Year: 2026
Type: article
Abstract: The rights of Indigenous peoples and conservation policies have historically been at odds, with many existing policies falling short of recognizing the need for environmental conservation along with the sovereignty of Indigenous nations and traditional cultural uses of the land. This analysis explores the implications of existing legal systems and ecological initiatives on Indigenous self-determination and biodiversity, highlighting potential legal and policy gaps, and potential best practices that pair Indigenous traditional laws with governance to optimize biodiversity outcomes and uphold Indigenous self-determination. A mixed-methods approach is adopted to include comparative legal analysis, qualitative content analysis of legal processes and outcomes as well as case studies in pertinent territories. The analysis is further backed by quantitative modelling of conservation metrics, such as deforestation rates, biodiversity indicators, and governance stability. The results show that secure tenure and Indigenous-led governance are significantly related to more effective conservation outcomes, manifesting as lower rates of deforestation and increased biodiversity. Yet, challenges in enforcement, limited financial resources and policies without integration points constitute clear barriers. While co-management models are very promising, they will need continuous financial and legislative resources to be successful in the long run. This process will ultimately be essential to achieving equitable and effective conservation outcomes. Bridging persistent gaps in enforcement, funding and jurisdictional clarity will be essential. Subsequent research should examine successful legal approaches taken by Indigenous peoples as well as novel governance structures that meld ecological sustainability with the sovereignty of Indigenous peoples.
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7125476786