Editing IPCC:AR6/SRCCL/Chapter-1 (section)

==== 1.4.3.3 Rights-based instruments and customary norms ====

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Rights-based instruments and customary norms deal with the equitable and fair management of land resources for all people (IPBES 2018a <sup>[[#fn:r922|922]]</sup> ). These instruments emphasise the rights in particular of indigenous peoples and local communities, including for example, recognition of the rights embedded in the access to, and use of, common land. Common land includes situations without legal ownership (e.g., hunter-gathering communities in South America or Africa, and bushmeat), where the legal ownership is distinct from usage rights (Mediterranean transhumance grazing systems), or mixed ownership-common grazing systems (e.g., crofting in Scotland). A lack of formal (legal) ownership has often led to the loss of access rights to land, where these rights were also not formally enshrined in law, which especially effects indigenous communities, for example, deforestation in the Amazon basin. Overcoming the constraints associated with common-pool resources (forestry, fisheries, water) are often of economic and institutional nature (Hinkel et al. 2014 <sup>[[#fn:r923|923]]</sup> ) and require tackling the absence or poor functioning of institutions and the structural constraints that they engender through access and control levers using policies and markets and other mechanisms (Schut et al. 2016 <sup>[[#fn:r924|924]]</sup> ). Other examples of rights-based instruments include the protection of heritage sites, sacred sites and peace parks (IPBES 2018a <sup>[[#fn:r925|925]]</sup> ). Rights-based instruments and customary norms are consistent with the aims of international and national human rights, and the critical issue of liability in the climate change problem.

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