scholarly journals Who Owns the World's Land? A global baseline of formally recognized indigenous and community land rights

2015 ◽  
Author(s):  

The first analysis to quantify the amount of land formally recognized by national governments as owned or controlled by Indigenous Peoples and local communities around the world. Ownership of the world’s rural lands and natural resources is a major source of contestation around the globe, affecting prospects for rural economic development, human rights and dignity, cultural survival, environmental conservation, and efforts to combat climate change. Communities are estimated to hold as much as 65 percent of the world’s land area through customary, community-based tenure systems. However, national governments only recognize formal, legal rights of Indigenous Peoples and local communities to a fraction of these lands. Some countries are in the process of recognizing communities’ rights, and estimates from those countries provide some indication of the size of these gaps in recognition. As demands for land tenure reform increase and national processes to recognize land rights advance, this report provides a baseline that documents the current status of formal, statutory recognition of community-based tenure.

2021 ◽  
Vol 72 (10) ◽  
pp. 1401
Author(s):  
G. T. Davies ◽  
C. M. Finlayson ◽  
E. Okuno ◽  
N. C. Davidson ◽  
R. C. Gardner ◽  
...  

We reply to the main concerns raised by Bridgewater (2021) in his response to Davies et al. (2021a), ‘Towards a Universal Declaration of the Rights of Wetlands’. We appreciate the contribution of Bridgewater (2021) to this emerging conversation and, although we disagree with some of his assessments and statements, we do not find his points to be incompatible with support for the Declaration of the Rights of Wetlands (ROW). This reply focuses on four areas of concern raised by Bridgewater (2021). First, we describe why a wetlands-specific declaration will add important value to other Rights of Nature declarations. Second, we discuss how the ROW does not detract from, but rather can contribute to and complement, existing conservation and management approaches and mechanisms. Third, we agree on the importance of weaving Indigenous and local knowledge with other knowledges and emphasise that the ROW should not be confused with or misused to undermine the rights of Indigenous peoples and local communities. Finally, we explain how legal rights can and have been granted to non-humans, including elements of Nature, such as wetlands.


2021 ◽  
Author(s):  
◽  

A growing body of evidence suggests that recognition of the collective tenure rights of Indigenous Peoples, local communities, and Afro-descendants is a powerful and cost-effective strategy for addressing the climate and biodiversity crises. In spite of this, international funding for rights recognition pales in comparison to donor mobilization around alternative solutions to these crises.


2019 ◽  
Vol 17 (10) ◽  
Author(s):  
Faradiella Mohd Kusin ◽  
Amirul Azuan Md Joni ◽  
Ferdaus Mohamat Yusuff ◽  
Sharifah Nur Munirah Syed Hasan

Key community-based environmental conservation programmes in Kong Kong Laut, Johor include the river and mangrove ecosystem conservation and management programme. The overall aim of conserving the ecosystem and encouraging local community participation in the programme is to promote the existing eco-tourism potential of the area. This paper entails the outcomes of community-based activities aimed at building the capacities of local communities through community mobilisation, awareness creation and capacity building (i.e. transferred knowledge and skills). Findings indicate that there have been improvements in the river water quality status within the ecosystems over the course of a one-year project, despite relatively small participation among the local communities in the conservation programme. However, it was evident that active participation from a minority group of the local community has contributed to significant human and social capital, suggesting that community empowerment might be crucial for future development. Despite this, a school outreach programme on waste minimisation within the community demonstrated an encouraging level of participation among school children and teachers. The major challenge to maintaining continuous efforts to conserve their environment is the simultaneous developments taking place close to the river and mangrove ecosystems. While it remains a challenge to all the stakeholders, collaborative efforts among the local communities and the university, school, government agencies and private sector have made it possible to strategise for more future approaches that will benefit the whole community.


Author(s):  
Giulia Sajeva

Chapter 3 explores the controversial relationship of interdependence and conflict between environmental concerns and the protection of human rights by offering insights on the necessity—and the opportunity—of new ideas such as biocultural rights. Such necessity is made clear by bringing forward the inadequacy of human rights rhetoric in fully incorporating environmental challenges, as well as the damages environmental conservation can do to human rights of indigenous peoples and local communities. The chapter introduces attempts to combine conservation and rights interests through the recognition of the stewardship relationship indigenous peoples and local communities have towards the environment. Keeping distance from the dangers of the myth of the noble savage, and describing the important steps forward that have been done against fortress conservation practices, the chapters underlines those steps that still need to be taken.


2020 ◽  
Author(s):  

In 2015, RRI undertook the first global analysis to quantify the amount of land legally recognized by national governments as owned by or designated for Indigenous Peoples and local communities. The study, covering 64 countries comprising 82 percent of global land area, showed that communities legally owned 10 percent of this area and held designated rights to another 8 percent. Yet, some studies suggest that the total area under community management is much greater. Indeed, the leaders of Indigenous, community, and Afro-descendant organizations and expert opinion have long held that communities exercise customary rights on well over 50 percent of the global land mass outside of Antarctica. This report aims to address this gap by offering a first comprehensive effort to develop a global baseline of the total land area with unrecognized rights of Indigenous Peoples, local communities and Afro-descendants. This analysis draws on previous work, emerging evidence, and expert opinion to begin the process of quantifying the full extent of land to which Indigenous Peoples, local communities, and Afro-Descendants have customarily held rights that have yet to be legally acknowledged by states.


Author(s):  
Eduardo Spaolonse ◽  
Suzana da Silva de Oliveira Martins

Diversas áreas naturais de importância socioambiental no Brasil agregam comunidades locais. Muitas das comunidades residem nessas áreas e delas tiram a sua sobrevivência há muitas gerações, percebendo-as como território fundamental para sua reprodução social, cultural e econômica. O Ecoturismo de base comunitária desponta como uma possibilidade para o desenvolvimento sustentável e econômico dessas comunidades. Este artigo foi construído através de pesquisas bibliográficas baseando-se que o Ecoturismo se diferenciou, dos demais segmentos do turismo, por se apoiar em princípios que reforçam o compromisso com a conservação ambiental e o benefício comunitário. Hoje as estatísticas demonstram que Ecoturismo cresce mais que a média do turismo convencional no mundo todo e especialmente no Brasil. Entre estas temáticas observou-se à necessidade de considerar a forma de organização social das comunidades locais na construção dos processos participativos. Com isso espera-se contribuir para uma reflexão sobre o Ecoturismo de base comunitária em uma perspectiva em que a participação comunitária torna-se a base para uma efetiva sustentabilidade, portanto, pretende-se que a compreensão integrada dos temas abordados possa facilitar outros processos semelhantes. Ecoturismo é um segmento da atividade turística que utiliza, de forma sustentável, o patrimônio natural e cultural, incentiva sua conservação e busca a formação de uma consciência ambientalista através da interpretação do ambiente, promovendo o bem-estar das populações envolvidas e dos atores sociais. O aproveitamento desse potencial por meio do desenvolvimento de estratégias que fortaleçam o turismo participativo, solidário e sustentável é, sem dúvida, uma grande oportunidade para o país. Neste processo de transição reside o desafio de serem estabelecidas estratégias e consolidadas práticas que estimulem a valorização cultural, a organização comunitária e a conservação ambiental. Práticas que assegurem o acesso ao compartilhamento dos benefícios gerados pela atividade, com estímulo ao empreendedorismo social e à criação de negócios inclusivos. E que, finalmente, estabeleçam-se arranjos sustentáveis de interação social e das populações com o território e o ambiente em que vivem. Ecotourism: a bridge to sustainable tourism Several natural areas of environmental importance in Brazil add local communities. Many of the communities living in these areas and take them to survive for generations, seeing them as a key territory for their social reproduction, cultural and economic. Ecotourism community based emerged as a possibility for sustainable and economic development of these communities. This article was constructed through literature searches based on the Ecotourism differed, the other segments of tourism, by relying on principles that reinforce the commitment to environmental conservation and community benefit. Today the statistics show that Ecotourism is growing more than the average conventional tourism worldwide and especially in Brazil. Among these issues there was the need to consider the form of social organization of local communities in the construction of participatory processes. It is expected to contribute to a reflection on the Ecotourism community based on a perspective that community participation becomes the basis for an effective sustainability, therefore, it is intended that the integrated understanding of topics to facilitate similar processes. Ecotourism is a segment of tourism that uses in a sustainable manner, the natural and cultural heritage, encourages its conservation and seeks the formation of environmental awareness through the interpretation of the environment, promoting the well-being of people involved and the social actors. The use of this potential by developing strategies to strengthen participatory, supportive and sustainable tourism is undoubtedly a great opportunity for the country. In this transition lies the challenge of being established strategies and consolidated practices that encourage cultural development, community organizing and environmental conservation. Practices that ensure access to the sharing of benefits generated by the activity, with encouragement of social entrepreneurship and the creation of inclusive business. And finally, set up sustainable arrangements of social interaction and populations with the territory and the environment in which they live. KEYWORDS: Ecotourism; Tourism; Sustainability


2007 ◽  
Vol 56 (3) ◽  
pp. 583-611 ◽  
Author(s):  
Jérémie Gilbert

AbstractWithin common law systems a body of jurisprudence has developed according to which indigenous peoples' land rights have been recognized based upon historical patterns of use and occupancy and corresponding traditional land tenure. Looking at the emerging common law doctrine on aboriginal or native title, this article examines how legal institutions are building a theory on historical land claims through the recognition of indigenous laws deriving from prior occupation. The article analyses how the common law doctrine builds a bridge between past events and contemporary land claims. The aim of this article is to examine to what extent the common law doctrine proposes a potential model for the development of a legal theory on the issue of indigenous peoples' historical land claims. In doing so the article analyses how the common law doctrine compares with international law when dealing with historical arguments by focusing on issues of intertemporal law and extinguishment.


Author(s):  
Jernej Letnar Černič

<p>This article examines state obligations under indigenous territorial rights. The cultural survival and development of indigenous peoples depends on their spiritual and factual connection with their lands. It argues that indigenous ancestral land rights derive from international and national law. Indigenous customs prefer a collective land tenure system to individual property rights. State obligations regarding indigenous ancestral land rights are based on international human rights treaties and national systems. In short, the paper argues that states have an obligation to respect, protect, and fulfil indigenous land rights. This article also examines their enforcement in the international and domestic arenas.</p><p><strong>Published online</strong>: 11 December 2017</p>


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