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Distributing Benefits:
             A Timeless Challenge
   Services and raw materials from natural
    heritage scarce
   Prone to shifts in social and cultural norms
   Common pool resources require some special
    attention
   Lots of issues
Why Benefit Distribution is Challenging

   Global debate about conservation
   Growing population with changing
    consumption patterns
   Global level processes stress natural heritage
   Political and moral ideologies in flux
   Knowledge is expanding
Community Level
   Access is important for vulnerable populations
   Dependency on access to natural resources
Access to Nature’s Bounty
   It is a matter of justice or fair treatment
Framing the Challenge
   Framing natural resource problems is difficult
   Wicked and messy character
       Scientific disagreement on cause-effect
        relationships
       Lack of social agreement on goals
   Inter-connected problems
       Can’t solve one problem without affecting others
       Don’t solve problems, but resolve them
Benefit Sharing and Benefit Distribution:
     Different Decisions, Similar Questions
   Literature often unclear
   Convention on Biological Diversity unclear on
    what it means
   Moral approach sees sharing as an act of
    beneficence
   Policy arena sees sharing as a non-voluntary
    act
How terms will be used in this presentation

   Benefit sharing – A fair exchange of value
    between a willing seller (collective) and
    willing buyer
   Benefit distribution – apportionment of
    benefits received by a collective to members of
    that collective
Social Justice Framing
   Social justice – objective is the basic structure
    of society … way in which major social
    institutions distribute fundamental rights and
    duties … – Rawls 1971
   Institutions lose their legitimacy when
    decisions are not just in the eyes of citizens
    and residents
Three Types of Justice
     Underpin Benefit Sharing and Distribution
   Commutative – fair exchange of value
   Distributive – apportionment of benefits and
    burdens
   Procedural – the rules by which society makes
    decisions
Commutative Justice
   Seeking a fair exchange – trades of equivalent
    value
   The heart of benefit sharing
   Implemented through
       Prior informed consent
       Mutually agreed terms
       Policy
Distributive Justice
   How benefits and burdens are apportioned to
    members of a collective
   The focus of benefit distribution
   Implemented through policy decisions
   Goal is fairness
   But what is fair?
Procedural Justice
   The rules by which society makes decisions
   Underlies both distributive and commutative
    justice
   Implemented through good governance
    principles, e.g.
       Transparency
       Inclusiveness
       Responsibility
       Accountability
Commutative            Distributive
  Justice                Justice




        Procedural Justice
Major Benefit Distribution Decisions
1.   Current members or future members
2.   Community or individual (household) scale
3.   Goals of distribution
4.   Capacity to make decisions
1. Benefits distributed to current
            or future members
   Provision of opportunities
   An issue of intergenerational equity
2. Community or individual scale
   Community scale – basic services needed by
    all members
       Clinic, school, library, police, fire
   Individual scale – individuals decide what to
    do with benefits
       Raise income
       People spend income on their
         sense of need
3. Determining Distributive Justice Goals

   Equality – every member receives the same
    apportionment
        Treats everyone the same regardless of
         circumstances
3. Determining Distributive Justice Goals

   Equity – benefits apportioned according to
    merit or some other measure
        Favors those who engage collective activities or
         who hold promise for improving collective quality
         of life
3. Determining Distributive Justice Goals

   Need – benefits apportioned to those most
    vulnerable
        Poor
        Sick
        Dependency
4. What Governance Capacities are
                Needed
   Decision making – identifying who should get
    what amount from whom
       Focus on procedural justice
       Understanding consequences
       Explicitness in policy development
   Administration – good business practices
       Accounting
       Paper trails
       Audits
Lessons Learned
   Ambiguous definitions of benefit sharing and
    distribution stifle research and thwart effective
    social discourse, creating confusion and
    conflict
Lessons Learned
   Any benefit distribution mechanism will
    discriminate against some group
       What is fair?
Lessons Learned
   What is “fair” is highly situational specific,
    often contested, and depends on the interest
    dominating discourse
Lessons Learned
   Building capacity to negotiate is critical to
    creating opportunities for commutative justice.
Lessons Learned
   Building capacity to decide is critical to
    distributive justice
Lessons Learned
   How benefits are created remains an important
    question for science and policy and needs
    debate for progress to be made
Conclusions
   Benefit distribution occurs within a complex
    social-ecological system defying simplistic
    solutions
   Research can help policy understand choices
    and consequences
   Using a social justice perspective clarifies
    goals and processes used in benefit distribution
    policy
Thanks to:
Wayne Freimund, UM          Bimo Nkhata, Monash
Patrick Graz, Polytechnic   Karine Nuulimba, IRDNC
Selma Lendelvo, UNAM        Oliver Pierson, MCC
Maxi Louis, NACSO           Tyron Venn, UM
Alfons Mosimane, UNAM       Chris Weaver WWF-Namibia
Convention on Biological Diversity
   Third objective:
    “the fair and equitable sharing of the benefits
    arising out of the utilization of genetic resources …”
   Bonn Guidelines
   Nagoya Protocol
    Requires that “benefits arising from the utilization of
    genetic resources … shall be shared in a fair and
    equitable way with the Party providing such
    resources …”
Definition     Goal                 Benefit Shared    Citation

Charitable    Care for Human        Aid, Technical
Giving        Beings                Assistance
Fair Exchange Commutative Justice   Money,            Artuso 2002
of Value                            Technology,       Moran 2000
                                    Training,         Schroeder 2007
                                    Knowledge
Mitigation     Payment for Costs    Money             Mogera and
               Incurred by Local                      Tsioumani 2010
               Residents                              Baldus, et al. 2003

Incentive      Encourage             Money, Meat      Johannesen and
               Conservation Practice                  Skonhoft 2005

Compensation Restitution for Past   Money, Shared     Magome 2003
             Injustice              Decision Making   Kepe et al. 2005
                                                      IUCN 2003
Benefit Sharing




Raw material may be a plant product, mineral, energy or
ecosystem-based service
Benefit Distribution
Natural                          Saleable
  Heritage      Raw Material       Product



                 Revenues to       Buy-Sell
                  Collective      Agreement


Investment in   Distribution of   Collective
Conservation      Revenues        Members


                Administration

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Distributing the Benefits of Nature's Bounty: A Social Justice Perspective

  • 1. Distributing Benefits: A Timeless Challenge  Services and raw materials from natural heritage scarce  Prone to shifts in social and cultural norms  Common pool resources require some special attention  Lots of issues
  • 2. Why Benefit Distribution is Challenging  Global debate about conservation  Growing population with changing consumption patterns  Global level processes stress natural heritage  Political and moral ideologies in flux  Knowledge is expanding
  • 3. Community Level  Access is important for vulnerable populations  Dependency on access to natural resources
  • 4. Access to Nature’s Bounty  It is a matter of justice or fair treatment
  • 5. Framing the Challenge  Framing natural resource problems is difficult  Wicked and messy character  Scientific disagreement on cause-effect relationships  Lack of social agreement on goals  Inter-connected problems  Can’t solve one problem without affecting others  Don’t solve problems, but resolve them
  • 6. Benefit Sharing and Benefit Distribution: Different Decisions, Similar Questions  Literature often unclear  Convention on Biological Diversity unclear on what it means  Moral approach sees sharing as an act of beneficence  Policy arena sees sharing as a non-voluntary act
  • 7. How terms will be used in this presentation  Benefit sharing – A fair exchange of value between a willing seller (collective) and willing buyer  Benefit distribution – apportionment of benefits received by a collective to members of that collective
  • 8. Social Justice Framing  Social justice – objective is the basic structure of society … way in which major social institutions distribute fundamental rights and duties … – Rawls 1971  Institutions lose their legitimacy when decisions are not just in the eyes of citizens and residents
  • 9. Three Types of Justice Underpin Benefit Sharing and Distribution  Commutative – fair exchange of value  Distributive – apportionment of benefits and burdens  Procedural – the rules by which society makes decisions
  • 10. Commutative Justice  Seeking a fair exchange – trades of equivalent value  The heart of benefit sharing  Implemented through  Prior informed consent  Mutually agreed terms  Policy
  • 11. Distributive Justice  How benefits and burdens are apportioned to members of a collective  The focus of benefit distribution  Implemented through policy decisions  Goal is fairness  But what is fair?
  • 12. Procedural Justice  The rules by which society makes decisions  Underlies both distributive and commutative justice  Implemented through good governance principles, e.g.  Transparency  Inclusiveness  Responsibility  Accountability
  • 13. Commutative Distributive Justice Justice Procedural Justice
  • 14. Major Benefit Distribution Decisions 1. Current members or future members 2. Community or individual (household) scale 3. Goals of distribution 4. Capacity to make decisions
  • 15. 1. Benefits distributed to current or future members  Provision of opportunities  An issue of intergenerational equity
  • 16. 2. Community or individual scale  Community scale – basic services needed by all members  Clinic, school, library, police, fire  Individual scale – individuals decide what to do with benefits  Raise income  People spend income on their sense of need
  • 17. 3. Determining Distributive Justice Goals  Equality – every member receives the same apportionment  Treats everyone the same regardless of circumstances
  • 18. 3. Determining Distributive Justice Goals  Equity – benefits apportioned according to merit or some other measure  Favors those who engage collective activities or who hold promise for improving collective quality of life
  • 19. 3. Determining Distributive Justice Goals  Need – benefits apportioned to those most vulnerable  Poor  Sick  Dependency
  • 20. 4. What Governance Capacities are Needed  Decision making – identifying who should get what amount from whom  Focus on procedural justice  Understanding consequences  Explicitness in policy development  Administration – good business practices  Accounting  Paper trails  Audits
  • 21. Lessons Learned  Ambiguous definitions of benefit sharing and distribution stifle research and thwart effective social discourse, creating confusion and conflict
  • 22. Lessons Learned  Any benefit distribution mechanism will discriminate against some group  What is fair?
  • 23. Lessons Learned  What is “fair” is highly situational specific, often contested, and depends on the interest dominating discourse
  • 24. Lessons Learned  Building capacity to negotiate is critical to creating opportunities for commutative justice.
  • 25. Lessons Learned  Building capacity to decide is critical to distributive justice
  • 26. Lessons Learned  How benefits are created remains an important question for science and policy and needs debate for progress to be made
  • 27. Conclusions  Benefit distribution occurs within a complex social-ecological system defying simplistic solutions  Research can help policy understand choices and consequences  Using a social justice perspective clarifies goals and processes used in benefit distribution policy
  • 28. Thanks to: Wayne Freimund, UM Bimo Nkhata, Monash Patrick Graz, Polytechnic Karine Nuulimba, IRDNC Selma Lendelvo, UNAM Oliver Pierson, MCC Maxi Louis, NACSO Tyron Venn, UM Alfons Mosimane, UNAM Chris Weaver WWF-Namibia
  • 29.
  • 30.
  • 31. Convention on Biological Diversity  Third objective: “the fair and equitable sharing of the benefits arising out of the utilization of genetic resources …”  Bonn Guidelines  Nagoya Protocol Requires that “benefits arising from the utilization of genetic resources … shall be shared in a fair and equitable way with the Party providing such resources …”
  • 32. Definition Goal Benefit Shared Citation Charitable Care for Human Aid, Technical Giving Beings Assistance Fair Exchange Commutative Justice Money, Artuso 2002 of Value Technology, Moran 2000 Training, Schroeder 2007 Knowledge Mitigation Payment for Costs Money Mogera and Incurred by Local Tsioumani 2010 Residents Baldus, et al. 2003 Incentive Encourage Money, Meat Johannesen and Conservation Practice Skonhoft 2005 Compensation Restitution for Past Money, Shared Magome 2003 Injustice Decision Making Kepe et al. 2005 IUCN 2003
  • 33. Benefit Sharing Raw material may be a plant product, mineral, energy or ecosystem-based service
  • 35. Natural Saleable Heritage Raw Material Product Revenues to Buy-Sell Collective Agreement Investment in Distribution of Collective Conservation Revenues Members Administration