofthe poorest areas of the world.The Baluchi tribe dates back to the time shortly beforeChrist, migrating northward from Aleppo into what is nowSyria2. They eventually moved through Iran and are nowsettled in a large region covering 44 percent of Pakistan witha population of about 4.4 million, a population of 1 millionin Southeastern Iran, and a very small population coveringthe southern strip of Afghanistan3. The Baluchi tribedepends heavily on agriculture, with about 77 percent of thepopulation living in rural areas4. Ironically, as the Baluchiwere in search of fresh lands and water sources, they nowreside in an arid to semi-arid climate, with low rainfall, drywinds, cold winters, and hot summers5. Baluchistan while lying on the outskirts of the monsoonzone is affected by the currently erratic nature of mon-soon rains and therefore cannot solely depend on themfor farming needs6. Baluchis depend heavily on naturalwater sources such as springs, streams, and rivers with irri-gation being essential to farming, yet in most of theprovince water resources are limited and uncertain7. To

make matters worse, due to groundwater mining, a lackof an integrated approach by the Pakistani government,the drilling of tube wells, and the overall lack of rainfall,the Baluchis are in desperate for safe drinking water8.Before cyclone Yemyin and the subsequent floods that

occurred in June of 2007, Baluchistanwitnessed an 11-year drought causingcrop failure, loss of livestock, and arapid deterioration of health and sani-tary conditions 9.Focusing on the district of Chagai,one of the most affected areas of thedrought, it is important to note thatdue to the lack of precipitation and itsdry climate, “famine conditions havecaused the deaths of about seven mil-lion head of livestock and affected 1.3million people” 10. Overall, as Chagai,and most of Baluchistan witness, thescarcity of water they are constantlyconfronted with the inability to sur-vive on their own land11. Consequent-ly, they are forced to migrate to urbanareas, where they face further discrimi-nation by the Punjab majority 12. Unfor-tunately, this forced migration onlythreatens the traditions and unity ofthe Baluchi people.Historically, the only measure taken by

the Pakistani government to help the Baluchi with their short-age of water was on March 22, 1978 when the BaluchistanGround Water Rights Administration Ordinance was createdin order to manage and regulate the use of groundwater13.However, this measure failed due to “political interference,the tribal system and a failure of government agencies toenforce the measures”14. The Pakistani central governmenthas proven itself to been a detriment to the Baluchi watercrisis. In May of 1998 Pakistan carried out a series of nucleartests in the eastern Chagai district of Baluchistan15. Notonly has this caused high degrees of radiation, leading todiseases such as leukemia and tuberculosis, but also worsen-ing the already severe shortage of drinkable water. There-fore, Baluchis are now dealing with a lack of uncontaminatednatural water since the water sources have been overexploit-ed and polluted.Currently, the Baluchis are still faced with the shortage ofwater, a search for a new home, and many other basic sur-vival needs. As Cyclone Yemyin was a huge disaster, it final-ly brought about international attention to the plight of the


“ Human life islimited, butknowledge islimitless. To

drive the limitedin pursuit of thelimitless is fatal;and to presumethat one reallyknows is fatal

indeed! ”CC HH UU AA NN GG -- TT ZZ UU

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L A N D A L I E N A T I O NT H E S T R A U G G L E O F T H E B A L U C H I P E O P L E

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Baluchis. When Cyclone Yemyin hit in 2007 1.5 million peo-ple were affected, with 250,000 people made homeless and afurther 300,000 displaced16. As a result, organizations such asConcern-US, UNICEF, Red Cross, the World Health Orga-nization and many other NGO’s have been active over thepast year in Baluchistan to aid them in their plight. As theeffects of climate change intensify, so do the extremes of themonsoon cycle, making the Baluchi people in greater needof relief. The vast land of Baluchistan is home to a cultural-ly rich tribal people making it crucial that organizationsand governments unite in order to help the endangeredBaluchi population and environment. ©

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1 MEGALOMMATIS, MUHAMMAD SHAMSADDIN, 13 June 2008, “LiberateBaluchistan” in American Chronicle. Accessible at: www.americanchroni-cle.com/articles/64973 .2 HARRISON, SELIG S., 1981, “Baluchi Nationalism and SuperpowerRivalry,” International Security, 5(3), p. 152 -163.3 NICOLINI, BEATRICE, 2007, “The Baluchi Role in the Persian Gulf dur-ing the Nineteenth and Twentieth Centuries,” Comparative Studies ofSouth Asia, Africa and the Middle East, 27(2), p. 384-396.4 FAO, 11 July 2001, “Special Report FAO/WFP Crop and Food SupplyAssessment Mission to Pakistan.” Accessible at:www.fao.org/docrep/004/y1260e/y1260e00.htm 5 Ibid.6 Ibid.7 Ibid.8 Ibid.9 UN, 3 June 2002, “Drought? Pakistan” in Resident Coordinator of theUnited Nations System’s Operational Activities for Development in Pakistan,Update no. 14. Accessible at: www.un.org.pk/drought/rcreport14.htm 10 FAO, op. cit.11 UN, op. cit.12 Ibid.13 FAO, op. cit.14 Ibid.

15 CONTENTA, SANDRA, 5May 2006, “Pakistan’sDirty Nuclear Secret.”Accessible at:http://www.balochwar-na.com/modules/arti-cles/article.php?id=11116 International Federa-tion of the Red Cross. 25March 2008. “Pakistan:Cyclone Yemyin/Floods,”Accessible at:www.ifrc.org/docs/appeals-008/mdrpk001intfinal.pdf .


S PA N D A

S P A N D A ’ S N E W B O A R D M E M B E R

W E ARE MOST HONOURED AND DELIGHTED TO WELCOME

Ms Simona Sapienza on the Board of theTrustees in her function as Secretary of theSpanda Foundation.

Simona Sapienza was born on January 19, 1973 in Rome, Italy.She was educated at the Sawyer Business School (Pittsburgh, US,1991) and at the University of Rome «La Sapienza» where shereceived her MA in Law (1996). In 2000 she was called to the Bar(Rome, Italy). In 2001 she attended the University of Finance(London), and got her PhD in Rome (2004).From 1990 to 1992 Ms Sapienza was actively engaged in supportingthe Africa - Project Against Apartheid, an NGO associated with theDepartment of Public Information of the UN. In 1994, as CharterMember of the Association for Exchanges among Young Europeans(Rome), Ms Sapienza developed a series of projects under the auspicesof the EU Commission to improve dialogue among European cultures.From 1997 to 2002 she was tutor in Private Comparative Law at theInstitute of Comparative Law of the University La Sapienza(Rome); lecturer in European Contract Law at the LUISS University(Rome) and legal consultant at the Italian National ResearchCouncil-UN International Institute for the Unification of Law(CNR-UNIDROIT) Centre for Comparative and Foreign Law Studies,(UNIDROIT Convention on the International Return of Stolen orIllegally Exported Cultural Objects.) Ms Sapienza has been legalconsultant for various Italian institutes of research for the interna-tional protection of human and civil rights, among others theCentre for High European Studies at the University of Urbino(1996-2000) and the CNR institute for the Comparative Study on theGuarantees of Fundamental Rights (1999-2001).From 1999 to 2002 she lectured in Banking and Financial law at thePostgraduate School in Banking Law of the University of Siena (Italy).Ms Sapienza is currently Senior Associate in the International


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SPANDANEWSnEWSROOM

Capital Markets department of Allen & Overy (Rome), whichshe joined in 2000. She advises investment banks and brokers onICM transactions and regulatory issues.Among her publications: The English Legal System (London:Cameron Markby Hewitt, 1996); Unilex on UN Covnetion on Inter-national Sale of Goods (senior ed.); «Il diritto comunitario comefonte per il diritto dei contratti» [Community Law as source forthe law of contracts], in Il Diritto Privato nella Giurisprudenza(Turin: UTET, 1999); «Mutual Funds, UCITS, Sicavs and PensionFunds in Italy», in Securities Transactions in Europe (London:Sweet & Maxwell, 2003); «Laws and Regulations of Italian HedgeFunds», in Alternative Investment News (New York, 2004). MsSapienza has written extensively on Geopolitic and Islamic/shariacompliant financial transactions, among others: The financing ofinternational terrorism (Zone-H, 2005); «Keeping money out of ter-rorist hands», in Monitor (London: RUSI/Jane’s, 2006).

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R E S E A RC H, R E C OV E RY, D O C U M E N TAT I O N, C O N S E RVAT I O N

A N D D I S S E M I N AT I O N O F T H E E T H N O M U S I C O LO G I C A L H E R I TAG E

The ongoing programme of the Spanda Foundation «TheMusiké Project» has just released the third volume of its Muiskéjournal: Networks and Islands. Cultural Diversity in Music andDance, edited by Ninja Kors of the Rotterdam Conservatory,(Netherlands). The peer-reviewed four-monthly international jour-nal of ethnomusicological studies is available worldwide throughlibraries, bookshops, specialist music shops, and by subsciption toindividual and academic institutions, ethnomusicological and

BUM U S I K É

M U S I K ÉI N T E R N A T I O N A L J O U R N A L O F

E T H N O M U S I C O L O G I C A L S T U D I E S

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anthropological archives, or can be ordered from us – as well asall back issues – at [email protected]. The fourth volume of the series, Analysing East Asian Music. Patternof Rhythm and Melody, edited by Simon Mills of SOAS (Universityof London), is due in September 2008.

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D U T C H A N D E T H I O P I A N P A R T N E R S H I P :

T E F F G R A I N D E V E L O P M E N T

Bio-piracy is a label that few companies wish to see tied to theirname, yet the plundering of natural resources by foreign companiesis a reality that many developing nations face. The Dutch Compa-ny Soil & Crop (S&C) has faced public outcry on its developmentof the Ethiopian grain teff. Teff is an iron and calcium rich cerealsimilar to wheat that lacks gluten making it an attractive option forthose with allergies. Academic studies have also shown that teff canboost the body’s vitality and reduce fat production, making it auseful weapon in the fight against obesity in Western nations. S&Chas entered a partnership with the Ethiopian government to ensurethat the traditional knowledge of itsfarming peoples is compensatedfor. Under the agreement 5% ofS&C’s net profits would be directedinto a fund to support Ethiopianagriculture. As S&C’s Chief Finan-cial Officer Hans Turkensteen saidrecently, «We understood teff wasnot ours and wanted Ethiopians,who have cultivated, conserved andrefined it for centuries to benefitfrom its use elsewhere.îî As of May18th, 2008 money earned from thedevelopment of teff has gone tosupport thousands of farmers acrossthe country namely rural coopera-tive unions in Modjo (16,700 farmers) and Alamata (500 farmers), aswell as a Farmer Marketing Organization with 498 associated farm-ers in Busa Harbu. It is hoped that the S&C arrangement couldserve as a model for other cases dealing between business and localpeoples with sought after natural resources. 44 INFO

http://africa.reuters.com/country/ET/news/usnL26892775.html

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UN

W I P O P I L O T P R O J E C T S E E K S

T O P R O T E C T I N D I G E N O U S K N O W L E D G E

In September 2008 the World Intellectual Property Organization(WIPO) will be staring a pilot project, which seeks to, throughthe usage of modern technology, digitally capture and archivethe cultural traditions and knowledge of indigenous communi-ties around the world. Part of the WIPO’s Cultural Heritage Pro-ject, the programme recognizes the need for many indigenouspeoples to preserve their cultures in a safe way, so that it is notexploited by those that are not in the community. The Maasaipeople in Laikipia, Kenya have been selected as the first group ofthe project. Two tribe members along with an expert from theNational Museums of Kenya will fly to the American FolklifeCenter (AFC) and then to the Center for Documentary Studies

(CDS) in the US in order to learn the proper techniques for cul-tural documenting and archiving. Once this phase is done thosereturning to Kenya will be given computers, software, and otherfield equipment so that they can begin the process of effectivecommunity-based cultural conservation. As Mr. Francis Gurry,Deputy Director General of WIPO stated, ”Our goal is toempower tradition-bearers to preserve and pass on their own tra-ditional cultures if they wish to do so while safeguarding theirintellectual property rights and interests. Testing these ideasthrough this community-led pilot programme is a big steptoward that goal.” If successful the WIPO will replicate the pro-gramme with other indigenous communities around the world.44 INFO

http://www.wipo.int/pressroom/en/articles/2008/article_0027.html

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C O P 9 M E E T I N G A D V A N C E S

T R A D I T I O N A L K N O W L E D G E R I G H T S

In the German city of Bonn the ninth meeting of the conferenceof the parties (COP9) on the Con-vention on Biological Diversity(CBD) was held from the 19th tothe 30th of May 2008. Some 5,000

participants gathered at the sum-mit to discuss many importantissues facing a planet rapidly los-ing many of its natural resources.The summit with the slogan of“One Nature, One World, OurFuture” explored a spectrum ofissues from the protection andsustainable use of biologicaldiversity, to the preservation ofnumerous ecosystems, as well asthe relationship between the

international economic system and multilateral environmentalagreements. Notably the COP9 also focused on ways in which topromote and protect the rights of indigenous peoples around theworld. The twelfth decision of the COP9 examined the issues ofaccess and benefit sharing and realized that the CBD can becomea clearing-house, disseminating information on access to geneticresources. It called for a strengthening of the Working Group onAccess and Benefit-sharing, creating a new special task forcestaffed with technical and legal experts on the issue of traditionalknowledge. The decision also invited the world’s governments,concerned parties, and other bodies to financially supportindigenous and local communities with the creation of regionalworkshops who would liaise with the newly created task force.In decision thirteen of the COP9 special attention was given to thepre-existing Article 8 of the CBD, which focuses specifically on tra-ditional knowledge. In their decision the COP9 called on theirExecutive Secretariat to summarize and compile all of the infor-mation from national reports on the topic into a framework of thebest conservation and sustainable-use practices at the national,regional and community levels. It is hoped that by making thistext widely available that better policies will be implementedworldwide. The decision also called upon the United NationsFramework Convention on Climate Change to take note of theimplications of climate change on biodiversity-related traditionalknowledge, innovations and practices of indigenous and localcommunities. Having ended on such a high note the parties con-cerned look forward to much progress being made by the timethey meet again in the city of Nagoya, Japan in 2009.44 INFO http://www.cbd.int/decisions/cop9/



F R O N T L I N E S F O R U M : A S P A C E F O R V U L N E R A B L E

C O M M U N I T I E S C O P I N G W I T H C L I M A T E C H A N G E

The Frontlines Forum is an Internet-based forum that waslaunched on the 12th of June 2008 by UNESCO’s Coasts and SmallIslands platform and Indigenous Knowledge systems programmein conjunction with the Secretariats of the Convention on Biologi-cal Diversity, the United Nations Permanent Forum on Indige-nous Issues, and the Office of the High Commissioner for HumanRights. The purpose of the forum is to be an outlet to explore theexperiences of indigenous communities living in small islands, thecircumpolar Arctic, high-altitude zones, low-lying coastal areas,tropical forests, desert margins and other vulnerable environments.For many the threat of climate change is perceived to be distant,but for these at risk communities it is occurring now. Small islandsfor example are experiencing high sea level rises, storm surges andthe consequential salinization of vital freshwater reserves and agri-cultural lands. Indigenous peoples being keen observers of theimpacts of climate change, and having coped with environmentalchanges in the past have built up a rich body of knowledge andskills allowing them to adapt to new situations. Despite this factthe indigenous knowledge and adaptation strategies accumulatedby these communities has often not been taken into considerationby many governments and organizations that seek to combat cli-mate change. Indigenous peoples have voiced their frustration atthis, notably through protests on December 7th last year at theUnited Nations conference in Bali, Indonesia and at the mostrecent session of the United Nations Permanent Forum on Indige-nous Issues in May 2008 in New York City. The Frontlines Forumhopes to increase the profile of vulnerable communities in interna-tional debates while also providing a platform for indigenous peo-ples to share their experiences and strategies.44 INFO http://www.climatefrontlines.org/

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R O L E F O R T R A D I T I O N A L R A I N M A K E R S I N

C O M B A T I N G C L I M A T E C H A N G E I N K E N Y A

The valuable knowledge of Kenya’s legendary rain makingAbasiekwe clan in the Nganyi community of Emuhaya is beingsought after in order to help the country with the detrimentaldevelopments of climate change. Scientists and researchers fromlocal universities, the Kenya Meteorological Department, theKenya Industrial Property Institute and the National Museums ofKenya have all come together in this one of kind endeavour. TheUS$ 75,000 two year project funded by the International Develop-ment Research Centre (IDRC) will combine the vast wealth ofknowledge from the traditional rainmakers with more Westernscientiffic weather forecast methods. As the projectíís leader Pro-fessor Laban Ogallo stated, “This will enrich Western methods toimprove local communities’ adaptation to climate change.”The Abasiekwe rainmakers have long been revered in Kenya fortheir abilities. Many have visited their shrine to make offerings forfavorable weather conditions for their crops and livestock. Inhabitedby a large snake that helped in feeling weather conditions the shrinewas also filled with other accoutrements that helped the rainmakerscommunicate with ancestors to aid them with weather predictions.A host of other methods were also employed by the rainmakers suchas the observation of changes in air currents, the flowering andshedding of leaves of certain trees, change in the behaviour of safariants, and the different songs of some birds, as well as the croaking offrogs and toads. All of this amounts to a priceless quantity of tradi-tional knowledge that needs to be properly utilized if Kenya hopesto tackle the problems of climate change. It is felt that the programwill not only boost the preparedness of communities for disastersbut also serves to honour previously undervalued traditional African

practices. If successful the project would be exported to other placesacross the continent creating an integrated African-wide system ofclimate forecast.44 INFO http://www.nationmedia.com/dailynation/nmgcon-tententry.asp?category_id=39&newsid=126399

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T H E W H I T E F E A T H E R F O R E S T I N I T I A T I V E :

A N U N E A S Y M A R R I A G E B E T W E E N T H E

T R A D I T I O N A L A N D T H E M O D E R N

The Whitefeather forest is an area of provincial Crown landfound within the territory of the Pikangikum First Nation inNorthern Ontario Canada. The Whitefeather Forest Initiative isa project that seeks to preserve the natural environment and pro-tect the caribou herds that roam through much of the borealforest area. However, the process of cooperation between the twoparties, the province of Ontario and the Pikangikum First Nation,has not been without its difficulties. The obstacles for cooperationcome out of the divergent worldviews that the two parties have,influencing how they in turn tackle problems. The province repre-sented by the Ontario Ministry of Natural Resources (OMNR)seeks a more broad landscape-level centralized management ofthe forest, where as the Pikangikum First Nation represented bythe Whitefeather Forest Management Cooperation (WFMC) seeksa more decentralized and localized approach to land use plan-ning. The Pikangikum elders are unconvinced that the planningfor the Whitefeather forest should take in to account what wasoccurring in other jurisdictions, or that they should be responsi-ble for the state of caribou populations on other First Nationííslands. This is due to the difference they make between moregeneral land-based knowledge (Ahkeeweekeekaytuhmuhweeneeg),which is seen as lesser to knowledge rooted in personal experi-ence (Keecheeauhneesheenaubay weekeekaytauhmuhween). For thePikangkum they are the customary stewards of the Whitefeatherforestland and to be concerned with what they were not entrust-ed to look after by the Creator is nonsensical. As WhiteheadMoose a Pikangikum elder said, “There are two different typesof people: those who live off the land, that can experience theland, and those who just talk about what they haven’t experi-enced.” The OMNR, however, seeks a wide over arching approachto forest management tying in the Whitefeather forest withother regions and demarking specific land-use zones with pro-tected areas to be managed separately from the working forest.Not all hope is lost, however, and it is felt that cross-scale andcross-level planning for the conservation of woodland caribouhabitat can occur as long as respective goals are met at each level.A hybrid approach for the Whitefeather Forest Initiative wouldbe the best way forward one that is based on community levelstewardship principles yet at the same time meets provincial tar-gets. This should work because ultimately both parties wish thesame thing, a vibrant forest ecosystem capable of sustaining cari-bou, as long as they remain committed to a respectful cross cul-tural dialogue this goal can be reached.

44 INFO http://www.ecologyandsociety.org/vol13/iss1/art6/

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P A R T I C I P A T O R Y C O N S E R V A T I O N S T R A T E G I E S

I N I N D O N E S I A A N D M A D A G A S C A R

A recent article in the journal Ecology & Society titled Accountingfor the Ecological Dimension in Participatory Research and Develop-ment: Lessons Learned from Indonesia and Madagascar examinedthe varying degrees of success that participatory conservation

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strategies have had in three different cases. The first case focusedon the island of Yamdena in the Tanimbar Archipelago of Indone-sia inhabited by long-established local communities. The secondcase looked at the mountainous Beforona region of eastern Mada-gascar, which has a mixed local and migrant population. And thethird and final case was the Mahajam Delta on the eastern coast ofIndonesian Borneo a region comprised of mostly migrants to thearea. The study found that despite the at times conflicting viewpoints of local populations, migrants, and governments viableconservation strategies between all groups can be reached.On the isolated forested island of Yamdena the indigenous peo-ple view land as a communal property with ownership takingthree forms: (1) household level (2) marga or clan level and (3)petuanan many groups of clans. The land and all naturalresources found on it is governed by a traditional managementsystem called sasi. Even though large-scale logging was bannedin the area in the 1990s the effects such practices had on the envi-ronment are long lasting. Erosion, ecological decline, anddecreased water availability are just a few problems that theregion faces. To combat these problems the government alongwith a local organization called the South Yamdena CommunityWorkgroup created a common vision of the future for commonland use. Traditional resource management was incorporatedinto the statutory law, and because of the positive linkages madebetween the indigenous people and the government sasi wasupdated leading to more sustainable practices on the island.In Beforona, Madagascar the dominant ethnic group are the Bet-simisaraka people who engage in a slash-and-burn practice calledtavy which has been passed down from generation to generation.Such a practice on its own lends to sustainable management since itwarms the soil, eradicates pests, and it spares certain useful woodyplant species. In addition to this land is also left fallow or sembotranofor many years in order for the natural habitat to recover fromhuman farming practices. However, modernization in the regionlead to a change in the careful balance. New migrants to the areagrowing the cash crops of bananas and coffee increased the soilíísaluminum toxicity and changed its texture making it harder to growstaple rice crops. To make matters worse ginger became a new cashcrop with even more devastating effects on the environment withweed invasion and nutrient leaching occurring at high levels. Inorder to remedy this situation Madagascar set up nationwide pro-grams on participatory conservation with a stress placed in givingmore management to local communities. In the case of Beforona itwas recognized that the economic benefits of growing ginger weretoo high to eradicate the crop, and after much developmentbetween farmers and scientists an ecologically friendly strain of gin-ger was introduced to the region. Thus far the gain in biomass hasbeen 8 metric tons a hectare, 40% of surface erosion has been avoid-ed, and economic returns have increased by up to 30%. The final case in the Mahakam Delta was quite interesting sincewith no indigenous people there were no customary land prac-tices governing the region. Being swamp-land the region is cov-ered by Nypa palms and mangrove trees. Before the 1970s theonly people who went to the delta were nomadic fishers, howev-er all things changed when oil and fishing companies came intothe region. The boom in population lead to a market for localproducts namely fish and seafood, by the 1980s, however, theIndonesian government recognized the dangers of resourcedepletion and instituted a ban on trawl fishing. This move led tothe fishing communities to experiment with pond aquacultureand over time shrimp farming went from a small-scale familyactivity into an industrial business. By 2002, 75% of the delta wascovered by productive ponds, destroying the natural habitat ofthe Nypa palms and mangroves. While economically productivethe high numbers of shrimp ponds had a negative impact on theenvironment with soil loss, dyke erosion, and shrimp diseases all

leading to decreased pond productivity. In 1992 there were yieldsof 600 kg per hectare, but by 2002 this number was down to 80 kgper hectare. Recognizing the decreasing productivity of the landbusinesses paired up with local environmental NGOs to find asolution for the problem. What has come out of this is a unitedfront with all invested stake holders attempting to find a moresustainable way to conduct shrimp farming. A few companies inthe delta region have recently begun experimenting with fisherysystems that incorporate mangrove tree species, having theplants growing in and around shrimp ponds. If successful, it willbe a more balanced and eco-friendly approach to the destructivepractice of shrimp farming. Ultimately this study shows theworld that indigenous knowledge, environmental sustainability,and economic development can occur together when all partiesinvolved are given a voice.

44 INFO http://www.ecologyandsociety.org/vol13/iss1/art15/

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