Mountain Laws and Peoples: Moving Towards Sustainable Development and Recognition of Community-Based Property Rights

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Laws and policies concerning the conservation and sustainable development of mountain peoples and ecosystems are relatively small in number. Yet mountain areas are some of the most important regions in the world and are environmentally, culturally, and economically fragile.

Using the Mountain Forum's electronic conference on Mountain Policy and Law as a starting point, this paper explores the role of law and policy in addressing special characteristics of mountain peoples and ecosystems. It identifies and analyzes existing laws and policies at the international, national, and local arenas, and makes recommendations.

It concludes that equitable, cost-effective conservation often relies on voluntary, self-interested mechanisms, such as community user group codes of conduct, traditional tenure systems, and community-based enforcement. These approaches can help prevent illegal harvesting of resources, establish effective and long-term sustainable use strategies, and prevent property rights from transferring to commercial developers who can disrupt the fragile ecosystems found in mountain regions.