Between Maroon Tradition and State Law in Jamaica: A Case Study of Challenges to Environmental Governance in a UNESCO World Heritage Site

Abstract

In the quest for effective environmental governance, the integration of legal and cultural pluralism within conservation strategies emerges as a critical factor, especially in regions marked by rich ethnic diversity and complex historical legacies. This paper explores the symbiotic relationship between state conservation efforts and the engagement of local communities, with a particular focus on the Indigenous Maroon communities in the Blue and John Crow Mountains (BJCMs) of Jamaica. It underscores the imperative of aligning conservation objectives with the aspirations and traditional practices of these communities to foster sustainable ecosystems and safeguard Indigenous autonomy. Central to this discourse is the development of collaborative frameworks that respect and incorporate the legal and cultural dimensions of pluralism, thereby facilitating a co-managed approach to environmental stewardship. This study emphasizes the role of collaboration and trust as pivotal elements in cultivating a mutual understanding of the interdependencies between state law and Indigenous law. This research advocates for a reciprocal exchange of knowledge between the state and community members, aiming to empower the latter with the resources necessary for effective environmental protection while respecting their legal autonomy. This approach not only enhances conservation initiatives overall, but also ensures that these efforts are informed by the rich cultural heritage and traditional ecological knowledge of the Maroon communities. By examining the conservation practices and governance challenges faced by the Maroons in the BJCMs, this paper reveals the nuanced dynamics of implementing state-led conservation laws in areas characterized by cultural and legal pluralism. The findings highlight the necessity for state regulatory frameworks to enable collaborative governance models that complement, rather than undermine, the traditional governance structures of the Maroons. This research contributes to the broader discourse on environmental governance by illustrating the potential of culturally informed conservation strategies to address environmental threats while respecting and reinforcing the social fabric of Indigenous communities.

Keywords

• conservation
• cultural pluralism
• environmental regulation
• community-based natural resource management
• indigenous law