Indigenous Justice

Indigenous land rights are not just a matter of cultural heritage — they are essential to the survival of entire communities and to the health of the planet. Securing these rights ensures that Indigenous peoples can continue to maintain their traditional ways of life, preserve their knowledge systems, and contribute as key environmental stewards.

Indigenous peoples collectively manage approximately 25% of the world’s land, yet these lands contain 80% of the planet’s remaining biodiversity. This was highlighted in a 2020 study by the UN Environment Programme and the World Resources Institute (WRI), emphasizing the integral role Indigenous communities play in global conservation efforts.

The Intergovernmental Panel on Climate Change (IPCC) has consistently recognized that Indigenous knowledge systems are essential for biodiversity conservation and climate change mitigation. These practices, developed over thousands of years, help ensure the sustainable management of ecosystems.

A landmark 2021 study published in Nature Sustainability found that areas managed by Indigenous peoples experience significantly lower rates of deforestation compared to non-Indigenous-managed areas, proving that traditional ecological knowledge (TEK) is effective in maintaining ecological balance and preventing environmental degradation.

Despite this, Indigenous communities face ongoing threats to their land. Extractive industries such as mining, logging, and large-scale agriculture continue to encroach on traditional territories — often with state backing and in pursuit of short-term economic gains.

Indigenous peoples are often denied legal recognition of their land rights. The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted in 2007, affirms their right to own, use, develop, and control their lands and resources. Yet in many parts of the world, these rights remain unrecognized or unenforced.

According to the International Work Group for Indigenous Affairs (IWGIA), many Indigenous communities still lack formal land titles, leaving them vulnerable to displacement. A 2017 study in Environmental Science & Policy confirmed that legally recognized Indigenous territories are significantly more successful in resisting deforestation — showing that legal protection is an environmental safeguard as well as a justice issue.

Over the past two decades, landmark court decisions have strengthened the legal foundations for Indigenous land rights and state obligations.

In Maya Indigenous Communities v. Belize (2004), the Inter-American Commission on Human Rights found that Belize violated the collective land rights of Maya communities by failing to protect their ancestral territories. The ruling affirmed the principle of collective land ownership and the necessity of legal recognition.

This was further upheld in Saramaka People v. Suriname (2007), where the Inter-American Court of Human Rights ruled that large-scale development projects on Indigenous lands require free, prior, and informed consent (FPIC). The court emphasized that collective land rights exist independently of formal title, placing a duty on states to proactively safeguard them.

In Europe, the Fosen Vind case (Norwegian Supreme Court, 2021) marked a turning point. The Court concluded that a state-approved wind farm project violated the cultural rights of the Sámi people by significantly disrupting reindeer herding. The ruling invalidated the project and reaffirmed that green development cannot override Indigenous rights protected under international law.

These rulings form a growing body of jurisprudence that expands protections for Indigenous communities and raises the bar for accountability worldwide.

Indigenous peoples are among the most vulnerable to climate change. Their close relationship with land and ecosystems means they are often the first to experience the impacts: rising temperatures, shifting seasons, disrupted food systems, and loss of habitat.

The IPCC notes that climate change disproportionately affects Indigenous communities, jeopardizing their cultural practices, livelihoods, and even physical safety. At the same time, their land management traditions remain vital for safeguarding global biodiversity and stabilizing ecosystems.

As pressure on land and resources increases, so too does the urgency of securing Indigenous land rights — for justice, for survival, and for the planet’s future.

By supporting Indigenous land rights, we safeguard the wisdom of the past, address the injustices of the present, and help build a future that honors both people and planet.