Social and Conservation Documentary photographers - Prior informed consent

[NoahJackson]

Greetings,

My work deals with sensitive and often
marginalized indigenous communities living in Southeast Asian
forests. I need some help dealing with some critique to my
work. There are some additional things I can do to be fully
covered, but I'd like to here what you all have to say.
Please note, as you read, I donate thousands of dollars per
year in time and effort to causes of forest peoples. I also
sell my work in the US and plan to return to the art show
circuit for a few months this coming summer.

Essentially, the situation is that I have been accused of not
having "free prior informed consent" of photographing
indigenous people in one of the communities where I've
worked. The situation is that there is another NGO
(non-governmental organization) that tends to be very
polarizing; they may not like that I'm infringing on their
"territory." I worked with this organization briefly to
conduct community photography workshops and prepare some
community images for the World Conservation Congress in 2009.
Local people presented community images and the images I
made; I did not have funding for the conference.  Funding
came for my own work on this project came from a foundation
that supports work like mine. I don't want the funder to here
about this but I believe they have already been informed.

I was paid a small stipend for my work and sell a couple of
the images on the website that highlight some of the issues.
The contract did not specify that I could not sell images.
Sales paid for all kinds of stuff that I would not have been
able to fund, such as a documentar NGO I'm starting
and for my work in the community.  I have been threatened
with a police report. These threats don't really mean
anything but my reputation could suffer and I may not be able
to cope with some of the harassment given other challenges of
working in the region.

I'm essentially self-funded unembedded conservation
photographer, so I take these issues seriously. I pay guides,
assistants and workshop facilitators very well and, in this
case, and others, they are all "local." This is one of the
things that separates my photography and writing and research
from others. It's what makes the entire initiative a "we"
instead of an "I."

For some of the discussion, you can see this blog:
http://eskapisminda.blogspot.com/2009/10/n...ackson-lesly-le
on-lee-and-forest.html

For some of the more positive press, see
http://shimworld.wordpress.com/2009/11/05/...t-voices-by-noa
h-jackson/

In the very negative email I received, I was also accused of
"repeated misconduct and blatant disregard for the rights of
indigenous peoples as stated under the UN Declaration on the
Rights of Indigenous Peoples."

Up until recently, I've had the necessary permits for
photography and work.  I also know that other photographers I
know -- even at the National Geographic level -- do not use
rights releases or go to the trouble of getting permits or
having subjects sign rights releases.

This is someone who doesn't like me; this is also about
selling a couple of images to gain support.  I need help and
have sent this email to others in my close creative network
and will shortly send this out to Malaysian contacts.  Until
I get significant grant funding, I also have to continue with
selling prints as one of the funding streams to fund my work.

Much of my work is beyond just making images-- it's about
trying to create action and projects. This is very hard; more
days than not its a real fight. Many days, all the work is
exhausting me. I need help.  I am working on a community
benefit statement; some of which has actually been shared
with people whom I work.

Here are the solutions I am working on to address future
problems like this:
1. Community benefits and collaboration statement.
2. Detailed information about community benefits available
under my creative commons copyright.
3. Detailed financial records of photography projects,
expenses and proceeds to be made available on the web.
4. I am thinking about finally joining NAPP. I am also
thinking about hiring a local lawyer.
5. I am working on new contracts with everyone who I work
with -- especially those who fund some of my work. This
contract will include my community benefit statement.

One final note: the images in question are the majority of the people images from this gallery:
http://hopeinlight.com/Trees-Landscapes-People/index.html

Note that there are some very sensitive issues that represent community knowledge that are not on the site.... But, after thinking about this, perhaps those images also should be. The images are otherwise not online and this is the kind of documentary work that is so important to get out to the world.

I'm looking forward to hearing your thoughts; I welcome private emails as well.

In photographic solidarity,
Noah

[Justan]

> Essentially, the situation is that I have been accused of not
having "free prior informed consent" of photographing
indigenous people in one of the communities where I've
worked. The situation is that there is another NGO
(non-governmental organization) that tends to be very
polarizing; they may not like that I'm infringing on their
"territory." I worked with this organization briefly to
conduct community photography workshops and prepare some
community images for the World Conservation Congress in 2009.

This is way out of my league but I’ll toss out a few thoughts.

Were it me, at this point I’d find an attorney who has knowledge of the area and the local laws. I would ask this attorney for advice. Otherwise the best you’ll get is the encouragement of those who don’t necessarily know the legal issues. Spending money on legal guidance is every bit as important as spending money on camera equipment or spending to help the communities. It amounts to “CYA” kind of preparations.

To the topic of consent: either you have it or you don’t. People will use any tools available to them to push competitors away. Don’t give them the opportunity. The “gee mom, everybody else does it” kind of defense is great for conversations on the web but it isn’t worth anything when someone places the burden of proof upon you.

On the other hand, if an impartial local to the community court is willing to accept what you are doing as acceptable common practice or the equivalent, then that is a workable defense. But you need to know in absolute terms what is acceptable. More importantly, when looking to the future you will want to be sure you don’t end up with this problem again.

The fact that you clearly do a lot of things right and appear to be very supportive of the communities will continue to be of benefit to you. Don’t let someone push you around but also don’t act out of arrogance – do your due diligence and move on.

Best of luck!

[BFoto]

How bout instead of an lawyer, high a PR firm.

A PR firm will certainly be able tofight fire with fire on your behalf, to demonstrate to the local but also the broader national community, the good work you are doing.

Also, have the PR firm call out the "Other NGO' on there eligal behavour. NGO's are not suppose to plat that sort of politics. Get the lawyer to go to a "GO" Government organisation/represntative who shares your ideas, and to highlight the politics being played by the NGO.

Appeal to the World Conservation Congress, with whom you summited work.


??

[feppe]

Good advice above. May I add engaging in dialogue with the NGO who sent you the nastygram, and trying to find a win-win situation for you, them, and the indigineous people. Might be helpful to bring one of those guides or locals you've been working with in the past to a meeting.