Green Criminology And Indigenous Rights: Legal Responses To Ecological Harm In Indigenous Territories

Abstract

This paper compares and contrasts the areas of green criminology and Indigenous rights by relating to how the law can be used to address environmental crime in Indigenous lands. With the help of a doctrinal and qualitative approach, the paper relies on the analysis of case law, legislation, and commentary to determine the shortcomings of environmental legal protection of Indigenous peoples. It analyses sovereignty conflicts, Indigeneity with particular attention given to customary law, epistemic struggle, as well as the knowledge system under circumstances associated with conditions relating to environments. The paper illuminates the way the colonial legal systems persistently disadvantage the Indigenous environmental governance, as well as a consideration of how environmental movements, tribunal theatre, eco-cinema, and Indigenous-led research are shaping up to pursue justice and change. The comparative examination has shown that although there are jurisdictions that have achieved more in integrating Indigenous voices (through co-management arrangements or the legalisation of natural persons), there are still underlying systemic obstacles. The paper ends with a plea for legal amendments to acknowledge the Indigenous customary law, to have the systems of environmental guardianships in place, as well as a change in the methods of justice (based on the issues of restorative justice with a focus on Indigenous values being observed). This article contributes to the brand-new green criminology since it introduces the concept of an anti-colonial legal practice that includes Indigenous sovereignty and nature protection.