Description

Indigenous Peoples, due to their subordinate position in society, deserve the necessary support to protect, defend and establish their rights. Land, the most valuable asset of the Indigenous communities, is generally protected through national and international legal instruments. However, such communities around the world have been struggling to protect their lands in the context of various ‘developmental activities’. This article intends to examine the existing land rights practices, under international legal standards of Indigenous communities living around the globe. The article shows that among many positive and practical approaches initiated worldwide for the protection of Indigenous land rights i.e., constitutional reform, framework legislation, Indigenous Peoples’ initiatives, and human rights standards, the role of the judicatures is vital. By using qualitative legal research methodology, this study analyses the existing Common Law practices to recognize their traditional land rights. The article also identifies the gap that leads to the violation of their traditional land rights. Therefore, the article recommends a way to bring positive changes in the lives of Indigenous communities by securing their land ownership. After a comprehensive literature review and relevant data analysis, the article thematically discusses the Common Law developments, besides international laws. The analysis includes significant Common Law precedents that are applied in accordance with the principles of equality and non-discrimination which aims to reduce exploitation within the current system. This article, aimed at supporting vulnerable Indigenous Peoples, provides significant guidelines for the government, policymakers, and development stakeholders to address the issue.

Keywords: Land Rights, Indigenous Peoples, Development, Common Law Precedent.