11.07.2015 Views

English - Natural Justice

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4. RESILIENT COMMUNITIES, HEALTHY ICCAsIn spite of the above challenges, communities have shown marked resilience to overcomediscriminatory legal, economic and social systems. There are a large number of examples ofthriving ICCAs in otherwise hostile legal environments. Similarly, where ICCAs have beendirectly threatened, Indigenous peoples and local communities are showing themselves tobe highly adept at resisting egregious threats and engaging state and non-state actors toachieve their aims. In sum, many ICCAs have survived largely as a result of the strong willand dedication of the Indigenous peoples and local communities who govern them (whetherde facto or de jure), rather than due to any legal or non-legal recognition by governments orother actors.Nonetheless, appropriate legal, administrative and social recognition – coupled withreduction of both structural and systemic barriers to their rights and of external threats totheir territories and resources – are indispensable conditions for Indigenous peoples andlocal communities to reclaim previously alienated ICCAs and maintain the integrity of theirICCAs for generations to come. Central to this is the recognition and appreciation of themultiple roles and benefits of ICCAs, which include realizing human rights, conserving andsustainably using biodiversity, eradicating poverty, securing livelihoods, food and watersovereignty, and mitigating and adapting to climate change, among others.Recommendations about how to do this are set out in the next section.The Inuit of Nunavut have a comprehensive agreement with the Government of Canada.Nunavut is the largest, northernmost, and newest territory of Canada, officially separatingfrom the Northwest Territories on 1 April, 1999 (via the Nunavut Act and the Nunavut LandClaims Agreement Act). Being the dominant population in Nunavut, the Inuit of Nunavuthave qualified opportunities to exercise customary law. For example, the Nunavutgovernment requires the application of Inuit knowledge (Qaujimajatuqangi) for thegovernance of the environment in the territory.(Left to right) Hunting party with dogsleds; caribou; igloo (traditional homestead). © Nunavut Wildlife Management Board

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