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. Recommendations for Legislating for Integrated Socio-ecologicalSystems and Implementing Laws in Conformity with HumanRights StandardsThe effect that legal and institutional fragmentation has had on otherwise interconnectedsystems cannot be overstated. What is required is a shift from a disaggregated anddiscriminatory approach to the law to one that supports Indigenous peoples and localcommunities and the ecosystems and broader territories and areas upon which theydepend. Governments should legislate for dynamic landscapes, seascapes and humanenvironmentsystems, not for their constituent components as distinct entities. This needsto be augmented by the integrated implementation of laws in conformity with human rightsstandards alongside localized, bottom-up efforts.Recognize and Respect Customary and Collective Land and Resource RightsThe research strongly underscores the critical importance of legal recognition of Indigenouspeoples’ and local communities’ (including women therein) customary and collective landand resource rights to maintaining the integrity of their ICCAs. Yet, many Indigenous peoplesand local communities have only de facto rights to their territories and resources, not formallegal rights recognized by the state. Accordingly, land tenure systems that recognize andrespect customary and collective land and resource rights are urgently required. Notably,any land tenure reforms must accord with the local populations’ customs (while requiringlegitimate equity considerations), especially providing for collective or communal tenurewithout imposed restrictions or requirements for ‘development’ or other uses. Such reformsshould also include simpler procedures with lower costs and fewer bureaucratic barriers torealizing those rights.Customary and Collective RightsIn terms of current legislation, the Fijian i Taukei Lands Act provides in Section 3 that ‘nativelands shall be held by native Fijians according to native custom as evidenced by usage andtradition.’ This provision allows for a broad spectrum of usage and governance rights definedby native custom andtradition, as well as beingsubject to the regulationsmade by the iTaukei AffairsBoard. Section 21 of theForest Decree gives provisionfor the customary rights ofnative Fijians on native landand the right to exercise anyrights established by nativecustom such as hunting,fishing or collecting wildfruits and vegetables.According to Section 13 ofthe Fisheries Act, it is anoffence to fish or collectshellfish without a permit for A ridge-to-reef seascape from Waya Island, Fiji. © Stacy Jupitertrade or sale in an area
where the fishing rights or qoliqoli (traditional fishing grounds) of a mataqali (clan) arerecognized in the Register of i Taukei Customary Fishing Rights; members of the mataqalithemselves are excepted. This allows for the involvement of communities in the governanceof the coastal zones and the application of customary laws to regulate the i qoliqoli in someinstances. Notably, by 2011, there were over 149 Locally Managed Marine Areas (LMMAs)managed by 400 communities, covering half the area of Fiji’s qoliqoli.Reform Environmental and <strong>Natural</strong> Resource Laws to Enhance Rights andRemove Direct Threats to ICCAsFirst, states should ensure the full and effective participation of Indigenous peoples and localcommunities, including women, in all decision-making processes related to the environmentand natural resources. Second, states should reform environmental and natural resourcelaws to fully comply with international human rights instruments and customary laws oftraditional authorities. Third, states should remove subsidies and perverse incentives forlarge-scale, industrial methods of extraction, production and development that threatenICCAs directly or indirectly. Fourth, states should review existing concessions and withholdthe issuance of new titles or licenses that may conflict or overlap with ICCAs withouteffective realization of the right to FPIC and other international and customary rights andprocedures of the affected peoples or communities.Integrated Socio-ecological SystemsNamibia’s Communal Conservanciesare based on the Policy on WildlifeManagement, Utilisation andTourism in Communal Areas (1995)and the subsequently enactedNature Conservation AmendmentAct (1996). The Act provides forrural communities to formconservancies and gain use rightsover wildlife and tourism within theconservancies.Article 96 of Panama’s Wildlife Law(1998) states that the NationalEnvironmental Authority willcoordinate all matters related to theenvironmental and naturalresources in Indigenous peoples’territories with the traditionalCommunity game guards download GPS data during the annualgame count in the Mayuni Conservancy, North Eastern Namibia.© Olga Jonesauthorities of the relevant peoples and communities. The law also stipulates in Article 104that when authorizing the use of natural resources in Comarcas or the lands of Indigenouspeoples, projects presented by the members of the community will be preferred, providedthey meet the conditions and procedures established by the competent authorities.
Page 2 and 3: “First Nations have always practi
Page 4 and 5: CONTENTSEXECUTIVE SUMMARY1. THREATS
Page 6 and 7: Main RecommendationsTo recognize an
Page 9 and 10: 1. THREATS TO ICCAsThere are three
Page 11 and 12: constituted areas such as conservan
Page 13 and 14: 2.2 Non-legal Recognition and Suppo
Page 15: 3. LAWS AND STATE INSTITUTIONS CONT
Page 18 and 19: Despite this, however, national and
Page 20 and 21: hinders communities’ abilities to
Page 22 and 23: illegal.In Senegal, the marine real
Page 24 and 25: In Namibia, support to conservancie
Page 26 and 27: 5. KEY RECOMMENDATIONS: RECOGNIZE A
Page 28 and 29: Human Rights and Constitutional Ref
Page 32 and 33: Reform Policies and Laws to Effecti
Page 34 and 35: Create an Enabling Environment for
Page 36 and 37: autonomy and self-determination wit
Page 38: This publication describes and anal

English - Natural Justice

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