African Earth Jurisprudence Collective
When communities commit to restoring the biocultural diversity lost to colonialism, they start with their priorities such as cultivating Indigenous seed diversity, farming agroecologically, protecting Sacred Natural Sites and recognising customary governance.
As resilience returns, so relationships are built between Indigenous Peoples and current authorities. The communities become islands of coherence in an unravelling world, and neighbouring areas soon catch-on. Together, they start to work for landscape-level regeneration.
Since the dawn of agriculture, seeds have been shared, a gift from the past and a promise for the future. Indigenous varieties are locally adapted and therefore resilient to shocks like those experienced in recent years, from locusts to pandemics. They are also locally loved, catalysing community cohesion through ritualised harvesting, rites of passage ceremonies, saving and exchange of seed.
In Tharaka, Kenya, communities are recalling their clan governance system and, with it, their Indigenous seed.
“Over the past six years of searching, we have seen a huge amount of seed diversity come back and, with the seeds, the knowledge of how to grow, cook, save, store and swap them has returned. These seeds are best suited to our land here. They grow well in the local conditions and are resilient to the changes we are seeing in the climate. People who have revived these seeds are getting good harvests and eating well. They are confident again in their traditional foods and their own abilities, and every time we meet, we can enjoy those foods together.”
– Simon Mitambo, Earth Jurisprudence Practitioner, Kenya
Restoring Indigenous crop varieties, native livestock species and traditional farming methods can nourish people and planet. Working reciprocally with the wider Earth community allows life support systems to flourish in the face of climate and ecological disasters – soils capture carbon, freshwater is saved, and crops are pollinated.
In Zimbabwe, communities in Bikita are reviving Indigenous varieties of millet. Their most sacred crop, it is resilient to the climate chaos already resulting in drought and floods.
“For these communities, farming requires a holistic understanding of the ecosystem, the climate, the constellations, the moon cycle and a deep capacity to read the whole interrelated system. It is not about maximizing our ability to extract food from the Earth and get rid of any species that interfere with that single ambition. It is about participating with humility in the dance of life; working in harmony with Nature. One of the positive outcomes of the pandemic is that the resilience of our work with communities was tested and affirmed, and this has inspired neighbouring communities who want to participate. There is a real possibility now for wider landscape level regeneration, supported by customary ecological governance.”
– Method Gundidza, Earth Jurisprudence Practitioner, Zimbabwe/South Africa
These are places of ecological, cultural and spiritual significance: oases of biocultural diversity central to wider landscape regeneration. Custodianship of such special sites is at the nexus of Africa’s pre-colonial governance systems, which are derived from Indigenous peoples’ relationship with the Earth and inherently recognise the rights of Nature. Ritual practices are central for the protection of these places and the cohesion of the community and landscape. Intergenerational training is essential to enable ancestral wisdom to be passed to the next generation.
Benin was the first African country to pass a national law recognising sacred forests as protected areas and the dwelling places of ancestors. The 2012 Sacred Forests Act allows communities to self-govern these spaces, and prohibits destruction. Villagers are now restoring their sacred forests, which play a vital role in traditional, Vodun culture.
“We have been walking a long road towards restoring both our forests and the communities looking after them. We have to heal both at the same time.”
– Chief Atawé Akôyi, Earth Jurisprudence Practitioner, Benin
Grassroots work by communities has had an international impact, securing recognition of Sacred Natural Sites and Indigenous ecological governance at a local, national and global level. The processes that communities are undertaking present a pathway to achieving authorities’ obligations for conservation, climate, and social justice. This deep work is making a big ripple: a recent UN report described Earth Jurisprudence as “the fastest growing legal movement of the twenty-first century”, and it underpins multiple legal strategies now advancing across Africa and internationally.
In 2017, the Collective were key advocates for the African Commission Resolution 372: a groundbreaking affirmation that Africa should acknowledge plurilegal systems, which respect Sacred Natural Sites, Indigenous governance systems, and the rights of their custodian communities.
In 2019, Uganda became the first African country to recognise the rights of Nature within state law in its National Environment Act, following advocacy by the Collective and our partners, Advocates for Natural Resources & Development (ANARDE).
In 2021, Uganda’s Buliisa District passed legislation recognising customary laws of the Bagungu People. The local council are now supporting custodians in their protection of Sacred Natural Sites, setting a precendent for neighbouring areas.
“A law has been passed to protect Bagungu Sacred Natural Sites that recognises the role of custodians. This is a first in Africa. We are walking a path towards decolonisation that others will be able to follow.”
– Dennis Tabaro, Earth Jurisprudence Practitioner, Uganda