From Expropriation to Compensation: Legal Remedies for Indigenous Land Grievances

Abstract

This article aims to critically examine the legal remedies available for addressing Indigenous land grievances across 
various jurisdictions, focusing on restitution, compensation, recognition, and procedural mechanisms. Using a 
scientific narrative review approach and descriptive analysis method, this study reviewed peer-reviewed academic 
literature, legal texts, court rulings, and international instruments published between 2019 and 2024. Sources were 
selected based on relevance to Indigenous land rights and included case law from Canada, Australia, the United States, 
Brazil, and New Zealand. The analysis identified patterns and challenges in the legal treatment of Indigenous claims 
and evaluated the effectiveness of different forms of remedy. The findings reveal that while legal systems have 
increasingly recognized Indigenous land rights, significant limitations remain in the design and implementation of 
remedies. Restitution is often obstructed by evidentiary and political barriers, compensation is frequently perceived 
as inadequate, and legal recognition is constrained by regulatory limitations. Procedural access to justice is hindered 
by cost, jurisdictional fragmentation, and lack of enforcement. Across jurisdictions, legal remedies tend to reflect 
state-centered frameworks rather than Indigenous worldviews, leading to widespread dissatisfaction and demands 
for transformative reform. Although notable progress has been made in the recognition of Indigenous land rights, 
current legal remedies often fall short of addressing the historical and cultural dimensions of dispossession. 
Achieving meaningful land justice requires rethinking legal paradigms to center Indigenous epistemologies and 
governance systems, supported by enforceable, inclusive, and context-sensitive remedies.