A Framework for Comparative Assessment of Indigenous Land Governance

Abstract

Indigenous peoples are increasingly important players in the management and use of land and natural landscapes, bound in spiritual and traditional practices that endure and pre-date colonisation. This also extends to the aspirations that Indigenous traditional owners may have to generate income from land and to sustain business and employment opportunities that enable reinvestment in local communities. The paper draws from a study undertaken while the authors were at the Organisation of Economic Co-operation and Development (OECD) that involved 13 countries. It presents a framework to compare Indigenous land governance, to activate economic development opportunities across different legal and institutional contexts. The three-part typology allows us to assess the level of autonomy granted to Indigenous groups by law and identify key governance and regulatory instruments that they can employ to protect their cultural practices and activate commercial potential from land and waters. Varying autonomy levels can co-exist within a same country, since Indigenous groups may have different rights, aspirations, and capabilities. The typology allows us to conduct comparative analyses around progress and learnings that can support the self-determination of Indigenous peoples and promote regional well-being.