Consent, Resistance and the Duty to Consult

2020 ◽  
Vol 27 (2) ◽  
pp. 270-290 ◽  
Author(s):  
Avigail Eisenberg
Keyword(s):  
Indigenous Peoples ◽  
Land Development ◽  
Indigenous Rights ◽  
Collective Agency ◽  
Development Projects ◽  
Political Alliances ◽  
Meaningful Engagement ◽  
The Government ◽  
Government Of Canada ◽  
Better Than

Until recently, conflicts between Indigenous peoples and the Canadian state over land development projects have proceeded without the requirement that the state or companies obtain Indigenous consent. In 2018, this changed when the Government of Canada released a statement identifying ‘free, prior, and informed consent’ (fpic) as a requirement of meaningful engagement on projects that implicate Indigenous rights. This article considers the promise of consent within consultation processes. Consent is better than its absence, but conflicts over land development often involve rival claims to authority. The principle of consent cannot alone address the challenges posed by these rival claims nor offer appropriate responses to them. Through organised resistance, communities develop collective agency, forge political alliances, and re-appropriate their authority over territory and resources that are significant to them. The introduction of fpic clarifies but does not replace the benefits of resistance for some communities.

scholarly journals Reframing Indigenous Territories: Private Property, Human Rights and Overlapping Claims

2014 ◽  
Vol 38 (4) ◽  
pp. 3-28 ◽  
Author(s):  
Brian Thom
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Private Property ◽  
Indigenous Rights ◽  
The State ◽  
Human Rights Violations ◽  
The Core ◽  
Indigenous Territories ◽  
The Government ◽  
Government Of Canada

This paper considers the implications of the powerful "overlapping territories" map produced by the government of Canada in its attempt to refute human rights violations charges brought by Hul'qumi'num Treaty Group at the Inter-American Commission on Human Rights. The map is at the core of Canada's defense in that it suggests that overlapping indigenous territories negate claims of exclusivity over the land and therefore any kind of obligations the state may have in respect of human or other indigenous rights in those lands. Revealing the limits of cartographic abstractions of indigenous spatialities, as well as the perilous stakes for indigenous peoples when engaging in conventional discourses of territoriality, these issues have broad significance.

Indian Group of Seven

2018 ◽  
Author(s):  
Matthew Ryan Smith
Keyword(s):  
Indigenous Peoples ◽  
Subject Matter ◽  
Indigenous Rights ◽  
Indian Policy ◽  
Group Of Seven ◽  
Colonial Legacies ◽  
The Government ◽  
Government Of Canada ◽  
Professional Artists ◽  
Indian Group

The Indian Group of Seven is an ironic title given by a reporter from the Winnipeg Free Press to a collective of Indigenous artists from Canada, including Jackson Beardy (1944–1984), Eddy Cobiness (1933–1996), Alex Janvier (b. 1935), Norval Morrisseau (1932–2007), Daphne Odjig (b. 1919), Carl Ray (1942–1978), and Joseph Sanchez (b. 1948). Their name is a direct reference to the Group of Seven, a collective of Canadian artists who used the Canadian landscape as their primary subject matter in the 1920s and 1930s. The Indian Group of Seven emerged soon after Montreal’s 1967 International and Universal Exposition, and the 1969 release of the Statement of the Government of Canada on Indian policy—events that were heavily criticized for supporting colonial legacies and supressing Indigenous rights. The Group’s artwork reacted against such politics. They sought to break cultural and political stereotypes by demanding recognition as professional artists, by challenging established meanings of contemporary Indigenous art, and reconsidering social relationships to Indigenous peoples. The Indian Group of Seven helped to change the preconceived notion that Indigenous artists were preoccupied with traditional craftwork such as weaving, pottery, and carving.

scholarly journals Wii Niiganabying (Looking Ahead):

2020 ◽  
Vol 1 (1) ◽  
pp. 59-71
Author(s):  
Joshua Manitowabi
Keyword(s):  
Indigenous Peoples ◽  
Turning Point ◽  
Indigenous Education ◽  
Indigenous Rights ◽  
Indigenous Communities ◽  
White Paper ◽  
Educational Funding ◽  
Positive Identity ◽  
The Government ◽  
Government Of Canada

Fifty years ago, Indigenous elders and leaders drafted their response to the Statement of the Government of Canada on Indian Policy (White Paper of 1969). Their formal rebuttal, Citizens Plus (Red Paper), published in 1970, was a turning point in Indigenous education policy. It marked the beginning of the shift away from government-controlled, assimilationist educational policies to greater Indigenous control over funding and pedagogical methods. The Red Paper refuted the White Paper’s main conclusions and stated that Indigenous peoples are “citizens plus” because the federal government is legally bound to provide Indigenous peoples with services in exchange for the use of the land they occupy. The most important Indigenous rights to be upheld included education, health care, Aboriginal status, and Aboriginal title. These unique rights recognized that Indigenous peoples are the original owners of all the natural resources on their traditional treaty lands. The Red Paper became a political turning point for Indigenous peoples in Canada by presenting an Indigenous vision for a new political and legal relationship between Canada and Indigenous peoples based on Aboriginal and treaty rights. Since the 1970s, Indigenous leaders have struggled to maintain control of educational funding while having to abide by provincial standards of educational curricula. Indigenous communities want to provide more positive learning experiences and positive identity through reconceptualizing educational curricula. They are exploring ways to indigenize the educational experience by igniting cultural resurgence through the integration of Indigenous languages, knowledge, culture, and history by reconnecting students to their elders, land, and communities.

Evolving Standards of Indigenous Peoples Engagement and Managing Project Risk

2018 ◽  
Author(s):  
Bruce D. Vincent ◽  
Indra L. Maharaj
Keyword(s):  
Indigenous Peoples ◽  
Social Acceptance ◽  
Indigenous Rights ◽  
Performance Standards ◽  
Active Role ◽  
International Standards ◽  
Corporate Policies ◽  
The Government ◽  
Government Of Canada ◽  
United Nations Declaration

The standards for Indigenous engagement are evolving rapidly in Canada. The risks to project approvals and schedules, based on whether consultation has been complete, have been recently demonstrated by the denial of project permits and protests against projects. Indigenous rights and the duty to consult with affected Indigenous groups is based on the Constitution Act, 1982 and has been, and is being, better defined through case law. At the same time, international standards, including the International Finance Corporation Performance Standards and the United Nations Declaration on the Rights of Indigenous Peoples, are influencing government and corporate policies regarding consultation. The Government of Canada is revising policies and project application review processes, to incorporate the recommendations of the Truth and Reconciliation Commission of Canada; that Commission specifically called for industry to take an active role in reconciliation with Canada’s Indigenous peoples. Pipeline companies can manage cost, schedule and regulatory risks to their projects and enhance project and corporate social acceptance through building and maintaining respectful relationships and creating opportunities for Indigenous participation in projects.

Realising Ainu indigenous rights: a commentary on Hiroshi Maruyama's ‘Japan's post-war Ainu policy. Why the Japanese Government has not recognised Ainu indigenous rights?’

Polar Record ◽  
2013 ◽  
Vol 50 (2) ◽  
pp. 209-211 ◽  
Author(s):  
Naohiro Nakamura
Keyword(s):  
United Nations ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Japanese Government ◽  
The United Nations ◽  
The Government ◽  
Post War ◽  
Legal Frameworks ◽  
United Nations Declaration

ABSTRACTThis commentary reviews Maruyama's article ‘Japan's post-war Ainu policy: why the Japanese Government has not recognised Ainu indigenous rights?’ (Maruyama 2013a), published in this journal. Maruyama criticises the government for its reluctance to enact a new Ainu law to guarantee indigenous rights, even after Japan's ratification of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). However, in actuality, the government is searching for the foundation of new Ainu policies in the existing legal frameworks and trying to guarantee some elements of indigenous rights. Japan's case suggests the possibility of realising indigenous rights without the enactment of a specific law.

“This Is Going to Affect Our Lives”: Exploring Huu-ay-aht First Nations, the Government of Canada and British Columbia’s New Relationship Through the Implementation of the Maa-nulth Treaty

2018 ◽  
Vol 33 (3) ◽  
pp. 309-334 ◽  
Author(s):  
Vanessa Sloan Morgan ◽  
Heather Castleden ◽  
Keyword(s):  
British Columbia ◽  
First Nations ◽  
Indigenous Peoples ◽  
150Th Anniversary ◽  
Canadian Provinces ◽  
The Government ◽  
Government Of Canada

AbstractCanada celebrated its 150th anniversary since Confederation in 2017. At the same time, Canada is also entering an era of reconciliation that emphasizes mutually respectful and just relationships between Indigenous Peoples and the Crown. British Columbia (BC) is uniquely situated socially, politically, and economically as compared to other Canadian provinces, with few historic treaties signed. As a result, provincial, federal, and Indigenous governments are attempting to define ‘new relationships’ through modern treaties. What new relationships look like under treaties remains unclear though. Drawing from a comprehensive case study, we explore Huu-ay-aht First Nations—a signatory of the Maa-nulth Treaty, implemented in 2011—BC and Canada’s new relationship by analysing 26 interviews with treaty negotiators and Indigenous leaders. A disconnect between obligations outlined in the treaty and how Indigenous signatories experience changing relations is revealed, pointing to an asymmetrical dynamic remaining in the first years of implementation despite new relationships of modern treaty.

A retrospective on reconciliation by design

2018 ◽  
Vol 32 (1) ◽  
pp. 15-19 ◽  
Author(s):  
Alika T. Lafontaine ◽  
Christopher J. Lafontaine
Keyword(s):  
First Nations ◽  
Indigenous Peoples ◽  
Indigenous Health ◽  
Transformational Change ◽  
Alternative Approach ◽  
Stakeholder Alignment ◽  
The Government ◽  
Government Of Canada ◽  
Multi Stakeholder ◽  
Thinking Tools

It is well-established that Indigenous Peoples continue to experience a lower level of health than non-Indigenous Peoples in Canada. For many health leaders, finding practical strategies to close the gap in health disparities remains elusive. In this retrospective study, we will illustrate our own experience of transformational change using design and systems thinking tools toward a primary outcome of multi-stakeholder alignment. Using this approach enabled three Indigenous Provincial/Territorial Organizations (IPTOs) representing more than 150 First Nations communities from Saskatchewan, Manitoba, and Ontario to establish the largest community-led, collaborative approach to health transformation in Canada at the time. These IPTOs have gone on to pursue some of the most ambitious health transformation initiatives in Canada and in September 2018, were granted $68 million in funding support by the Government of Canada. If health leaders are looking at an alternative approach to closing the gap in Indigenous health, alignment thinking has shown promising results.

scholarly journals Transition Status of Land Property Values Based on State Land to Be Justice (Study on The Granting of Compensation of Land Development Projects Pemalang - Batang Toll Road)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 801
Author(s):  
Anisa Humaida ◽  
Umar Ma'ruf
Keyword(s):  
Property Rights ◽  
Land Development ◽  
Transition Process ◽  
General Nature ◽  
Development Projects ◽  
Toll Road ◽  
Principle Of Justice ◽  
Presidential Decree ◽  
The Government ◽  
Land Property Rights

Practice transitional land rights usually involve communities affected by development projects such as those in Pemalang-Batang toll road construction project. The method used in this research is juridical empirical method. This research is descriptive. With the research that is descriptive, it can be analyzed and compiled the data collected, so that it can be concluded that a general nature, as well as giving a clear picture of the role of the Notary in the transaction of land acquisition for the construction site of Pemalang-Batang Toll Road (PBTR) , The field data were analyzed qualitatively and literature that only retrieve data related to the issues discussed. Legal uncertainty for public land needs to be a concern for the government. As for efforts to be made, among others, regulatory arrangement to produce quality legal regulations, Based on Presidential Decree Number 36 Of 2005 and Presidential Decree No. 65 of 2006, there are two points that are important in the release of land property rights to state land. The process of transitional status of land property rights to state land to development projects Pemalang-Batang toll road has reached 99.21% starting in October 2017. This indicates that the transition process is almost completed and the soil needs to be studied further whether the operation has been fulfilling the principle of justice, Based on Presidential Decree Number 36 Of 2005 and Presidential Decree No. 65 of 2006, there are two points that are important in the release of land property rights to state land. The process of transitional status of land property rights to state land to development projects Pemalang-Batang toll road has reached 99.21% starting in October 2017. This indicates that the transition process is almost completed and the soil needs to be studied further whether the operation has been fulfilling the principle of justice, Based on Presidential Decree Number 36 Of 2005 and Presidential Decree No. 65 of 2006, there are two points that are important in the release of land property rights to state land. The process of transitional status of land property rights to state land to development projects Pemalang-Batang toll road has reached 99.21% starting in October 2017. This indicates that the transition process is almost completed and the soil needs to be studied further whether the operation has been fulfilling the principle of justice.Keywords: Switching Status of Land; Land Property; State Land.

scholarly journals Section 35 Legal Framework: Implications for Evaluation

2020 ◽  
Vol 34 (3) ◽  
Author(s):  
Robert Patrick Shepherd
Keyword(s):  
Indigenous Peoples ◽  
Professional Ethics ◽  
Indigenous Rights ◽  
Legal Framework ◽  
Legal Principles ◽  
Program Evaluations ◽  
Indigenous Nations ◽  
The Government ◽  
Relationship Of

Developments in Canada’s constitutional and legal framework since 1982 set the stage for the current Liberal government’s nation to nation policy which recognizes Indigenous rights and seeks to build a relationship of respect and partnership through reconciliation with Indigenous peoples. These developments have important implications for those engaged in policy and program evaluations who are now called upon - not only by their own professional ethics but by the legal principles flowing from section 35 - to reimagine their approach and work as partners with Indigenous nations based on the recognition of Indigenous rights, reconciliation and the Crown’s duty to act honourably in all of its dealings with Indigenous peoples. There are no off the shelf answers for how this can be done. Evaluations professionals will need to be guided by these key legal principles and the progressive view set out in the Liberal government’s Principles Respecting the Government of Canada’s Nation to Nation Relationship with Indigenous Peoples.  

Renewing Relationships? Solitudes, Decolonisation, and Feminist International Policy

2021 ◽  
pp. 030582982110509
Author(s):  
Liam Midzain-Gobin ◽  
Caroline Dunton
Keyword(s):  
Discourse Analysis ◽  
Indigenous Peoples ◽  
International Policy ◽  
International Assistance ◽  
Policy Initiatives ◽  
Feminist Discourse ◽  
The Government ◽  
Government Of Canada ◽  
Recent Policy

In this article we seek to understand how gendered coloniality is re-affirmed and reproduced. It does so by analysing the inter-national relationships formalised through two recent policy initiatives by the Government of Canada: its Feminist International Assistance Policy and ongoing bilateral mechanisms with Indigenous peoples organisations. Using feminist discourse analysis, we argue that the logics underpinning these initiatives are treated as mutually exclusive, with the result being solitudes across policy areas – Indigenous reconciliation and feminist governance – that should instead overlap. Our analysis suggests that in addition to failing to address systemic marginalisation, establishing exclusive domains of feminist and reconciliation policy reproduces gendered coloniality through the building of inter-national relationships. Ultimately, this results in a failure of both policy initiatives.

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