Structure of the module
This learning module's key concepts, tools, and terms are derived from the Engaging with Indigenous Peoples and Local Communities Deep Dive. It is advisable to review the deep dive separately for deeper understanding.
In addition, this module is organized according to the WIP phases as outlined in the Financing Nature for Water Security Guidance (see figure 1 below)
“How”
The “how” in this module outlines activities and considerations to be made at each WIP phase on how to engage with Indigenous People and local communities.
“What”
The “what” provides an example of questions that should be asked and answered during the engagement process during each phase of the WIP development process. Questions have been divided into three thematic areas - Geographic and Cultural, Governance and Politics, and Legal and Tenure – but they all play an integral role in the overall engagement process.
Background
A Watershed Investment Program (WIP) is an initiative that aims to deliver water security and associated co-benefit outcomes via a defined portfolio of Nature-based Solutions (NbS) interventions within a specified service area (the “NbS Investment Portfolio”) (TNC, 2022). Water security challenges (WSC) such as water quality, quantity, floods, and droughts, vary widely from basin to basin, and so do their drivers. WIPs can be designed and implemented in many different ways. A WIP can be driven by a variety of sponsor types (e.g., NGOs, government agencies, direct water users, or development financial institutions), and delivered via different types of governance arrangements (e.g., collective action vehicle, hosted program, umbrella agreement).
To effectively establish Watershed Investment Programs (WIPs), you need to engage with stakeholders responsible for, benefiting from, and funding watershed stewardship and water management in your area of focus. To identify stakeholders including Indigenous People and local communities, mapping stakeholders and analyzing their mandates and priorities needs to be undertaken in the Pre-Feasibility Phase. This is to determine which stakeholders matter to the NbS process and how to engage them. Refer to the stakeholder mapping deep dive to learn more.
Previously, WIPs have relied heavily on Western science to understand a basin’s hydrological and geomorphological interactions with land cover and land use, how these relate to the water security challenges, and appropriate nature-based solutions to help address those challenges. However, Indigenous Peoples and local communities have gathered a wealth of knowledge about their landscapes through countless generations, sometimes referred to as traditional or local knowledge. This traditional knowledge is an invaluable element to understanding the challenges and viable solutions further. Indigenous peoples' or local communities' knowledge and expertise should be respected and integrated into WIPs, when permitted by the community.
Introduction to Indigenous People and local communities
Definition/Differentiation
Understanding the differences between Indigenous Peoples and local communities is crucial for cultural sensitivity, legal and ethical considerations, effective participation, and conflict avoidance among others.
Indigenous Peoples: Indigenous communities, Peoples, and Nations are those that have a historical continuity with pre-invasion and pre-colonial societies that developed on their territories and consider themselves distinct from other sectors of the societies now prevailing on those territories or parts of them. Many [or most] form, at present, non-dominant sectors of society and are determined to preserve, develop, and transmit to future generations their ancestral territories and their ethnic identity as the basis of their continued existence as peoples, per their cultural patterns, social institutions, and legal systems (Martínez Cobo, 1982). While Martinez Cobo's definition of Indigenous Peoples is widely accepted, it should be noted that Indigenous Peoples are diverse, and there are exemptions to the previous definition.
NOTE: Recognizing the distinction between Indigenous Peoples and local communities, with the first holding collective rights as enshrined in the United Nations Declaration on the Rights of Indigenous Peoples and respecting the statement issued by the United Nations Permanent Forum of Indigenous Issues requesting “that all UN Member State parties to treaties related to the environment, biodiversity, and climate cease using the term "local communities" alongside "Indigenous Peoples" we have refrained from using the acronym “Indigenous Peoples and local communities (IPLC).” Instead, we will spell out the full name with the appropriate capitalization of “Indigenous Peoples” to recognize these diverse, sovereign communities. However, given their relevance within a WIP, we continue to include local communities as relevant actors who should be engaged, well-informed, and invited to participate in the various stages of a WIP.
A relevant aspect that differentiates Indigenous Peoples from local communities is their collective rights.
Collective Rights: Collective rights are specific rights held by a group. Indigenous Peoples have collective rights that are indispensable for their existence, well-being, and integral development as people. The signatory states of the United Nations Declaration on the Rights of Indigenous Peoples must recognize and protect the rights of Indigenous Peoples to their self-determination, juridical, social, political, and economic systems or institutions, their own cultures, to profess and practice their spiritual beliefs, and to use their lands, territories, and resources. One of the rights recognized by international human rights law is Indigenous Peoples’ rights to Free, Prior, and Informed Consent (FPIC).
Local Communities: Local communities may have a similar connection to and dependence on lands, waters, and resources for their culture and livelihoods, as well as systems of communal or shared governance of natural resources. However, members of local communities have not collectively self-identified as Indigenous Peoples and/or have not been recognized by their state government. As such, collective rights under international law available to Indigenous Peoples’ does not apply to local communities. However, communities should still be considered during the WIP development process given their connection with their natural resources.
NOTE: In Africa, the common definition of Indigenous Peoples doesn't fully apply due to the widespread claim of indigenous status by many who have always inhabited the continent. The African Commission on Human and Peoples’ Rights, recognizing this, stated that all Africans are indigenous to Africa. However, specific groups use the term "indigenous" to highlight and address the discrimination they face. The overall characteristics of Indigenous Peoples in Africa include significant cultural differences from the dominant society, threats to their culture's survival, geographical isolation, political and social marginalization, reliance on traditional land and resources, and often being hunter/gatherers or pastoralists. Recognizing and respecting these differences and allowing each group to thrive democratically can prevent conflict rather than incite it.
In this module, we aim to provide practitioners with;
- An introduction to Indigenous People and local communities.
- Key considerations for engaging with Indigenous People and local communities in the Watershed Investment Programs (WIP) stages of implementation.
- Important tools and resources to help practitioners answer critical questions while implementing each phase of WIPs.
Pre- Feasibility
The Pre-Feasibility Phase is a crucial first phase of WIP exploration, to develop an understanding of the situation and set priorities. The main purpose of this phase is to understand the water security challenges and explore the high-level potential for NbS to address them.
This is also the stage where you identify core partners and validate their collaboration interests, identify coordination needs and opportunities to leverage existing efforts, and understand the existing landscape of water sector institutions and respective remits.
Indigenous People and local communities’ collaboration and engagement is a continuous and dynamic journey integral to the WIP development process. The primary objective during the Pre-Feasibility Phase is to comprehensively understand the Indigenous Peoples and local communities in the program’s areas. This includes location, language, sacred places (if applicable), culture, and any detail that might enrich the WIP process and safeguard human rights.
Feasibility
At this phase, the WIP team will determine whether a specific & viable path exists to deploy NbS and achieve impact. They will identify an NbS portfolio to achieve the WIP’s objectives, so it is recommended the WIP team deepen their engagement with communities during Feasibility and beyond. That said, it is essential to balance the development needs of the WIP with respect for the time, energy, and effort requested from these communities. Engaging too early, without a clear idea of the potential NbS locations, might create false expectations among community members. Conversely, engaging too late could generate discomfort or opposition, as communities may feel excluded from decision-making. Therefore, it is crucial to balance the timing of engagement to ensure meaningful collaboration and set realistic expectations.
Building trust takes time and most teams engage more deeply with communities beginning in Feasibility. If that is the case for your team, it may be material to revisit and edit your team’s Pre-Feasibility analysis to incorporate input resulting from deeper engagement during Feasibility. For example, a Ministry says they manage forests adjacent to the community's territory and they have a great relationship with the community. However, in speaking with the community, their opinion on the strength of the relationship differs. This should be included in your Pre-Feasibility analysis.
Regardless, it’s important not to move forward with a detailed Feasibility Analysis before your team is able to gauge important insights from communities including primary watershed challenges (including water security), areas of importance or off limits, key nature-based solutions, rights to resources, and how they are included or excluded from watershed governance. To find out more information about rights to resources and watershed governance, refer to the “Politics and Governance” and “Land and Tenure” sections below.
Please note, teams may have already begun visiting communities in the Pre-Feasibility stage.
Design
During the Design Phase of your WIP, you will marry interest and ambition into a cohesive actionable package. This will include developing your institutional vision, governance, funding, and operational arrangement to develop your strategic plan. This is also the stage where you pilot interventions (as relevant) to validate the NbS portfolio and secure sustainable funding or commitments. This is an opportunity for Indigenous Peoples and local communities to articulate how they would like to be involved in decision-making and implementation, especially activities impacting their territory, community, or resources.
If communities would like to move forward, it’s essential to co-develop specific components of a WIP through participatory workshops, including how NbS interventions will be implemented, how resources will flow to communities, how decisions will be made, and how impacts will be monitored. These will all be elements of the WIP’s Strategic Plan.
A WIPs monitoring and evaluation (M&E) framework will include SMART Objectives which quantify how you’ll measure the success of your WIP and will, therefore, act as a framing device for all future adaptive management. Indigenous Peoples and local communities should be involved to help frame the WIP’s outcomes and the indicators that will be used to track implementation and measure progress, especially if monitoring activities involve data collection (in-person or remote sensing techniques) within the territories of Indigenous Peoples and local communities.
To dig deeper into how to create SMART goals, Monitoring & Evaluation Plans, Strategic plan, and as well as how to operationalize a WIP, review the How-to Guide: Financing Nature for Water Security report.
Execution
A WIPs Execution Phase is characterized by on-the-ground implementation and regular monitoring to track progress toward the WIP’s co-defined goals and objectives. Often during Execution, a WIP's governance structure may be amended to better serve the scale at which the WIP is implementing and the amount or type of funding flowing through the organization.
At this stage, it is also vital to comply with the established Engagement Plan and to remember that if changes to the agreed-upon WIP occur, the Indigenous Peoples and local communities must be informed.
Case Study Examples
©J Fritz Rumpf/TNC Photo Contest 2023
