Academic literature on the topic 'Displacement, conservation, indigenous people, the Batwa'

The intersection between protected areas, community rights, statutory legal frameworks and customary law and practice is complex. Several cases heard by members of the African judiciary over the last decade have dealt with this intersection and provided valuable guidance on forging solutions promoting the contemporary conservation discourse that recognises the role of local communities and indigenous peoples in the governance and management of protected and conserved areas. The recent claim brought by the Batwa people of Uganda to land and resources situated in three protected areas provided the judiciary with another opportunity to draw from and contribute to the emerging relevant jurisprudence. This contribution overviews this jurisprudence and its strong link to the contemporary conservation discourse, and critically reflects on the latest contribution to it. It ultimately concludes that while the Ugandan Constitutional Court in the Batwa case missed a clear opportunity to draw from and develop the existing relevant jurisprudence, it did add a new dimension to it in the form of forging solutions through affirmative action redress.

The livelihoods of indigenous peoples, custodians of the world’s forests since time immemorial, were eroded as colonial powers claimed de jure control over their ancestral lands. The continuation of European land regimes in Africa and Asia meant that the withdrawal of colonial powers did not bring about a return to customary land tenure. Further, the growth in environmentalism has been interpreted by some as entailing conservation ahead of people. While this may be justifiable in view of devastating anthropocentric breaching of planetary boundaries, continued support for “fortress” style conservation inflicts real harm on indigenous communities and overlooks sustainable solutions to deepening climate crises. In reflecting on this issue from the perspective of colonial land tenure systems, this article highlights how ideas—the importance of individualised land ownership, cultivation, and fortress conservation—are intellectually flawed. Prevailing conservation policies, made possible by global non-governmental organisations (NGOs) and statutory donors, continue to harm indigenous peoples and their traditional territories. Drawing from the authors’ experience representing the Batwa (DRC), the Ogiek and Endorois (Kenya) and Adivasis (India) in international litigation, this paper examines the human and environmental costs associated with modern conservation approaches through this colonial lens. This article concludes by reflecting on approaches that respect environmental and human rights.

National parks provide a wide range of ecological, social and economic benefits. However, in some cases the establishment of national parks has also lead to the displacement of indigenous people, the disruption of their livelihoods, and ongoing social conflict. Northern Thailand's national parks are home to approximately one million indigenous people. Balancing the interests and needs of national park authorities with those of indigenous communities within and adjacent to these parks poses significant challenges. This article employs qualitative research methods to assess the livelihood strategies of six indigenous hill tribe communities residing within three national parks in Northern Thailand. Due to the criminalization of the traditional farming systems and restrictions imposed on land use, these communities have had to adapt their livelihood practices to survive. Our findings suggest that communities remain in a state of flux and are continually adapting to changing circumstances. It is argued that greater community empowerment and participation in collaborative decision making is crucial to strengthen both sustainable livelihoods and environmental conservation efforts within Northern Thailand's national parks.Keywords: Sustainable livelihoods, co-management, Northern Thailand, national parks, social justice

Kaziranga National Park (henceforth, KNP) is a protected area situated in the North Eastern part of India. The park is a World Heritage Site and has a very rich ecosystem. KNP is an attractive tourist destination and occupies a significant place in the life and culture of the people living in this part of the country. Conservation of the park started more than a century ago, and local people have often contested such efforts. This is mainly because indigenous people have been facing displacement and deprivation from resources, which they have been using for centuries. Besides deprivation, wild animals often damage their properties and paddy fields. This leads to resentment among local people and become potential cause of grudge in the form of encroachment, poaching, biodiversity loss, and excessive collection of forest products. As a result, conservation measures may fail to deliver desired outcome. This paper tries to examine the gains and losses for living around KNP and assess the park-people relation. We conduct a case study in some periphery villages of the park and find that people have been suffering from difficulty in rearing livestock and loss caused by wild animal. However, people gain from tourism business. Based on the findings we recommend extension of tourism/allied activities and community welfare measures. The findings may be used to derive policy implication for sustainable management of the park.

Retaining indigenous populations is vital to the sustainable development and conservation of historic urban areas. However, little attention has been paid to Chinese conservation planning in an effort to safeguard indigenous people. This paper investigates population change and residential mobility in Chinese historic urban areas by applying demographic analysis and regression models to survey data collected in the Ping-Jiang Historic Quarter. Results indicate that few relocation behaviors are a result of the welfare housing policy and property ownership. However, residents’ intentions to move have increased, due to declining living conditions and tourism development in recent years. Classified by property ownership, public housing tenants and rented housing migrants were more willing to move, while private housing owners preferred to stay. Accordingly, there have been increasing trends of aging, poverty growth and population displacement, epitomized by the public housing population. Assessing planning impacts, welfare policy reduced residential mobility while undermining residents’ self-reliance to maintain their own houses. Without substantial social participation and community support, top-down conservation planning could only slow, rather than reverse, the trend of socio-cultural decline.

Increasingly, severe wildfires have led to declines in biodiversity across all of Earth’s vegetated biomes [D. B. McWethy et al., Nat. Sustain. 2, 797–804 (2019)]. Unfortunately, the displacement of Indigenous peoples and place-based societies that rely on and routinely practice fire stewardship has resulted in significant declines in biodiversity and the functional roles of people in shaping pyrodiverse systems [R. Bliege Bird et al., Proc. Natl. Acad. Sci. U.S.A. 117, 12904–12914 (2020)]. With the aim of assessing the impacts of Indigenous fire stewardship on biodiversity and species function across Earth’s major terrestrial biomes, we conducted a review of relevant primary data papers published from 1900 to present. We examined how the frequency, seasonality, and severity of human-ignited fires can improve or reduce reported metrics of biodiversity and habitat heterogeneity as well as changes to species composition across a range of taxa and spatial and temporal scales. A total of 79% of applicable studies reported increases in biodiversity as a result of fire stewardship, and 63% concluded that habitat heterogeneity was increased by the use of fire. All studies reported that fire stewardship occurred outside of the window of uncontrollable fire activity, and plants (woody and nonwoody vegetation) were the most intensively studied life forms. Three studies reported declines in biodiversity associated with increases in the use of high-severity fire as a result of the disruption of Indigenous-controlled fire regimes with the onset of colonization. Supporting Indigenous-led fire stewardship can assist with reviving important cultural practices while protecting human communities from increasingly severe wildfires, enhancing biodiversity, and increasing ecosystem heterogeneity.

Abstract The historical displacement of indigenous and non-Native people from national parks and nature preserves has often been analyzed as a deliberate imposition of state authority over local people living in rural and hinterland regions. The cases of Point Pelee and Georgian Bay Islands National Parks indicate that local people had considerable influence over the siting and management policies applied to parks and protected areas in the early twentieth century. Although the federal government did attempt to either expel or severely curtail the wildlife harvesting activities of Aboriginals and non-Aboriginals living within the national parks during this period, such policies were often the result of lobbying from local conservation groups intent on saving threatened wildlife populations or business promoters hoping to stimulate the local tourist economy through the creation of a public pleasuring ground. This paper argues that the management frameworks governing Point Pelee and Georgian Bay Islands National Parks were not the product of narrow state interests, but of a much broader policy community composed of local and state actors hoping to shape the park environments to suit their own political priorities.

The Mesopotamian Marshlands or The Garden of Eden, lies in the southern part of Iraq with estimated area of 15000-20000 km2. Historically, the area had pioneering role in the human civilization for over 5000 years. The indigenous people of the area are called “Marsh Arabs” or “Ma’dan” who are the descendants of the Sumerians and Semitic people. The former Iraqi regime (Saddam Hussein) had violently led an aggressive campaign to drain the marshes in 1991. Only %7 of the total area survived this campaign, which caused a mass destruction of the ecosystem and dwellers’ displacement. In 2003, water started to flow back to the area. Yet, the reflooding did not restore the whole former area of the wetlands. Moreover, the new ecosystem influenced the diversity and characteristics of the co-existing species in the area. In 2016, due to the importance of the Mesopotamian Marshlands, the International Union for Conservation of Nature (IUCN) listed three marshes from the area as World Heritage Sites requiring conservation, namely: Hammar, Hwezeh and Central Marshes. The aim of this study is to re-evaluate the ecosystem of those three sites from a biological perspective by examining some challenges that should be dealt with to restore stability to this multi-thousand-year-old system

The notion that indigenous people and local communities can effectively prevent conservation crime rests upon the assumption that they are informal guardians of natural resources. Although informal guardianship is a concept typically applied to “traditional” crimes, urban contexts, and the global North, it has great potential to be combined with formal guardianship (such as ranger patrols) to better protect wildlife, incentivize community participation in conservation, and address the limitations of formal enforcement in the global South. Proactive crime prevention is especially important for illegal snare hunting, a practice that has led to pernicious defaunation and which has proved difficult to control due to its broad scope. This paper uses interview data with community members in protected areas in Viet Nam where illegal snare hunting is commonplace to 1) analyze the conditions for informal guardianship in the study locations; 2) explore how community members can become more effective informal guardians; and 3) examine how formal and informal guardianship mechanisms can be linked to maximize deterrence and limit displacement of illegal snaring. Results indicate that conditions for informal guardianship exist but that respondent willingness to intervene depends upon the location, offender activity, and type of offender (outsider versus community member). While respondents generated numerous strategies for wildlife crime prevention, they also listed crime displacement mechanism offenders used to avoid detection. We discuss how informal guardianship can be integrated with formal guardianship into an overall model of situational crime prevention to protect wildlife and incentivize community-led deterrence of illegal snaring.

"August 2006"
Thesis (PhD) -- Macquarie University, Division of Law, 2007.
Bibliography: p. 343-364.
Abstract -- Candidate's certification -- Acknowledgements -- Acronyms -- Chapter one -- Chapter two: Linking public participation to environmental decision making and natural resources management -- Chapter three: The right to public participation -- Chapter four: Implementing the right to public participation in environmental decision making : the participation of indigenous peoples in the conservation and management of protected areas -- Chapter five: The legal and policy regime for the participation of indigenous peoples in the conservation and management of protected areas in Australia -- Chapter six: The legal and policy regime for the participation of indigenous peoples in the conservation and management of protected areas in Uganda -- Chapter seven: Implementing public participation in environmental decision making in Australia and Uganda : a comparative analysis -- Chapter eight: The right to public participation in enviromental decision making and natural resources management : summary and conclusions -- Bibliography.
In recognition of the importance of public participation as a basis for good governance and democracy, Mr Kofi Annan, Secretary General to the United Nations, has noted that: "Good governance demands the consent and participation of the governed and the full participation and lasting involvement of all citizens in the future of their nation. The will of the people must be the basis of governmental authority. That is the foundation of democracy. That is the foundation of good governance Good governance will give every citizen, young or old, man or woman, a real and lasting stake in the future of his or her society". The above quotation encapsulates the essence of what this thesis has set out to do; to examine the concept of public participation and its application in environmental governance within the context of the participation of indigenous peoples in the conservation and management of protected areas in Australia and Uganda. The concept of public participation is of such intrinsic importance that it has emerged as one of the fundamental principles underpinning environmental governance and therefore forms the basis for this study. -- Environmental governance, as a concept that captures the ideal of public participation, is basically about decisions and the manner in which they are made. It is about who has 'a seat at the table' during deliberations and how the interests of affected communities and ecosystems are represented. It is also about how decision makers are held responsible for the integrity of the process and for the results of their decisions. It relates to business people, property owners, farmers and consumers. Environmental governance is also about the management of actions relating to the environment and sustainable development. It includes individual choices and actions like participating in public hearings or joining local watchdog groups or, as consumers, choosing to purchase environmentally friendly products. -- The basic principles behind good governance and good environmental decision making have been accepted for more than a decade. The 178 nations that attended the Rio Summit in 1992 all endorsed these nvironmental governance principles when they signed the Rio Declaration on Environment and Development (Rio Declaration) - a charter of 27 principles meant to guide the world community towards sustainable development. The international community re-emphasised the importance of these principles at the World Summit on Sustainable Development in 2002. -- The right to public participation in nvironmental decision making and natural resources management is one of the 27 principles endorsed by the nations of the world and is embodied in the provisions of Principle 10 of the Rio Declaration.
Environmental decisions occur in many contexts. They range from personal choices like whether to walk or drive to work, how much firewood to burn, or whether to have another child. They encompass the business decisions that communities or corporations make about where to locate their facilities, how much to emphasise eco-friendly product design and how much land to preserve. They include national laws enacted to conserve the environment, to regulate pollution, manage public land or regulate trade. They take into account international commitments made to regulate trade in endangered species or limit acid rain or C02 emissions. -- Environmental decisions also involve a wide range of actors: individuals; local, state and national governments; community and tribal authorities such as indigenous peoples; civic organisations; interested groups; labour unions; national and transactional corporations; scientists; and international bodies such as the United Nations, the European Union, and the World Trade Organisation. -- Each of the actors have different interests, different levels of authority and different information, making their actions complex and frequently putting their decisions at odds with each other and with ecological processes that sustain the natural systems we depend on. -- Accordingly, this thesis aims to examine participation in environmental decision making in a way that demonstrates these complexities and interdependencies. It will explore the theoretical and conceptual basis for public participation and how it is incorporated into international and domestic environmental and natural resources law and policy. -- It will examine public participation in the context of the legal and policy framework for the conservation and management of protected areas and will use case studies involving the participation of indigeneous peoples in Australia and Uganda to provide the basis for a comparative analysis. -- The thesis will also faces on a comparative analysis of the effectiveness and meaningfulness of the process for public participation in environmental decision making in Australia and Uganda. There is extensive literature on the purposes to which participation may be put; the stages in the project cycle at which it should be employed; the level and power with regard to the decision making process which should be afforded to the participants; the methods which may be appropriate under the different circumstances, as well as detailed descriptions of methods; approaches and forms or typologies of public participation; and the benefits and problems of such participation.
However, there is not much significant literature that examines and analyses the meaningfulness and effectiveness of the contextual processes of such participation. This is despite the widespread belief in the importance and value of public participation, particularly by local and indigenous communities, even in the face of disillusionment caused by deceit, manipulation and tokenism. Accordingly, the thesis will use case studies to demonstrate the meaningfulness and effectiveness or otherwise of public participation in environmental decision making in protected area management. -- Increasingly, the terminology of sustainable development is more appropriate to describe contemporary policy objectives in this area, with an emphasis on promoting local livelihood and poverty alleviation within the constraints of ecosystem management. However, the domestic legal frameworks, and institutional development, in Australia and Uganda tend to reflect earlier concepts of environmental and natural resources management (referred to as environmental management in this thesis). There are some significant differences between a North (developed) nation and a South (developing) nation, in terms of the emphasis on economic objectives, political stability, resources and legal and administrative capacity. The thesis intends to explore these differences for the comparative analysis and to draw on them to highlight the complexities and interdependencies of public participation by indigenous peoples in environmental decision making, natural resources and protected area management.
Mode of access: World Wide Web.
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