“Unha chamada ao recoñecemento legal dos lugares naturais e territorios sagrados, and their Customary Governance Systems” was released by Gaia Foundation and African Biodiversity Network. O informe proporciona á Comisión Africana de Humanos e Pobos’ Rights with persuasive and substantive arguments relating to a core element of original African traditions and calls for a decisive policy and legislative response on the matter. Read the full report or visit the website of Fundación Gaia.

The report is based on a statement, by custodian communities from six African countries and provides a body of legal and policy support for the custodians’ statement, drawn both from the African Charter as well as from international and domestic law.

Os xacementos naturais sagrados son a fonte de vida. Lugares naturais sagrados son de onde procedemos, o corazón da vida. Son as nosas raíces e a nosa inspiración. We cannot live without our sacred natural sites and we are responsible for protecting them. Orixe: Custodiantes’ Declaración.

It reminds us that the African Charter commits member states to respect and maintain plural legal systems, and recommends that African countries should recognise a priori legal systems as part of their commitment to a proud African identity, to better navigate a development path where the integrity and heritage of the continent is maintained.
Key points of the report:

• Sacred natural sites play a critical role in protecting biodiversity, essential for building climate change resilience.
• Custodian communities, of sacred natural sites who maintain customary governance systems play an essential role in preserving the traditional values of Africa.
• Sacred natural sites are the bedrock of customary governance systems require legal protection.
• Plural legal systems include customary governance systems and form an essential component of respecting the essence of Africa,
• Sacred natural sites and territories should be recognised as no-go areas for mining and other destructive or extractive activities.

The report also calls for the recognition and protection of sacred natural sites from any form of destruction – including mining and land grabbing – as a prerequisite for realising African peoples’ inalienable rights enshrined in the Africa Charter, including the right to hold and practice traditional morals, values and culture. A discussion of global precedents, Africa’s plural legal systems and case studies from Benin, Ethiopia and Kenya are also included.

Orixe: adapted from Fundación Gaia.