Traditional Norms and Environmental Law in the sub-Saharan Africa: case study Chizoba Chinweze (FLEAD Int’l, MNES, MIAIA, MSEH) 1, Chukwuemeka Jideani (CCEP, FECCI, ACIArb, MECLAN, MIBA, MIoD, MNBA) and Gwen Abiola-Oloke (FLEAD Int’l, SHM-CIBN, MIOD, FNIM, MPIN) RULE OF LAW FOR NATURE CONFERENCE, OSLO FACULTY OF LAW, UNIVERSITY OF OSLO, NORWAY MAY, 2012

Study area: sub-Saharan Africa The sub-Saharan Africa has approximately 800 million people, with about 70% of its population living off the land. More than anywhere else in the world, the people of the region rely on natural resources for their sustenance. This dependence and relationship with nature has helped the people develop skills acquired over the years to manage profitable their natural resources. Through cultural norms and traditional knowledge which is a law at the local setting they protect their environment and natural resources along the generational linage.

Sub-Saharan African traditional norms Although there are two systems of governance in the African setting, the modern and traditional systems of governance, the traditional leadership still plays a key role in governance. The people are majorly tied to religion and culture; and traditional leadership represents indigenous African values and authority which have links with the divine – gods, spirits and ancestors. The king is seen as the intermediary between the departed ancestors, the living and the unborn; and the people have immense confidence in this institution, which gives it legitimacy. This is true among the ‘Tallensi’ of Northern Gahana, the Sukuma of Tanzania, the Nuer of Southern Sudan, the Ibos of Nigeria and the Kikuya of Kenya.

The People, Forests and Culture Nature – forest, land, air, water, moon, stars and the sun all have immense cultural, religious, traditional and spiritual value for the sub-Saharan Africans. Trees and forests have immense cultural, religious and spiritual values for people in Africa, they serve as a link between the spirit world and the people. Cultural forests are among the oldest protected areas in the world and incentives are not the essence of their preservation eg REDD+, PES etc. In Umuatulu-Umueri as in other parts of West Africa for every newborn girl child a tree is planted – Ợ gbu chi; the issues of life of the child is synonymous with the life of the tree. Sacred grooves have immense traditional values which are attributed to supernatural powers. Trees and water within these grooves are treated as sacred and used for healing and cleansing. Millions of families depend on timber, firewood, fodder, food, medicine, nuts and non-timber forest products, fresh water and air provided by nature as safe nets.

Traditional knowledge and environmental governance Traditional knowledge and culture which is deeply rooted in religious belief systems shapes the land use practices at community- level decision making. The people who are the custodians and managers of the local forest have extensive knowledge of the specie composition, their abundance, distribution, behaviour and factors that influence them, as they are in steady contact with their ecosystem. For a sustainable use of the natural resources that will benefit all generations there is at the local scales rules and norms that guide use. Traditional knowledge can complements scientific knowledge by providing local practical experience through continual interaction with the ecosystem and responding to ecosystem changes.

Tradition science – policy interface Traditional knowledge (observation) Science (Research & Assessment) Policy (national & international- CBD, Rio+20)

………..lows! Human alteration of the natural ecosystem results in human vulnerability …. i.e urbanization, industrialization, development, growth, land use change

Conclusions The global negotiations on environmental governance to save the earth from tipping points are primarily dependent on the input at the local scales where principally nature is nurtured and highly valued. The spiritual or cultural values of natural resources to indigenous communities has guided their behaviour, attitudes and decisions in natural resources management and preservation over centuries without monetary incentives. This therefore endorses the bottom-up approach in environmental governance which makes for a successful implementation of international treaties.

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