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English - Natural Justice

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the traditional use of natural resources isprohibited, which also has significantnegative impacts on the traditionalknowledge of the affected peoples. Thereare a number of ongoing disputes about thecreation of parks on ICCAs.Similarly, in Namibia, where provision hasbeen made for conservancies, neitherpolicies nor legislation recognize the landrights or basic human rights of people livingwithin state protected areas. There are nolegal provisions for involving people livingwithin or around the parks in planning,governance or management processes.Although many conservationists promote the strictprotection of major predators without the presence ofpeople, leopards and lions are also being conserved inICCAs in North Western Namibia. © Brian Jones3.4 Non-legal Recognition and Support of ICCAsRemains Absent, Weak, or InappropriateNotwithstanding a number of progressive measures in several countries that provide nonlegalrecognition and support to ICCAs, there remain significant gaps and weaknesses inmost countries.a. Administrative and Programmatic Recognition is Absent or WeakICCAs are often excluded from governmental programmes and schemes or figure only inmarginal terms, especially where they do not have legal recognition. Even national plans andprogrammes for biodiversity or wildlife conservation or sustainable use of biologicalresources often lack focus on ICCAs. Very seldom do poverty eradication or ruraldevelopment programmes consider ICCAs (or more generally the practices of Indigenouspeoples and local communities) as potentially effective ways of securing livelihoods,providing jobs, or in other ways achieving poverty- and development-related goals.b. Financial, Technical, and Developmental SupportLinked to the general lack of legal, administrative or programmatic recognition, manycountries do not have dedicated funds for or technical and developmental programmesoriented to the particular situations of Indigenous peoples and local communities or theirICCAs. Even where there are programmes for Indigenous peoples and local communities,they do not often support their own resource use and management traditions or institutions.Particularly weak is the provision of funding or technical support for activities such as legalempowerment, mapping and building capacity for reclaiming rights to and management oftraditional territories and areas. In several places where such support does exist, it can beinappropriate in imposing uniform and gender-insensitive institutional structures, overlyrestrictive rules and regulations, and conditions that end up undermining the autonomy anddiversity of local arrangements.

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