How Indigenous lawyering and community protocols are shaping climate justice in Southern Africa.
When elders from a coastal community gathered under a milkwood tree to review a proposed extractive project, they didn’t start with spreadsheets. They began with protocol: who speaks first, where the lineage of the land comes from, and what obligations the living owe to ancestors and to the sea. That meeting didn’t just “consult” the community — it exercised jurisdiction rooted in Indigenous knowledge. Weeks later, armed with a community protocol, maps of sacred sites, and affidavits from fishers and harvesters, the community challenged the project and won a pause pending proper consent.
This is what biocultural rights look like in practice — and it’s at the heart of ACRRA’s work.
What are biocultural rights (in plain language)?
Biocultural rights recognise that a people’s culture and their territory are inseparable. They protect the right of Indigenous Peoples and Local Communities (IPLCs) to steward land and ocean according to their knowledge systems, customary laws, and responsibilities. In real terms, that means:
- Deciding what happens on ancestral lands and waters (not just being “consulted”).
- Practising livelihoods — fishing, farming, herding, foraging — in ways that sustain ecosystems.
- Safeguarding sacred sites, languages, and ceremonies that carry ecological knowledge forward.
These rights align with international norms like Free, Prior and Informed Consent (FPIC) and strengthen constitutional and customary protections across the region.
How Indigenous lawyering makes a difference
At ACRRA, Indigenous lawyering is more than litigation; it’s a strategy that starts in the community and reaches the courtroom only when needed.
- Legal empowerment first
We work with communities to document customary law, build community protocols, map territories, and translate rights into practical tools — from grievance letters to land-use bylaws. - Strategic litigation when it counts
Cases focus on high-impact questions: Was FPIC obtained? Were sacred sites assessed? Did authorities honour customary jurisdiction and environmental duties? Litigation is paired with media, organizing, and alliance-building. - Policy advocacy for lasting change
We push for laws and policies that centre IPLC governance — so that the next community doesn’t have to fight the same battle again.
A recent snapshot from the field
In a riverine landscape facing a proposed extractive project, youth monitors tracked seasonal flows and fish breeding grounds; elders mapped sacred pools; harvesters recorded the plants that anchor riverbanks. Together, they produced evidence that the project’s impacts were understated and FPIC was missing. ACRRA-supported advocates filed for an urgent halt while proper consent processes proceed under community-defined protocols.
What this achieved:
- Recognition of the community’s own decision-making processes (not a checkbox “consultation”).
- Time to complete culturally appropriate assessments — including sacred site safeguarding.
- A stronger precedent that customary law has legal force in environmental decision-making.
(Names and locations withheld for safety and privacy.)
Why this matters for climate justice
Climate justice isn’t only about emissions; it’s about who decides how territories are governed during the transition. Projects labelled “green” can still displace communities, threaten food systems, and erode culture if they ignore FPIC and Indigenous jurisdiction. Centering biocultural rights:
- Protects carbon-rich ecosystems through proven IPLC stewardship.
- Prevents conflict by aligning projects with community decisions.
- Builds resilience: languages, ceremonies, and livelihoods are climate knowledge in action.
Practical tools communities are using
- Community Protocols: Plain-language documents that set out rules for engagement, consent processes, and sacred site protection.
- Territory Mapping & Eco-calendars: Seasonal knowledge that guides decisions on rivers, forests, grazing, and fishing.
- FPIC Checklists: Step-by-step requirements for any proponent before meetings even begin.
- Rights Registers: A living record of customary law, roles of elders/youth, and remedies if duties are breached.
If your community wants to start this journey, ACRRA can share templates and provide facilitation support.
How allies can support — without centering themselves
- Advocates & Lawyers: Respect community protocols; translate rights into filings with communities, not for them.
- Researchers: Prioritise data sovereignty and return all materials to community custody.
- Funders: Resource long-term stewardship (mapping, governance, youth training) — not just one-off cases.
- Policy-makers: Embed FPIC, sacred site protection, and customary jurisdiction in law and practice.
What’s next at ACRRA
Over the coming months, we’re co-developing a Biocultural Rights Toolkit for Southern Africa: model protocols, FPIC templates, policy briefs, and short explainer videos in local languages. We’ll also share updates from strategic cases that test how far courts are ready to go in recognising IPLC jurisdiction.