Legal and Regulatory Structures to Promote Climate Adaptation, Resilience, and Sustainability

By Dr. Stephen Chitengi Sakapaji II (research fellow, RISE Japanese team)

Photo: Local Karen collaborators discuss with members of the RISE project on traditional plants in the village of Sanephong during the visit of the Japanese team in December 2022.

Indigenous people across the globe share an intimate connection with their lands, territories, and resources; their age-old wisdom and practices have often equipped them to adapt to shifting environmental dynamics over centuries. Nonetheless, these communities also rank among the most susceptible groups impacted by climate change due to a medley of factors such as historical marginalization, restricted resource access, and cultural displacement. Consequently, the domain of policy and legal frameworks assumes a critical role in either facilitating or restricting the ability of indigenous communities to confront climate change, enhance resilience, and ensure the enduring sustainability of their socioecological systems.

Presently, the sustainability of Indigenous Socioecological Systems (ISES) is being threatened by global anthropogenic environmental changes. These changes pose a significant threat to Indigenous People (IP) who are guardians of a significant portion of the world's natural capital. Among the essential aspects of ISES, Indigenous Traditional Food Systems (ITFS) stand out as they not only provide diverse and nutritious food but also hold cultural, spiritual, and economic significance for indigenous communities. However, there is a notable lack of comprehensive understanding regarding how climate change, contemporary policies, and legal and regulatory frameworks can affect the adaptability capacity, resilience, and sustainability of ITFS within the ISES. In addition, despite exemplifying sustainable lifestyles and harmonious relationships with nature, Indigenous voices, knowledge, and concerns remain underrepresented in the climate and sustainability discourse.

Photo: Workshop hold in Sanephong (December 2022) to present and discuss results from the RISE project. One of the most important goals of RISE is to catalyze constructive discussions among residents, stakeholders and government officials about issues that matter to the local communities.

One of the ‘RISE’ project’s goals is to address this gap by exploring the influence that regulatory and legal frameworks can have on Indigenous people's ability to adapt to climate changes and build resilience and sustainability of their ITFS within the ISES. To achieve this the RISE project uses a novel, transdisciplinary analytical framework that studies the socioecological systems of two contrasting Indigenous communities: the Karen Indigenous people of Thailand and various Indigenous groups from the Yakutia (Russian Sakha Republic). By examining the regulatory and legal framework surrounding the management of ISES in these regions, the RISE project seeks to establish a robust knowledge base that effectively facilitates the integration of IPs concerns, and voices into contemporary policies, legal and regulatory frameworks pertaining to the management and conservation of the ISES under a changing climate. Overall, the ultimate aim is to foster meaningful dialogues among Indigenous communities, policymakers, and stakeholders in safeguarding and ensuring to it that the sustainability of the ISES and the ITFS in particular is enhanced especially under a changing climate and rampant environmental exploitation being witnessed across the globe.

In the following table, we summarize the key issues that need to be taken into consideration when enacting legal and regulatory frameworks, particularly those related to environmental conservation within the ISES.

Indigenous knowledge and perspectives	In the RISE project we do acknowledge and understand that Indigenous peoples have a wealth of knowledge and perspectives on conservation that can be valuable in the framing of legal and regulatory instruments. Thus, this knowledge should be sought out and incorporated into the process of developing these legal and regulatory instruments.
Legal and regulatory frameworks	We also do understand that legal and regulatory frameworks can provide a strong foundation for conservation by setting clear rules and regulations that protect natural resources. However, Indigenous peoples should be involved in the development of these frameworks to ensure that they are compatible with their own values and priorities.
Institutional arrangements	In the same vein, effective institutional arrangements are essential for the implementation of legal and regulatory instruments for conservation. Indigenous peoples should be involved in the design and implementation of these arrangements to ensure that they are responsive to their needs and concerns.
Capacity building	Because Indigenous peoples often lack the resources and capacity to participate fully in the framing of legal and regulatory instruments for conservation. We emphasize the commitment to providing them with the necessary training and support especially in adapting to climate change impacts.
Monitoring and evaluation	Lastly, we reiterate that legal and regulatory instruments for conservation must be monitored and evaluated on a regular basis to ensure that they are effective and that they are meeting the needs of indigenous peoples.