Description:
Foreword:
"Since the Convention on Biological Diversity acknowledged the relevance of ?traditional
knowledge, innovations and practices of indigenous and local communities” for
biodiversity conservation, the past two decades have witnessed a growing
acknowledgement of the substantial role that customary law plays in regulating the use
of natural resources in many countries. Indigenous peoples? associations have become
ever more effective advocates for recognition of customary rights to territory and
resources and have increasing influence in international negotiations.
The role of customary practices in biodiversity conservation is explicitly acknowledged in
the Aichi Targets adopted at the 10
th
Conference of the Parties to the Convention on
Biological Diversity in October
2010. Target 18 sets the goal that, by 2020, ?the
traditional knowledge, innovations and practices of indigenous and local communities,
relevant for the conservation and sustainable use of biodiversity, and their customary
use of biological resources, are respected, subject to national legislation and relevant
international obligations, and fully integrated and reflected in the implementation of the
Convention with the full and effective participation of indigenous and local communities,
at all relevant l
evels.”
IUCN?s Regional Environmental Law Programme, Asia, initiated this study
?
carried out
entirely on a voluntary basis
?
in an attempt to better understand the degree to which
customary practices and law that govern natural resources are recognized by individual
nation States. The study found that more than 60% of the 190 constitutions reviewed
provide at least some degree of recognition of customary law, and that only 20%
specifically recognize customary law that governs land and natural resources.
Some countries that do not provide constitutional recognition of customary law do so by
statute. While constitutional recognition was the primary focus of this study, a
preliminary compilation of information on statutory recognition of customary law was
carried out and is provided as well.
This effort benefitted from the input of members of IUCN?s Commission on
Environmental Law and Commission on Environmental Economics and Social Policy.
We gratefully acknowledge the author, Ms. Katrina Cuskelly, who began this study as a
volunteer intern with the IUCN?s Regional Environmental Law Programme, Asia, and
continued and completed the work over the course of more than one year. Without her
dedication and commitment, this study would not have been possible.
We hope that this study provides a basis for continuing research and, eventually,
initiatives for constitutional and statutory reform, to appropriately recognize customary
law governing natural resources, and to contribute to the security to the people
whose
lives it governs and who are dependent on the natural resources"
Source/publisher:
IUCN
Date of Publication:
2011-00-00
Date of entry:
2016-01-03
Grouping:
- Individual Documents
Category:
Language:
English
Local URL:
Format:
pdf
Size:
1.25 MB