Custom & Holistic Governance

The statement “custom is law” refers to customary law, which is a system of legal rules derived from long-standing customs, traditions, and practices of a community. These customs, when widely accepted and followed, can be recognized as legally binding, even without being formally written or codified. 

Customary law relies on the principle of immemorial usage, depending on what today is known as “holistic management” in governance, or holistic governance for short.

Holistic governance refers to an approach that integrates various aspects of decision-making, planning, and implementation to achieve a more comprehensive and sustainable outcome. It acknowledges the interconnectedness of social, environmental, and economic factors, as well as the long-term consequences of actions. This approach is increasingly relevant in addressing complex challenges like climate change, poverty, and resource management, where solutions require collaboration across different sectors and levels of governance. 

Here’s a more detailed look at holistic governance:

Key Principles and Characteristics:

Integrated Perspective

Holistic governance recognizes that problems and solutions are rarely isolated. It emphasizes the need to consider the interconnectedness of different systems (social, environmental, economic) and the potential impact of decisions on all stakeholders. 

Long Term Focus

It prioritizes long-term sustainability and resilience over short-term gains. This involves considering the potential consequences of actions on future generations and the environment. 

Stakeholder Engagement

Holistic governance involves actively engaging with a wide range of stakeholders, including tribal members, businesses, and non-governmental organizations, to ensure diverse perspectives are considered in decision-making. 

Adaptive Management

It embraces flexibility and adaptability, recognizing that solutions may need to be adjusted as new information becomes available or as circumstances change. This involves continuous monitoring, evaluation, and learning. 

Cross-Sectoral Collaboration

It promotes collaboration and coordination across community stewardships and different government departments, agencies, and levels of government, as well as with external partners. 

Resource Optimization

It seeks to optimize the use of resources (financial, human, natural) by avoiding duplication, promoting efficiency, and fostering innovation. 

Indian Country Grassroots Support -- Example of a rural tribal 501c3 with holistic governance

For Indian Country Grassroots Support, holistic governance begins with a vision with 3 key components: 

(1) Quality of life for the team and for service community. This needs to be self-defined. This includes air, water and land, we are the stewards. Family bonds (without need for blood quantum, which was an invention for the Allotment Act). What did the Holy People say before their departure? (1) Don’t forget the 12 elements in the song. (2) Don’t forget your language.

(2) Framework and actions that organically support the envisioned quality of life and which reflects the value system of the team and service community. This includes our value system. We live in a living world which is related to us. 

(3) Always included in planning, decisions, and actions is the vision of what the team and service community will look like 102 years from now

A rural 501(c)(3) nonprofit, with limited resources and personnel, can be structured to resemble a collective, with a board that actively participates as part of the team, and that is what ICGS chooses. It can adopt a collective-like structure by emphasizing shared decision-making, “flat” (horizontal) hierarchies, and active board involvement in operations. The board of directors can take on and be compensated for operational roles, such as participating in programs, projects, or day-to-day management, in addition to their unpaid voluntary governance responsibilities. This aligns with a collective model where leadership is more collaborative and less hierarchical. For example: Board members can serve as program coordinators, volunteers, or staff, provided their roles are clearly defined. The organization can adopt bylaws that encourage participatory governance, such as consensus-based decision-making or rotating leadership roles.

In 2025, ICGS chose to rename and redefine the Board of Directors and officers as a stewardship, with officers and directors combined as stewards with rotating leadership roles. Stewards are those who shoulder responsibility for the organization’s decisions without financial self-interest. Stewards are unpaid but may take on operational duties for which they are reasonably compensated

E.g. The rotating senior steward is named the goalkeeper, whose role will be like grandma who asks, why are you doing this? And why are you thinking this? They ask questions, they search why you are acting, thinking in a certain way, and want you to explain. They don’t immediately dictate, reserving decisions until they are thoroughly certain, include everything that matters to the vision. Then adapt swiftly and accordingly. 

To emphasize adaptive governance, our bylaws are organic or living. This means our bylaws themselves are adaptive. 

The Holistic Governance option for Tribal Nations

Holistic governance, in the context of indigenous reservations in the USA, refers to an integrated approach to tribal leadership and decision-making that draws on traditional ecological knowledge (TEK), cultural values, community involvement, and intergenerational wisdom. It emphasizes the interconnectedness of social, environmental, economic, spiritual, and health aspects of life, often contrasting with more fragmented federal or state-imposed systems. This model aligns with indigenous worldviews that view land, water, and resources as relational entities requiring stewardship rather than mere exploitation. 

Organizations like the Harvard Project on Indigenous Governance and Development promote such strategies through “nation-building toolboxes” that empower tribes to strengthen self-governance, economic fabrics, and cultural resilience. Similarly, initiatives from the National Congress of American Indians (NCAI) and the Native American Rights Fund (NARF) advocate for defending tribal sovereignty while addressing issues like environmental protection and community well-being through holistic lenses.

Current governance on many U.S. indigenous reservations faces significant challenges, including poverty, limited sovereignty due to federal trust responsibilities, health disparities, and environmental degradation. Reservations often hold valuable natural resources like coal, timber, and uranium, but economic development is hampered by jurisdictional complexities, financing barriers, and isolation. Psychological distress is also prevalent, though living primarily on reservation lands can serve as a protective factor by fostering strong tribal social networks and cultural identity. Federal policies, while providing some support, have historically trapped tribes in cycles of dependency and uncertainty.

Empowering Tribes to lead in ways that honor traditions

Holistic governance is a promising path forward, as it empowers tribes to lead in ways that honor their traditions while addressing modern needs. Key advantages include:

  • Environmental Stewardship and Conservation: Returning lands to tribes or enabling co-stewardship integrates TEK, leading to better biodiversity outcomes. For instance, the Yurok Tribe in California has restored over 80,000 acres, including salmon habitats, using traditional practices like prescribed burns to manage wildfires and enhance ecosystems. Studies show indigenous-managed lands in the U.S. and globally support higher vertebrate species richness than conventional protected areas. Indigenous approaches to wildlife and water governance emphasize harmony with nature, as seen in land-based healing practices that promote ecological balance.
  • Social and Health Resilience: Holistic models prioritize community networks, subsistence practices, and cultural renewal, which reduce psychological distress and promote well-being. Research on two tribes found that lifelong residence on reservations correlates with lower distress odds due to extended social support systems like clans. Subsistence activities, such as hunting and gathering, foster physical health, cultural identity, and intergenerational knowledge transfer. Traditional healing combined with modern medicine further supports holistic health.
  • Economic and Self-Determination Empowerment: By centering indigenous values, governance can drive sustainable development. The Harvard Project highlights strategies for tribes to build thriving economies while preserving culture. Recent federal investments have supported tribal-led initiatives, including addressing missing and murdered indigenous peoples. Philanthropic efforts, such as those from the Seventh Generation Fund, focus on community power and climate justice through native-led regranting.
  • Cultural and Political Representation: Holistic governance advances genuine tribal input in policy, as seen in calls for indigenous rights in natural resource management. This fosters ethical partnerships with governments and NGOs.

Hurdles

While promising, holistic governance isn’t without hurdles:

  • Implementation Barriers: Federal trust responsibilities and patchwork land ownership can create high transaction costs and legal uncertainties, limiting full autonomy. Internal tribal disputes or isolation may slow progress.
  • Opposition and Assimilation Views: Some critics argue reservations perpetuate favoritism or dependency, advocating for integration into standard U.S. systems by converting lands to fee-simple ownership and applying uniform laws. This perspective sees the reservation system as outdated, potentially eroding cultural distinctiveness.
  • Resource and Equity Gaps: Not all tribes have equal access to TEK integration or funding; disparities in health, education, and employment persist. Climate change and pollution exacerbate vulnerabilities.

Overall, holistic governance is a strong way forward for U.S. indigenous communities, as it builds on strengths like TEK and community resilience to tackle longstanding issues. Success depends on expanded self-determination and multi-layered collaborative support, including community-based stewardship, through governmental, private and community co-stewardship and investments. Tribes like the Yurok and initiatives from NARF demonstrate its viability, potentially leading to more equitable, sustainable outcomes for indigenous communities and broader society.

Examples of holistic governance by fields (AI)

Integrated Water Resource Management (IWRM):

IWRM considers the social, economic, and environmental aspects of water management, promoting sustainable use and equitable access to water resources. 

Ecosystem-based Adaptation:

This approach uses ecosystems to help communities adapt to the impacts of climate change, such as using wetlands for flood control or mangroves for coastal protection. 

Sustainable Urban Development:

Holistic approaches to urban development integrate transportation, housing, green spaces, and other factors to create more livable, equitable, and sustainable cities. 

Public Health Initiatives:

Public health programs increasingly adopt a holistic approach by addressing social determinants of health, such as poverty, education, and access to healthcare, alongside traditional medical interventions. 

Circular Economy Models:

These models aim to minimize waste and maximize resource utilization by promoting reuse, recycling, and remanufacturing, aligning with the principles of holistic management. 

General benefits of Holistic Governance for any program

Improved Decision-Making:

By considering a wider range of factors and perspectives, holistic management can lead to more informed and effective decisions. 

Enhanced Sustainability:

It promotes long-term sustainability by addressing the interconnectedness of social, economic, and environmental systems. 

Increased Resilience:

It helps communities and systems become more resilient to shocks and stresses, such as climate change or economic downturns. 

Greater Efficiency and Effectiveness:

By promoting collaboration and coordination, it can reduce duplication of effort and improve the overall efficiency of governance. 

Improved Quality of Life:

By addressing social, economic, and environmental factors, holistic management can contribute to a higher quality of life for citizens. 

Challenges of Implementing Holistic Governance

Complexity and Coordination — Holistic approaches can be complex to implement, requiring coordination across different sectors, agencies, and levels of government. 

Resistance to Change — Entrenched non-holistic methods and interests may resist the shift towards a more holistic perspective. 

Measuring Success — It can be challenging to measure the success of holistic interventions, as outcomes may be complex and long-term. 

Political Will — Effective implementation of holistic governance requires strong political leadership and commitment. 

In conclusion, holistic management in governance offers a powerful framework for addressing complex challenges and building more sustainable and resilient societies.

Envisioning Present & Future

Photo: Sharon Tsosie

We have grown used to a foreign culture that is not principled on relational roles and mutual wellness; that we have grown used to isolated effort, scarcity, profit and loss as the life principles.

Scarcity has replaced Diné culture in which there may never have been abundance, but there was always enough to take care of us all.

LGO extension agents and steward dreamers

Land use permits conditioned on single uses and measured on the life of a human being rather than generations is unnatural in our culture, and makes it difficult to collaborate, be adaptive, and nearly impossible to put quality of life, as a community, at the forefront.

Painting: Kyleigh Garter. LEFT: how it feels now. RIGHT: how it will feel in future.

A disabilities state representative recently shared that their state had poured funds into rural job creation, which was unsuccessful as the area lacked infrastructure for disabled and elderly. 

Families with weak, ill and elderly members cannot live in any area where their families lack care. The need for caregiving and jobs are the main reasons for leaving the reservation. 

LGO extension agent and students, Navajo Nation Museum

20 years ago, a youth movement thrived across the reservation, in which Diné youth were invigorated to become leaders of the future. Many of these youth have moved away. With AI threatening jobs across the world, it is expected that our people will return. 

What is our responsibility to our present youth? Diné College Land Grant Office are training a batch of youth who are intent on developing farms in informal teamwork until all of us can envision a formal manner for a Diné-based shared economy, that combines efforts and arrangements in all areas of governed life.