NbS are based on inclusive, transparent and empowering governance processes
This criterion requires that NbS identify, acknowledge, recognize, respect and include stakeholders and rights-holders, including Indigenous Peoples, local communities and vulnerable groups, who are directly or indirectly impacted by the NbS intervention, in decision making processes at all levels and throughout the NbS lifetime. At a minimum, NbS should adhere to and align with the prevailing legal and regulatory provisions, particularly those regarding Indigenous Peoples and local communities’ rights. Governance provisions should be clear on where legal responsibilities and liabilities lie. However, as often is the case with natural resources, basic compliance should be complemented with ancillary mechanisms that actively engage and empower affected stakeholders and rights-holders.
If Indigenous Peoples and local communities are potentially impacted by the intervention, the NbS should not diminish or extinguish the rights that they currently have or may acquire in the future. NbS should respect their collective rights, including their right to Free Prior and Informed Consent (FPIC) before any implementation. Inclusive governance arrangements mean that Indigenous Peoples and local communities participate fully and effectively through their representatives designated by them, following their own procedures, to avoid that otherwise well-intended actions adversely affect the legitimacy of benefit and cost sharing arrangements.
5.1 Stakeholders, rights-holders and Indigenous Peoples who are directly and indirectly affected by the NbS have been identified and are invited to fully and effectively participate in all processes
Stakeholder mapping and analysis identifies those who may be directly and indirectly, positively or negatively, impacted by the NbS. Rights, uses and responsibilities of stakeholders, rights-holders, Indigenous Peoples, local communities, and vulnerable groups in relation to the NbS should be assessed and documented. This allows the intervention to afford opportunities to impacted parties to engage with and fully and effectively participate in the design and implementation of the NbS, advocate clearly to uphold their rights and interests, and where necessary, to prevent further marginalisation. This is particularly important when dealing with Indigenous Peoples: their rights to Free, Prior and Informed Consent (FPIC) should be upheld and respected.
5.2 A defined and fully agreed upon grievance and conflict resolution mechanism is available, accessible and implemented.
Grievance and conflict resolution mechanisms can include formal, legal or informal non-legal complaint systems that operate according to a clear set of procedures, roles and rules for receiving complaints and providing a remedy. Effective grievance and conflict resolution mechanisms are characterised by their acceptance and legitimacy among impacted stakeholders, rights-holders, Indigenous Peoples, local communities and vulnerable groups, as well as their transparency, accessibility and adherence to rights-based approaches. They should operate in a predictable and equitable manner and be based on engagement and dialogue. The mechanisms should be culturally appropriate considering indigenous and local languages and regularly reviewed and adapted (Criterion 7).
5.3 NbS are based on inclusive participation, mutual respect and equality, regardless of gender, age, ethnicity or social status.
For governance arrangements to function effectively, the enabling conditions should be guaranteed and affected stakeholders, rights-holders, Indigenous Peoples, local communities and vulnerable groups need to be equipped with the right information at the right time, in a language that they understand, and their inputs need to be meaningfully addressed. In doing so, a conscious effort is required to ensure that Indigenous Peoples, local communities and vulnerable groups are actively brought into the process in a manner that upholds their dignity and encourages their full and effective participation. This is particularly the case when an NbS intervention operates or impacts on the lands, waters and territories of Indigenous Peoples, where their right to self-determine interventions and outcomes should follow established Indigenous Peoples Free, Prior and Informed Consent (FPIC) rights and protocols.
5.4 Decision-making processes document and respond to the rights and interests of affected stakeholders, rights-holders, Indigenous Peoples and local communities.
It is important that transparent and accessible documentation records key steps in NbS decision-making procedures. This helps enhance accountability and provides a strong basis for recourse in the case of any disputes or disagreements. Specific attention should be paid to noting which stakeholders and rights-holders, Indigenous Peoples, local communities and vulnerable groups, were involved in decision-making and the role they played. This is particularly important where persistent or structural injustice exists so that processes can be adapted to actively encourage full and effective participation of those most affected by inequity.
(OPTIONAL) 5.5 Where the scale of the NbS extends beyond jurisdictional boundaries, mechanisms are established to enable joint decision making among stakeholders and rights-holders in the affected jurisdictions.
Ecosystems do not follow political and administrative borders. Where the scale of the NbS extends beyond jurisdictional boundaries, mechanisms should be established to enable joint decision-making among stakeholders and rights-holders in those jurisdictions affected by the NbS to help ensure coherency and consistency of approach and desired outcomes.
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