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Policy and Law

Mountain-friendly policies and laws are vital to protect mountain ecosystems and support mountain people. Mountains may constitute about one-quarter of the world’s landmass, but few countries have developed specific policies to address the needs of these unique regions and peoples. Governments apply policies and laws created for lowland areas that do not take into account the fragility of mountain environments nor the singular needs, interests and priorities of mountain people. To support sustainable development in mountain areas, policies and laws need to be developed with the full participation of mountain people and be based on sound knowledge and research.

Why few policies and laws focus on mountains

Mountain people often lack political clout. They are not urban, many are extremely poor and there are insufficient numbers to generate a critical mass. Mountain people are further constrained by physical isolation, language differences, and limited access to transportation and communciation facilities. Ultimately, the responsibility lies with politicians. Because the benefits of effective legislation is often not felt for many years, politicians, whose careers depend on gaining the immediate approval of the electorate, do not treat mountain policies and laws as a priority.

Recognizing local property rights

Most mountain people do not have land ownership or user rights. In many cases, mountain resources fall under the authority of a state or federal government. Policies and laws that recognize local property rights are essential for sustainable mountain development. Mountain communities need decision-making control over the use of local resources, as well as incentives to manage them.

Supporting local actions

No single farming system or approach will work in all mountain areas. Yet for many years large-scale monoculture techniques designed for use on lowland farms have been applied to mountain environments. Often, with poor results. The livelihoods of many mountain people depend on small-scale development and careful conservation of resources. Mountain farming, for example, relies on the cultivation of many different types of crops, grown on small plots of land with unique local microclimates. Government policies that support mountain farmers cultivating a wide variety of crops can help to protect biodiversity and ensure food security for mountain – and lowland people – around the world.

Ensuring gender equity

In many mountain communities, men go away to war or migrate to lowland areas in search of work. In still other communities, it is customary for women to tend the land. In all these situations, women are the primary stewards of local resources and keepers of traditional knowledge. The significant role that women play goes largely unacknowledged in many mountain societies. There are no laws that protect women’s rights or allow them to own land and participate in resource planning and management. Issues of gender equity should be addressed in all policies and laws.

Crossing borders

One of the biggest challenges to sustainable mountain development is finding ways to manage mountain ranges that are shared by many countries as an integrated whole. "Soft" legal instruments, such as declarations, resolutions and codes of conduct, can carry some clout. In some cases, however, "harder" legal instruments are required. These often take the form of treaties and conventions. In the 1991 Convention on the Protection of the Alps, for example, eight European nations and the European Community agreed to share responsibility for safeguarding the future of the Alps. This was the first time a mountain area had been covered in its entirety under a mountain-specific international convention. Many of the rivers that originate in mountain watersheds also cross borders. As populations grow and the demand for water increases, the management of these watersheds will require international cooperation and agreements.

Putting a price on sustainable mountain development

Mountain resources are often undervalued or given away for free. Governments can help mountain communities by assigning dollar values to mountain resources and ensuring that this money circulates in the local economy. Examples of user fees include leasing land for mountain resorts at a fair market value, charging royalties for timber harvesting and mountain trekking, licensing tour operators and charging entrance fees to mountain parks, ensuring tourism revenues contribute to local community development and providing incentives for tour operators to train and hire local men and women. Legal frameworks should also be established as a means of compensating mountain communities for environmental services provided to downstream users. Most of the world’s major rivers, for example, originate in mountains. Lowlanders who depend on mountain water, for drinking, for industry and for power generation, would be wise to compensate mountain communities for the protection and sustainable management of mountain watersheds.

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