Workshop on International Law, Natural Resources and Sustainable
Development
Collective Rights and Customary Use: Securing Sustainable Livelihoods in Law and in
Practice
Marcus Colchester
Forest Peoples Programme
Recent advances in international human rights law have recognised the rights of indigenous
peoples to their customary lands, as well as their rights to self-governance, to represent
themselves through their own institutions and to give or withhold their free, prior and
informed consent to measures that may affect their rights. There is less clarity about the
rights of other natural resources dependent communities. The Convention of Biological
Diversity likewise calls on State Parties to protect and encourage sustainable customary use.
Based on detailed field research and practical work with affected communities, this paper
explores how these norms are being applied on the ground in the context of ‘land grabs’
and ‘green grabs’, mediated through IFI and IGO development policies, voluntary standards,
national laws and policies and local political economic realities. Whereas, sustainable
development has become a normal part of agency, investor and State discourse, the
experiences of communities on the ground shows that such rhetoric does not include
effective respect of international human rights norms. Yet, where rights are respected, both
environmental and livelihood gains are notable.