Preserving the rights of indigenous tribes using global administrative law.

 Indigenous communities should form the fulcrum of sustainable development of a nation. Their culture and  forms of subsistence living are imminent to building low-carbon economies. Indigenous communities in Borneo have successfully protested the implementation of proposed palm oil plantations reemphasizing the need to restore their rights over ancient and  ancestral lands as a pertinent move  to address adverse impacts of climate change. The Mapuche community in the Araucanía region of Chile have, over decades, protested the invasion of their ancestral lands and conversion of  native forests into pine and eucalyptus plantations leading to civil insurgency against forestry companies and consequent  militarization of regions belonging to indigenous tribes as a deterrent to environmental activism. The Americas as such is witnessing the degradation of indigenous populations while jungles disappear due to illegal clearances for palm oil cultivation and unregulated cattle ranching. Solutions to mitigate climate change impacts can be found within the traditional knowledge of indigenous practices and tribal customs that have been neglected as retrograde and outdated.

Land-restitution and reparation programs across nations have not fully succeeded  owing to lack of investments in environment-friendly and sustainable projects in indigenous regions. The rejection of Chile’s new constitution is a glaring example of incorrect application of negotiation techniques and rules of engagement  with the indigenous tribes as is  evident in their lack of awareness of the advantages of new Constitution.

There is a need to provide a universal definition for indigenous communities based on domicile, culture and nativity  and preserve their  knowledge of agricultural and forestry practices.  Laws that mandate payment of a universal and life-time royalty to these tribes when  such practices are adopted by decision makers and stakeholders can help  nurture  lands in ways best known to them.

International community needs to place adequate emphasis on indigenous rights over land and practices.  It is requisite to  design legal regimes which improve governance of global resources not restrained by national  boundaries and claims of sovereignty.  Studies have demonstrated that indigenous-managed lands have prevented biodiversity loss  even better than those lands specifically identified for  conservation. New Zealand’s government has set an example  by integrating  indigenous knowledge of local landscapes into their decision making on infrastructure and  land-use changes  to adverse impacts of natural disasters. 

Giving back to the indigenous communities their rights over lands that was taken away from them  may not be just an act of kindness but one that can save our planet from moving towards the ‘highway to hell.'   This is a preamble to a paper that builds  a case to  endorse the application of global administrative law to harmonize governance modules for tribal regions within nations. Just as ocean management, regulating forests and forestry rights of indigenous tribes needs to take precedence over reckless land-use changes.