Legal Elements of the Community Protocol

The document outlines the legal challenges faced by communities regarding land and resource rights, specifically the lack of recognition for customary laws and state ownership of sub-soil resources. It provides a comprehensive directory of international instruments, such as the UN Declaration on the Rights of Indigenous Peoples and ILO Convention 169, as well as business and finance guidelines (e.g., UN Guiding Principles on Business and Human Rights, IFC Performance Standards) that can be used to empower communities. The guide suggests including customary laws, governance structures, and specific national/international legal references in community protocols to define terms for external engagement and protect cultural and environmental heritage.

• Communities face significant legal insecurity due to the lack of state recognition for customary laws and traditional decision-making processes, which can lead to the dispossession of up to 500 million people across Africa and similar situations in South Asia.
• National legislation regarding land rights is frequently undermined by mining laws that reserve ownership of sub-soil and mineral resources for the state, regardless of community land ownership.
• The UN Declaration on the Rights of Indigenous Peoples (2007) and International Labour Convention (ILO) No. 169 (1991) are identified as two primary international instruments supporting community rights to self-determination and control over traditional lands and resources.
• Communities can leverage voluntary guidelines and mandatory policies from financial institutions and businesses to manage social and environmental risks, including the UN Guiding Principles on Business and Human Rights, OECD Guidelines for Multinational Enterprises, and the IFC Performance Standards.
• Community protocols should ideally document specific customary details, including territory boundaries, resource use rules, governance structures, and conflict resolution processes to inform external actors.
• The document highlights specific national legal examples, such as the South African Constitution's provisions on equitable land access, the Kenyan Community Land Bill 2015, and Slovenia's mandatory cultural heritage surveys for infrastructure development.

APA

Makagon, J. (n.d.). Legal Elements of the Community Protocol. Natural Justice. https://naturaljustice.org/wp-content/uploads/2016/05/toolbox_5.pdf

Chicago

Makagon, Jael. Legal Elements of the Community Protocol. Natural Justice, n.d. https://naturaljustice.org/wp-content/uploads/2016/05/toolbox_5.pdf.

Wikipedia

{{cite report |last1=Makagon |first1=Jael |title=Legal Elements of the Community Protocol |publisher=Natural Justice |url=https://naturaljustice.org/wp-content/uploads/2016/05/toolbox_5.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{makagonndlegal, author = {Makagon, Jael}, title = {{Legal Elements of the Community Protocol}}, institution = {Natural Justice}, url = {https://naturaljustice.org/wp-content/uploads/2016/05/toolbox_5.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }