LandMark is a dynamic, online mapping platform that provides critical information on the collective land and natural resource rights of Indigenous Peoples and local communities around the world. The global platform supports local livelihoods and well-being by increasing the visibility of indigenous and community lands and presenting crucial information on the state of land rights.
The dataset "Indicators of the Legal Security of Indigenous and Community Lands" is characterized by a series of ten indicator questions that point to the security of land tenure for Indigenous Peoples or communities as established in national laws.
- LEGAL STATUS - Does the law recognize all rights that Indigenous Peoples or communities exercise over their lands as lawful forms of ownership?
- LAND RIGHTS AND COMMON PROPERTY - Does the law give indigenous or community land rights the same level of protection as the rights under other tenure systems?
- FORMAL DOCUMENTATION - Does the law require the government to provide Indigenous Peoples or communities with a formal title and map to their land?
- LEGAL PERSON - Does the law recognize the Indigenous Peoples or community as a legal person for the purposes of land ownership?
- LEGAL AUTHORITY - Does the law recognize the Indigenous Peoples or community as the legal authority over the land?
- PERPETUITY - Do the law and formal title recognize that indigenous or community land rights may be held in perpetuity?
- RIGHT TO CONSENT BEFORE LAND ACQUISITION - Does the law require the consent of Indigenous Peoples or communities before government or an outsider may acquire their land?
- RIGHTS TO TREES - Does the law explicitly recognize that indigenous or community land rights include the rights to all trees on the land?
- RIGHTS TO WATER - Does the law explicitly recognize that indigenous or community land rights include the rights to local water sources on the land?
- LAND RIGHTS IN PROTECTED AREAS - Does the law uphold indigenous or community land rights in the ownership and governance of national parks and other protected areas?
The assessment of each indicator is based on a review of relevant national laws, including the constitution, statutes, regulations, and high court cases, to the extent they are available.
Each indicator is assigned a score of 1, 2, 3, 4, Not Applicable (N/A), or No Data (ND). The scoring of indicators is based exclusively on express legal provisions.
- 1: Yes, the law addresses the issue fully. The legal framework clearly or expressly meets the issue addressed in the indicator.
- 2: Partial, the law makes significant progress towards addressing the issue. The legal framework makes significant progress towards, but does not entirely meet the issue addressed in the indicator.
- 3: Partial, the law makes only limited progress towards addressing the issue. The legal framework addresses the indicator, but insignificantly.
- 4: No, the law does not address the issue. There are no attempts in the law to meet the issue addressed in the indicator.
- N/A: The indicator is not applicable. Not applicable is used in cases where the subject matter in question is non-existent.
- ND: Not enough data to score or not evaluated. No data applies when the country and/or indicator has not been evaluated or there is a lack of sufficient information.
The average score for the ten indicators of the legal security of indigenous and community lands is also provided.