From Consultation to Consent: A Comparative Analysis of Arctic States

Abstract

The resource development industry can be a major economic driver in Northern regions, as projects have the potential to provide infrastructure, employment, and strengthened cultural resources for northern Indigenous communities. At their worst, however, resource development projects have the ability to erode cultural practices, threaten traditional livelihoods, and disregard Indigenous rights. In order to support and respect Indigenous rights, Arctic states have various legal frameworks at national and regional levels that outline the requirements for Indigenous consultation when decisions are being made that may affect Indigenous land rights or livelihoods. However, an examination of the legal frameworks and policies of Arctic states with significant Indigenous populations and resource extraction industries reveals that the scope and definition of Indigenous consultations range broadly from state to state, effectively weakening the protection of Indigenous rights. Part IV of this paper outlines the benefits of consultations that adhere to the principles of free, prior, and informed consent (FPIC) as an achievable standard between the resource development sector and Indigenous groups, and provides numerous best practices and guidelines that can be applied in Arctic states to ensure that projects affecting Indigenous rights and traditional lands practice strong social governance through Indigenous participation.