Strengthening Customary Legal Protection of Sacred Natural Sites against Commercial Development Nigeria and Indonesia

Abstract

Sacred natural sites are vital cultural, spiritual, ecological, and legal places for indigenous and local communities in Nigeria and Indonesia. Nevertheless, there has been an increase in commercial activities such as mining, tourism, infrastructure development, agriculture, and urbanization, threatening the integrity of sacred natural sites and undermining the customary systems of protection of such sites. This study investigates the effectiveness of customary legal protection of sacred natural sites and identifies means of enhancing legal and regulatory recognition of these sites in Nigeria and Indonesia. The study employs a comparative doctrinal research methodology through analysis of constitutional provisions, laws, case law, policies, customs, and academic works from both countries. The findings show that while customary laws and practices continue to be the backbone of protecting sacred natural sites, their efficacy has been reduced because of poor formal recognition, conflicting interests, poor participation of the communities in decision-making processes, ineffective enforcement, and a fragmented environmental governance regime. The study finds that legal protection will be achieved through the harmonization of customary law with statutory laws, formal recognition of custodianship, adequate participation of communities, and proper environmental impact assessment and conflict resolution mechanisms.