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Negotiated agreements play a critical role in setting the conditions under which resource development occurs on Indigenous land. Our understanding of what determines the outcomes of negotiations between Indigenous peoples and commercial interests is very limited. With over two decades experience with Indigenous organisations and communities, Ciaran O’Faircheallaigh's book offers the first systematic analysis of agreement outcomes and the factors that shape them, based on evaluative criteria developed especially for this study; on an analysis of 45 negotiations between Aboriginal peoples and mining companies across all of Australia’s major resource-producing regions; and on detailed case studies of four negotiations in Australia and Canada.
This edited collection is an interdisciplinary and international collaborative book that critically investigates the growing phenomenon of Indigenous-industry agreements – agreements that are formed between Indigenous peoples and companies involved in the extractive natural resource industry. These agreements are growing in number and relevance, but there has yet to be a systematic study of their formation and implementation. This groundbreaking collection is situated within frameworks that critically analyze and navigate relationships between Indigenous peoples and the extraction of natural resources. These relationships generate important questions in the context of Indigenous-industry agreements in diverse resource-rich countries including Australia and Canada, and regions such as Africa and Latin America. Beyond domestic legal and political contexts, the collection also interprets, navigates, and deploys international instruments such as the United Nations Declaration on the Rights of Indigenous Peoples in order to fully comprehend the diverse expressions of Indigenous-industry agreements. Indigenous-Industry Agreements, Natural Resources and the Law presents chapters that comprehensively review agreements between Indigenous peoples and extractive companies. It situates these agreements within the broader framework of domestic and international law and politics, which define and are defined by the relationships between Indigenous peoples, extractive companies, governments, and other actors. The book presents the latest state of knowledge and insights on the subject and will be of value to researchers, academics, practitioners, Indigenous communities, policymakers, and students interested in extractive industries, public international law, Indigenous rights, contracts, natural resources law, and environmental law.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Proposals for more effective natural resource governance emphasize the importance of institutions and governance, but say less about the political conditions under which institutional change occurs. Governing Extractive Industries synthesizes findings regarding the political drivers of institutional change in extractive industry governance. It analyses resource governance from the late nineteenth century to the present in Bolivia, Ghana, Peru, and Zambia, focusing on the ways in which resource governance and national political settlements interact. The authors focus on the ways in which resource governance and national political settlements interact, exploring the nature of elite politics, the emergence of new political actors, forms of political contention, changing ideas regarding natural resources and development, the geography of natural resource deposits, and the influence of the transnational political economy of global commodity production.
This book offers multidisciplinary perspectives on the changing relationships between states, indigenous peoples and industries in the Arctic and beyond. It offers insights from Nordic countries, Canada, Australia, New Zealand and Russia to present different systems of resource governance and practices of managing industry-indigenous peoples’ relations in the mining industry, renewable resource development and aquaculture. Chapters cover growing international interest on Arctic natural resources, globalization of extractive industries and increasing land use conflicts. It considers issues such as equity, use of knowledge, development of company practices, conflict-solving measures and the role of indigenous institutions. Focus on Indigenous peoples and Governance triangle Multidisciplinary: political science, legal studies, sociology, administrative studies, Indigenous studies Global approach: Nordic countries, Canada, Russia, Australia, New Zealand and Canada Thorough case studies, rich material and analysis The book will be of great interest to legal scholars, political scientists, experts in administrative sciences, authorities at different levels (local, regional and nations), experts in human rights and natural resources governance, experts in corporate social governance.
Indigenous peoples have suffered disproportionately from the effects of extractive industries on their lands and livelihoods, including environmental degradation, human rights violations, and dispossession. Although the abuses have been ongoing, there has been a growing assertion of the rights of indigenous peoples to decide their own development paths, which frequently calls for the rejection of large-scale extractive projects. Based primarily on the proceedings of an International Conference on Extractive Industries and Indigenous Peoples that took place in Manila in March 2009, this book thematically explores the nature of the problem, reviews recent developments and analyses the strategies employed at local, national, and international levels.
This book intends to inform the key participants in extractive projects – namely, the communities, the host governments and the investors – about good practice for effective community engagement, based on analysis of international standards and expectations, lessons from selected case-studies and innovations in public participation. The extent of extractive industries varies widely around the Arctic as do governmental and social attitudes towards resource development. Whilst most Arctic communities are united in seeking investment to fund education, healthcare, housing, transport and other essential services, as well as wanting to benefit from improved employment and business opportunities, they have different views as to the role that extractive industries should play in this. Within each community, there are multiple perspectives and the goal of public participation is to draw out these perspectives and seek consensus. Part I of the book analyses the international standards that have emerged in recent years regarding public participation, in particular, in respect of indigenous peoples. Part II presents six case studies that aim to identify both good and bad practices and to reflect upon the distinct conditions, needs, expectations, strategies and results for each community examined. Part III explores the importance of meaningful participation from a corporate perspective and identifies some common themes that require consideration if Arctic voices are to shape extractive industries in Arctic communities. In drawing together international law and standards, case studies and examples of good practice, this anthology is a timely and invaluable resource for academics, legal advisors and those working in resource development and public policy.
From sun-baked Black Mesa to the icy coast of Labrador, native lands for decades have endured mining ventures that have only lately been subject to environmental laws and a recognition of treaty rights. Yet conflicts surrounding mining development and indigenous peoples continue to challenge policy-makers. This book gets to the heart of resource conflicts and environmental impact assessment by asking why indigenous communities support environmental causes in some cases of mining development but not in others. Saleem Ali examines environmental conflicts between mining companies and indigenous communities and with rare objectivity offers a comparative study of the factors leading to those conflicts. Mining, the Environment, and Indigenous Development Conflicts presents four cases from the United States and Canada: the Navajos and Hopis with Peabody Coal in Arizona; the Chippewas with the Crandon Mine proposal in Wisconsin; the Chipewyan Inuits, Déné and Cree with Cameco in Saskatchewan; and the Innu and Inuits with Inco in Labrador. These cases exemplify different historical relationships with government and industry and provide an instance of high and low levels of Native resistance in each country. Through these cases, Ali analyzes why and under what circumstances tribes agree to negotiated mining agreements on their lands, and why some negotiations are successful and others not. Ali challenges conventional theories of conflict based on economic or environmental cost-benefit analysis, which do not fully capture the dynamics of resistance. He proposes that the underlying issue has less to do with environmental concerns than with sovereignty, which often complicates relationships between tribes and environmental organizations. Activist groups, he observes, fail to understand such tribal concerns and often have problems working with tribes on issues where they may presume a common environmental interest. This book goes beyond popular perceptions of environmentalism to provide a detailed picture of how and when the concerns of industry, society, and tribal governments may converge and when they conflict. As demands for domestic energy exploration increase, it offers clear guidance for such endeavors when native lands are involved.
International institutions (United Nations, World Bank) and multinational companies have voiced concern over the adverse impact of resource extraction activities on the livelihood of indigenous communities. This volume examines mega resource extraction projects in Australia, Bolivia, Canada, Chad, Cameroon, India, Nigeria, Peru, the Philippines.
This book explores the obstacles facing indigenous communities, non-governmental organizations, governments, and international institutions in their attempts to protect the cultures of indigenous peoples and the world’s remaining rainforests. Indigenous peoples are essential as guardians of the world’s wild places for the maintenance of ecosystems and the prevention of climate change. The Amazonian/Andean indigenous philosophies of sumac kawsay/suma qamaña (buen vivir) were the inspiration for the incorporation of the Rights of Nature into the Ecuadorian and Bolivian constitutions of 2008 and 2009. Yet despite the creation of the United Nations Permanent Forum on Indigenous Issues (2000), and the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (2007), indigenous peoples have been marginalized from intergovernmental environmental negotiations. Indigenous environment protectors’ lives are in danger while the Amazon rainforests continue to burn. By the third decade of the 21st century, the dawn of “woke” capitalism was accompanied by the expansion of ethical investment, with BlackRock leading the field in the “greening” of investment management, while Big Oil sought a career change in sustainable energy production. The final chapters explain the confluence of forces that has resulted in the continued expansion of the extractive frontier into indigenous territory in the Amazon, including areas occupied by peoples living in voluntary isolation. Among these forces are legal and extracurricular payments made to individuals, within indigenous communities and in state entities, and the use of tax havens to deposit unofficial payments made to secure public contracts. Solutions to loss of biodiversity and climate change may be found as much in the transformation of global financial and tax systems in terms of transparency and accountability, as in efforts by states, intergovernmental institutions and private foundations to protect wild areas through the designation of national parks, through climate finance, and other “sustainable” investment strategies.