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COMMUNITIES, RIGHTS, AND CONSERVATION
Ashish Kothari
Kalpavriksh &
ICCA Consortium
Indigenous peoples and local communities are the world’s oldest
‘conservationists’
range of indigenous peoples’ and local community conservation ...
sacred spaces &
habitats…
Sacred lake, Indian Himalaya
Chizire sacred forest, Zimbabwe
Sacred crocodile pond, Mali
Forole sacred mountain
Borana/ Gabbra Ethiopia/ Kenya
indigenous territories and cultural landscapes/seascapes…
Paruku Indigenous PA, Western Australia
Caribou crossing
site in Inuit territory, Canada
Alto Fragua Indi-wasi National Park, Colombia
range of indigenous peoples’ and local community conservation ...
territories & migration routes of nomadic herders / mobile indigenous peoples
Wetlands in Qashqai mobile peoples’ territory, Iran
range of indigenous peoples’ and local community conservation ...
sustainably-managed resource
reserves (those with substantial wildlife
value)
Parc Jurassien Vaudois, Switzerland
Qanats, Central AsiaCommunity forests in India, Nepal, Bangladesh (CHT)
range of indigenous peoples’ and local community conservation ...
sustainably-managed wetlands, fishing grounds and water bodies…
Lubuk Larangan river, Mandailing, Sumatra Coron Island, The Philippines
Baikka beel and other wetlands in Bangladesh
range of indigenous peoples’ and local community conservation ...
Traditional village heronry, Kokare Bellure, Karnataka
Blackbuck (Antilope cervicapra) - Protected by the Bishnoi community, Rajasthan/Punjab
Wildlife populationsnesting, roosting, feeding habitats
Rushikulya turtle conservation, Orissa
Indigenous Peoples’
and Community Conserved
Territories & Areas (ICCAs)
natural and modified ecosystems with significant biodiversity, ecological functions and
cultural values voluntarily conserved (or restored/regenerated) by
indigenous and local communities through customary laws or other effective means
Three defining features of ICCAs(not all indigenous/community lands are ICCAs!)
Predominant decisions by community (regardless of land or resource ownership)
Community has rules or institutions for governance and management
Community management is achieving conservation (regardless of objectives)
Extent of ICCAs? No comprehensive estimate availableSome examples: – Worldwide: 500 million ha of forests (15% of the world’s total)
under community ownership or management (2011); of this, about 90% under some level of conservation management (based on Molnar et al. 2004).
– Brazil: 1/5th of Amazon under indigenous reserves (5X govt PAs, and achieving equal or better conservation; Nepstad et al 2006)
– Philippines - over 60% of forests in indigenous territories; 4.5 m.ha. recognised as Ancestral Domain (Pedgragosa 2012)
– Australia: 25% of protected area estate are Indigenous PAs (Govan/Grant 2012)
– Namibia: 14 m.ha. community forests & conservancies (Jones 2012)
– Fiji: 1.7 m.ha. under Locally Managed Marine Areas (100% of marine PAs; Govan 2012)
– Mexico (Oaxaca): 82% forests community owned/managed (Martin et al 2010)
– South Asia: Thousands of unrecognised ICCAs (no estimate)
What is the worldwide significance of ICCAs?
Could double the earth’s coverage of protected areas or effective conservation sites! Maintain/restore critical ecosystem functions and ecological connectivityAre the basis of livelihoods and cultural identity for hundreds of millionsAre site-specific, adaptive, built on sophisticated ecological knowledge YET MOSTLY NOT RECOGNISED
Walalkara Indigenous PA, Australia
Shimshal Community Conserved Area, Pakistan
Setulang river, Indonesia
expand the total coverage of conservation sitesaddress gaps in the systemimprove connectivity in the landscapehelp restore ecosystems and wildlife populationsenhance public support for conservationincrease the flexibility and resilience of the systemhelp mitigate and adapt to climate change
combining a variety of categories and governance types in a national system of protected areas & conservation sites can:
Chilika Lagoon
B a y o f B e n g a l
Forest and wildlife revival at Jardhargaon (Indian Himalaya): black bear, leopard, over 120 spp. of birds…
Regeneration and increase in density of forests at Satara TukumForest regeneration and density increase in co-managed (JFM) forest, Satara Tukum, Maharashtra (India)
Customs / strategies …
Social fencing Sanctions/fines/penalties Fire / grazing /logging control (not
necessarily complete suppression)Community patrolling Assisted restoration (limited)Control of invasives
Diverse governance/management institutions
ICCAs also link wild and domesticated biodiversity, and associated cultures…providing
resilience, adaptation, food security
Challenges & threats ICCAs face
Unclear or weak legal status and tenure Lack of social and legal recognition as ICCAsLack of information on ecological and social valuesInappropriate ‘development’ processes (mining, agricultural expansion, dams…)Imposition of non-participatory govt protected areasInadequate livelihood optionsInternal inequalities, political vested interestsCultural and aspirational changes
Global Study on ICCA Recognition and Support
(ICCA Consortium, IUCN TILCEPA, Kalpavriksh, Natural Justice)
19 country case studies, global overview:
Analysis of legal recognition (rights, access, etc)
Analysis of non-legal recognition & support (social, economic, etc)
Crucial ingredients of a secure ICCA
Clear tenurial rights (territory, resources)Recognition of collective decision-making
authorityPrior informed consent provisionsCustomary &/or statutory lawClear cultural, economic, ecological, &/or
political linkage with site/resourceContinued traditional knowledge
(complemented by modern knowledge)
Three ways to legally recognise ICCAs (distinct or overlapping)
As part of protected area system (e.g. in PA law)
As part of more general conservation measures (e.g. in biodiversity law)
Embedded in recognition of indigenous peoples, decentralised governance, etc (e.g. in Constitution, or land law, or village council law)
Progress of legal recognitionForests under community ownership/management, up
from 10 to 15% in last decade (RRI 2012)Brazil, Bolivia, Columbia, Australia: indigenous territories
designated in ~200 hundred m.ha. Philippines: Ancestral Domain titles to many indigenous
territories, could go up to 6-7 m.ha. India: Community Forest Rights (incl. use/management)
under Forest Rights Act to ~ 0.5 m.ha. (potential >30 m.ha.)Kenya, Namibia, Tanzania: community forests &/or
conservancies, with full management and use control, several m.ha.
Iran: much of country under mobile peoples’ territories, with increasing recognition
Major new international tools for ICCAs…
1. U.N. Convention on Biodiversity
2. UN Declaration of the Rights of Indigenous Peoples
3. IUCN protected area categories
4. UNEP protected area database
IUCN matrix of protected areas categories and governance types (2008 IUCN Guidelines)
Governance type
Category(manag. objective)
A. Governance by Government
B. Shared Governance C. Private Governance
D. Indigenous Peoples & Community Governance
Federal or national ministry or agency
Local/ municipal ministry or agency in change
Government-delegated management (e.g. to an NGO)
Trans-boundary management
Collaborative management (various forms of pluralist influence)
Joint management (pluralist management board)
Declared and run by individual land-owner
…by non-profit organisations (e.g. NGOs, univ. etc.)
…by for profit organisations (e.g. corporate land-owners )
Indigenous Peoples’ Territories &Conserved Areas—declared and run by Indigenous Peoples
Community Conserved Areas—declared and run by traditional peoples and local communities
I - Strict Nature Reserve/ Wilderness Area
II – National Park (ecosystem protection; protection of cultural values)
III – Natural Monument
IV – Habitat/ Species Management
V – Protected Landscape/ Seascape
VI – Managed Resource
Challenges of recognition…Imposition of uniform
rules & prescriptions (e.g. Community Reserves in India; tagal fisheries in Malaysia)
Grafting ‘jointness’ or govt role onto community governance (e.g. JFM on Van Panchayats in India; PA status to CFs in Mexico)
Joint Forest Management vs.
Community Forestry (India)Conservation/restoration by whom, for whom?
Govt vs. community governance Unclear vs. clear tenure Access/benefits as concessions vs. rights Timber vs. non-timber forest produce Uniform vs. diverse institutional arrangements Administrative vs. legal backing
At least 100 villages in Nagaland have declared forest and wildlife reserves under Village Council Act, helping restore
or protect forests and wildlife
Luzaphuhu WL reserve
Forest reserve of Chizami and 5 villages
Sendenyu WL reserve, with its own “Wild Life Protection Act”
In contrast … recognition of diversity of local initiatives (e.g. Philippines, Australia, Nagaland)
What is needed for ICCAs? Identification and documentation, mapping Study of ecological & socio-economic values Legal and policy measures for recognition and
support (esp. tenurial/territorial rights)Building capacity for more effective conservation /
restoration, management planning, livelihood enhancement
Generating livelihoods (appropriate development)Resolving human-wildlife conflictsRegional level and national networksAlert system for ICCAs under threat
for more information:
www.iccaforum.orgwww.kalpavriksh.org