What is Benefit Sharing? Respecting Indigenous Rights and Addressing Inequities in Arctic Resource Projects

Emma Wilson

doi:10.3390/resources8020074

Abstract

International standards refer to Indigenous peoples’ right to benefit from resource development, participate in decision-making and determine priorities in development planning that directly affects them. While good practice exists in benefit sharing, Indigenous peoples still lack opportunities for a meaningful role in strategic planning. In his role as UN Special Rapporteur on the Rights of Indigenous Peoples, James Anaya identified a ‘preferred model’ of resource development in which Indigenous peoples have greater control over planning decisions and project implementation, and consequently a more meaningful share of the benefits of resource development. This paper explores the requirements of international standards and guidance alongside different models of benefit sharing in practice by extractive industries in Arctic and sub-Arctic contexts. It is based primarily on desk-based analysis of international hard and soft law and industry standards, while also drawing on ethnographic field research in Russia and Norway. It highlights good practice within mainstream development scenarios and identifies models of benefit sharing that represent a greater degree of Indigenous participation and control. It concludes that there is a need to consider benefit sharing within an overall paradigm that allows greater space for Indigenous voices in decision making, including at the strategic planning stage.

Highlights

Indigenous and local communities are increasingly calling for more equitable benefit sharing by the extractive industries, alongside the effective management of environmental and social risks of industrial activity
This paper focuses primarily on the Arctic context, building on a steadily increasing amount of scholarship related to various aspects of benefit sharing in Arctic resource development [2,3,4,5,6,7,8]
This paper explores the standards and guidance that regulate and shape benefit sharing as it relates to the extractive industries, and some of the different ways that benefit sharing has been implemented in practice in the Arctic and sub-Arctic

Summary

Introduction

Indigenous and local communities are increasingly calling for more equitable benefit sharing by the extractive industries, alongside the effective management of environmental and social risks of industrial activity. The paper focuses in particular on the benefits that accrue to local, especially Indigenous, communities directly affected by resource development. Benefit sharing is not an isolated process and should be considered alongside local and Indigenous rights to land and resources, project impact mitigation, and compensation arrangements. Benefit sharing is distinct from compensation ( there may be overlaps in practice) and relates to broader questions of equitable development. This paper focuses primarily on the Arctic (and sub-Arctic) context, building on a steadily increasing amount of scholarship related to various aspects of benefit sharing in Arctic resource development [2,3,4,5,6,7,8]

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Conclusion