Indigenous Authorities Research Articles

Marine Spatial Planning and the loss of traditional power in Fiji and the Cook Islands

A rapidly expanding area of marine space in the Pacific is being assessed under a process known as Marine Spatial Planning (MSP). Through the political process, MSP brings together an assemblage of national governments, private organizations and local communities to define how marine spaces should be governed. MSP results in numerous new marine spatial categories that delimit an area according to the respective principals and rules decided upon. The authors of this article argue that traditional powers to make and enforce decisions concerning the governance of marine spaces have been weakened through the political process of MSP in the Pacific. The responses that emerged from conducting qualitative semi‐structured interviews with participants in Fiji and the Cook Islands indicate that indigenous marine authority is being undermined through manipulation of the MSP process. The findings further revealed an underlying recognition that the MSP process has proven to be incapable of equitably weighing indigenous Pacific Islanders’ interests in relation to the economic, environmental and security interests of external ocean stakeholders. The authors further argue that external ocean stakeholders can successfully pursue their own objectives through the MSP process in ways that bypass indigenous authority.

PRECAUTIONARY MEASURE AGAINST INDIGENOUS PERSONS IN ECUADOR: AN ANALYSIS OF ITS CULTURAL AND LEGAL APPROPRIATENESS

Objetive: This article analyzes the appropriateness of pretrial detention when used as a precautionary measure in criminal procedures against Indigenous persons in Ecuador. Theoretical structure: The theoretical framework is based on the doctrine of criminal guarantees and the conventional obligations of the Ecuadorian state, mainly from inter-American jurisprudence. The discussion is complemented by a critical analysis of positivism and the persistence of the colonialist vision in the institutionality of the criminal justice system. Method: A doctrinal and jurisprudential approach is carried out, which is complemented with an analysis based on the ethnographic approach and interpretation of the normative as discourse. Conclusion: With regard to pretrial detention, Inter-American law has developed standards that will be analyzed in the framework of cultural diversity, seeking to establish a few guidelines for an intercultural interpretation, in which Indigenous authorities may participate in the precautionary guarantees. Therefore, the Constitutional Court of Ecuador has rendered many judgments that adhere to intercultural guidelines for cases and trials against Indigenous peoples and nationalities.

The principle of innocence in the administration of indigenous justice in Ecuador

The administration of indigenous justice in Ecuador is characterized by having different schemes and ways of resolving a conflict; That is to say, each Aboriginal community and nationality applies indigenous justice according to its worldview, customs, and traditions; however, in general, the principle of innocence that emanates from positive law is also observed within ancestral jurisdiction. The objective of the manuscript is to critically analyze the procedure applied in the administration of indigenous justice to determine whether the principle of presumption of innocence is guaranteed. To carry out this activity, the inductive, analytical, customary, and descriptive method is used; Due to the vision, the objectives, and the complexity, a mixed qualitative-quantitative approach is assumed; It is pure, dogmatic, legal analytical, and descriptive legal; non-experimental design. The population involved is made up of Constitutional Guarantees Judges and indigenous authorities, to whom a six-question multiple choice questionnaire is applied. The results indicate that the investigations and tests determine the innocence or not of the accused, on the other hand, the main evidence that is analyzed within indigenous justice to determine the guilt of the offender is the testimony and background of the offender, this allows conclude by pointing out that if the principle of presumption of innocence is guaranteed in the administration of indigenous justice.

The Role of Trust, Respect, and Relationships in Maintaining Lived Experience and Indigenous Authority in Co-Designed Research with People Living with Disability

Co-design of research can evolve organically when the questions to be asked have their roots deep1 in the soil of partnerships based on trust, respect, and a common vision for equity and inclusion. White Questions—Black Answers, a PhD thesis research project focusing on the inclusion of Indigenous students with disability in the Australian Higher Education Sector, demonstrates this premise. Founded on Indigenous Standpoint Theory, the methodology of this research foregrounds the central role of Indigenous people with lived experience of disability—in the study design, its implementation, and in the validation of the results. This paper shares the conceptual framework and relationship hierarchy for the research, ensuring that the authority of those with lived experience was maintained and central to all research activities. It showcases a way forward for other fields of co-designed research, delivering both academic rigour and leadership by those with lived experience.

High-risk HPV prevalence and vaccination coverage among Indigenous women in the Colombian Amazon: Implications for cervical cancer prevention. Cross-sectional study.

Cervical cancer, primarily caused by Human Papillomavirus (HPV) transmission through sexual contact, necessitates comprehensive strategies to combat its impact on women's health. Yet, certain underserved populations, such as low socioeconomic and ethnic minority groups, encounter barriers in accessing timely interventions and early diagnosis. This cross-sectional study was conducted with the aim of assessing HPV prevalence, genotype distribution, and co-infections among 280 adult women residing in a Colombian Indigenous Reserve within the Amazon region. The research adhered to a community-centric approach that respected cultural norms, native languages, and Indigenous authorities' permission. The study revealed an overall HPV infection prevalence of 31.1% (n = 87, 95% CI 25.7-36.8), with 22.5% (n = 63, 95% CI 17.7-27.8) of women infected by at least one high-risk HPV genotype and 15.0% (n = 42, 95% CI 11-19.7) infected by at least one LR genotype. These results align with the findings of other Colombian studies. Notable high-frequency genotypes included 16, 52, 66, 56, and 68, with the most common combinations being [66-52] and [66-58]. The study also assessed the prevalence of HPV vaccination, revealing a rate of 22.9%, lower than the national average. In vaccinated women, the prevalence of genotypes 16 and 18 was significantly reduced, as anticipated. Importantly, it was observed that 57.1% of all high-risk HPV infections could have been prevented with the use of the nonavalent vaccine. These findings underscore the critical need to enhance adherence to early cervical cancer detection and monitor positive cases to evaluate high-risk HPV persistence. Efforts should be directed toward continuing vaccination coverage against high-risk HPV 16 and 18 with the quadrivalent vaccine, while also striving to make the nonavalent vaccine accessible for inclusion in large-scale public health programs. Additionally, the study did not identify a specific pattern of co-infection. The study emphasizes the significance of adopting a locally tailored epidemiological approach to guide and promote cervical cancer prevention efforts in Indigenous communities.

Intercultural dialogue as a precondition to mitigate tensions between the ordinary and the special indigenous jurisdictions in Colombia and Ecuador

Despite the jurisprudence issued by the Constitutional Courts of Colombia and Ecuador, which resolve tensions between the ordinary jurisdiction and the special indigenous jurisdiction, these continue to arise on issues such as prior consultation, legitimacy of the penalties applied by indigenous authorities, ethno-education (Colombia), bilingualism (Ecuador), and the rights of isolated indigenous peoples, to mention a few examples. In addition, the special indigenous jurisdiction is endorsed both by the Political Constitution of each country and by the international community, particularly by the American Declaration on the Rights of Indigenous Communities.
 However, even the majority society and public officials, not only those linked to the judicial branch, still do not fully accept the decisions made by the indigenous authorities in their territory.
 It could be said that the special indigenous jurisdiction has not been able to occupy its rightful place in the jurisdictional sphere of the countries. This article will recount the most significant events that have occurred at the international level and in each of the countries, up to the creation of the special indigenous jurisdiction and show the tensions that its creation and operation have caused, through the jurisprudence of the Constitutional Courts.
 Finally, it is necessary to promote intercultural dialogue between the ordinary jurisdiction and the special indigenous jurisdiction, with a strong participation of the majority society and the indigenous community, as a real possibility for the special indigenous jurisdiction to reach its full development.

Resourcing rangatiratanga as part of constitutional transformation: taking equity and sovereignty seriously

ABSTRACT This study explores possibilities for resourcing rangatiratanga, or Indigenous self-determination. We start by illustrating the role of taxation in erasing Indigenous sovereignty to first establish colonial authority, and then maintain this authority through an inequitable taxation system. We are motivated by emerging arguments around the importance for Indigenous practices and perspectives in governance, but without the proper resourcing to do so, Indigenous peoples rely on limited capacity and immeasurable amounts of unpaid labour. We thus explore how a colonial authority has resourced its authority, and erased Indigenous sovereignty, while exploring opportunities to resource Indigenous self-determination. This study merely scratches the surface of possibilities by mapping and mirroring sources of revenue generated by the Government of New Zealand and imagining how this revenue can either be shared through various means (incremental opportunities) or how Indigenous authorities can resource themselves through alternative means (progressive opportunities). In doing so we take the possibilities of a Te Tiriti-compliant taxation system seriously.

Social determination of alcohol consumption among Indigenous peoples in Colombia: a qualitative meta-synthesis

BackgroundAlcohol consumption is a social phenomenon that involves society, groups, and individuals from different cultures around the world. Among some Indigenous groups located in Colombia, South America, alcohol consumption has been present in their lives, where contradictory processes occur and generate public health attention. We aimed to analyze qualitative research findings on alcohol consumption among Indigenous peoples in Colombia.MethodsThis article used the qualitative meta-synthesis methodology, which included: (a) comprehensive search strategy, (b) appraisal of qualitative research reports, (c) findings classification, and (d) synthesis. Databases were searched for papers published from 2004 to 2019 in SCOPUS, LILACS, PROQUEST, and JSTOR, among other sources of information. A total of 2,159 papers were reviewed and finally, 13 studies were included in this meta-synthesis. The synthesis of findings included a constant comparative analysis and also aimed for the articulation of its findings to alternative perspectives in a predefined matrix.ResultsNine Indigenous ethnic groups of Colombia were represented in the 13 articles analyzed. From the analysis emerged the symbolic approach “Alcohol: a chameleon that unpredictable society colors” as the meta-theme of this research. This reflects four social processes that influence interaction with alcohol: Dynamic Systems Mergers (Indigenous system, influence of non-Indigenous system); Diverse Authority Spheres (parenting, Indigenous authority, school, university, religious and spiritual, traditional medicine); Between Transculturation and Interculturality (cultural crises effects and dynamism); and the Paradoxes of the Normalization of Alcohol (reasons, functions, and types of alcohol consumption). Likewise, these results support the social determination of health and sociocultural epidemiology perspectives, as being an adequate way of explaining a complex phenomenon.ConclusionAlcohol consumption among Indigenous peoples in Colombia is a social construction. Alcohol acts as an instrument, which is present in the changing relationships and tensions of social processes. This is reflected in harmonies, or disharmonies, in the life of Indigenous Colombians, which take place in a historical, sociocultural, economic, and political context. The results provide a reference point to guide practice and research but also reiterate the need to include the social determination of health perspective in public policies, as a path to the understanding of alcohol consumption.

What is home?: Wisdom from nêhiyawêwin

Policies mandated by the Canadian government in its ongoing assimilation project have interrupted the transmission of knowledge and traditional family systems by separating Indigenous peoples from our homes, lands, and languages. This work is concerned with decolonizing western concepts of home and family in Canada through an Indigenous lens, validating Indigenous ways of knowing when it comes to home and housing, and therefore challenging the way Indigenous issues are addressed. We will be utilizing the lexicons of nêhiyawêwin (Y-dialect Cree) as a primary source to explore the embedded knowledge within the language. Nêhiyawêwin positions women as integral to strong community and family relations, as positioned by traditional matriarchal systems. Indigenous ideas of family are more expansive and broadly defined compared to western worldviews, supporting the circular transmission of oral culture over several generations. To truly understand Indigenous ideas of home, the reader must consider the fluidity of kinship and adoption, as well as what and where home is. This includes a relationship to the land and a spiritual sense of being. With this in mind, we call for Indigenous authority over policy and programming to address Indigenous social issues in Canada. This would allow for Indigenous paradigms to effectively inform policy and housing initiatives that serve Indigenous populations.

Digitized Indigenous Knowledge Collections Can Have Beneficial Impact on Cultural Identity and Social Ties

A Review of: Liew, C. L., Yeates, J., & Lilley, S. C. (2021). Digitized Indigenous knowledge collections: Impact on cultural knowledge transmission, social connections, and cultural identity. Journal of the Association for Information Science and Technology, 72(12), 1575–1592. https://doi.org/10.1002/asi.24536 Abstract Objective – To explore the impact and significance of digitized and digital Indigenous knowledge collections (D-IKC) on knowledge transmission, social connections, and cultural identity. Design – Phenomenological explorative study. Setting – New Zealand. Subjects – Eight D-IKC users, including three academics, four undergraduate students, and one postgraduate student. Six participants were women and two were men. All participants were of Māori descent. Methods – Eight semi-structured interviews ranging from 40 to 75 minutes were conducted in a face-to-face setting between June 2019 and August 2020. Participants were recruited through the researchers’ personal and professional networks using a purposeful sampling technique. Potential participants were provided with a copy of the interview guide during recruitment. Main Results – The article reports on seven areas of results: use of collections, accessibility and discoverability, collection features and functionality, sharing of knowledge resources, reuse and repurposing of resources, perceived benefits of cultural and social connections, and development and provision of D-IKC. Participants use D-IKC for academic work including coursework, teaching, and research as well as for personal interest and development, such as researching whakapapa (genealogy) and whenua (land) information, language revitalization projects, and creative works. All participants expressed preference for online access to the collections. Participants discussed barriers to access not only for themselves but also for other members of their community, including difficulty using the platforms on mobile devices, lack of awareness about the collections, inadequate digital access, and lack of digital competence for searching and navigation. Some participants noted inaccuracies in transcriptions that could lead to alteration of the meaning of words and deter engagement with D-IKC. All participants reported having shared knowledge resources they encountered in digitized collections. Primary reasons for sharing information included helping classmates get access to educational materials and sharing resources with whānau (extended family) for genealogical research and land claims. Common reasons for reusing or repurposing materials included language and dialect revitalization and creative work and performance. Participants said they were more likely to share materials related to their tribal affiliation. Participants also discussed information that would not be appropriate to share, such as information that is considered tapu (sacred), particularly if the material is outside of their tribal roots. Notably, all participants said they had come across resources and information in D-IKC that should not be openly accessible at all. Participants reported having gained linguistic and cultural knowledge as well as information about their cultural identity through their use of D-IKC. Sharing this knowledge with their communities has helped strengthen social connections. Some participants noted that their hapū (subtribe) planned to set up their own digital archives. Conclusion – Overall, D-IKC can have a beneficial impact on individual and collective social identity and social ties. Making these materials available online facilitates their wider access and use. However, memory institutions (MIs) need to take steps to ensure that cultural values and knowledge are embedded into the development and stewardship of the collections. MIs should employ more specialists from Indigenous communities with deep understanding of customary practices and principles, encourage other staff to develop their understanding of the language and customs of the Indigenous communities that their collections are rooted in, and develop partnerships with Indigenous authorities to help guide them on issues relating to sacred knowledge and genealogical materials. The authors also recommend that MIs develop outreach programs to raise awareness of the resources and to improve digital access and competencies.

Law's Indigenous Ethics by John Borrows (review)

Reviewed by: Law's Indigenous Ethics by John Borrows Keith Richotte Jr. (bio) Law's Indigenous Ethics by John Borrows University of Toronto Press, 2020 THERE IS MUCH (very understandable) rhetoric in Indigenous studies about decolonizing various institutions and structures. Yet guidance on how to go about decolonizing is far less abundant than the calls to do so. The very ambitiousness of such a project is matched only by its daunting nature. How does one go about the work of decolonization? Obviously many have sought to accomplish such ends in many contexts and have done so long before we had the language that we presently use in the academy. Nonetheless, chronicles of acts of resistance and calls for change far outnumber models for how to effectuate the type of change that would benefit the Indigenous world. Consequently, we are fortunate to have a scholar such as John Borrows to offer guidance as we continue to collectively try to figure it out. The prolific Borrows's new book, Law's Indigenous Ethics, should be read by anyone who is interested in how to think about the decolonization project in a practical, actionable way. Admittedly, to those only looking at the cover and a blurb it might seem to have a limited audience: it is a work about Canadian law and Aboriginal peoples, particularly the Anishinaabe. Yet this critical text can speak to a broad audience because it takes seriously the question of how we might strategize decolonizing efforts in the future. The legal cases and doctrine as well as the Canadian context are central to Borrows's argument, but they are not barriers to those whose work and region of study do not overlap. Borrows is an exceptionally skillful and gentle writer, and his wisdom will be obvious to anyone who is not intimidated by his framing devices. On the topic of framing devices, Borrows divides his text into seven chapters, each one thematically consistent with what the author describes as the "Seven Grandmother/Grandfather Teachings of the Anishinaabe" (14): Zaagi'idiwin (love), Debwewin (truth), Zoongide'ewin (bravery), Dabaadendizowin (humility), Nibwaakaawin (wisdom), Gwayakwaadiziwin (honesty), and Manaaji'idiwin (respect). By examining a legal question that is concerned with land through these lenses, Borrows demonstrates how and where it is possible to invert the colonially imposed structures of law and [End Page 146] legal reasoning to offer Indigenous legal reasoning that can lead to a more just, coherent, and integrated body of law for everyone involved. This is not to suggest that Borrows naively asserts that the Seven Grandmother/Grandfather Teachings will cure the Indigenous world or the colonial state of their own accord. Rather, he makes a more sophisticated and reasonable argument that the Seven Teachings offer another mode of legal reasoning to solve modern problems. Each chapter demonstrates how this can be accomplished. Nor is Borrows unaware that the Seven Teachings are criticized in some parts of the Indigenous world as modern inventions that are insufficiently connected to past practices or philosophical conceptions. As is his way, Borrows converts this alleged weakness into a strength. He forcefully demonstrates both that the decolonization effort must first begin at home and the possibilities that are available by asserting an active Indigenous legal philosophy. "Indigenous law can be a living and dynamic force if not tethered to what is regarded as being integral to aboriginal communities prior to European contact or sovereignty. The Seven Grandmother/Grandfather Teachings could broaden our legal imagination if they are regarded as current expressions of Indigenous authority in the modern world, regardless of whether their origin is old or new" (15). Law's Indigenous Ethics is an excellent book that has many uses. A terrific text for courses in Canadian law, comparative law, and comparative Indigenous problem solving, it perhaps most usefully offers a proactive vision for anyone interested in decolonization efforts throughout the Indigenous world. [End Page 147] Keith Richotte KEITH RICHOTTE JR., Turtle Mountain Band of Chippewa Indians, is associate justice of the Turtle Mountain Court of Appeals and associate professor of American studies, University of North Carolina, Chapel Hill. Copyright © 2022 Regents of the University of Minnesota

The elimination of trachoma as a public health problem in Mexico: From national health priority to national success story

IntroductionMexico was the first country in the Americas and the third in the world to eliminate trachoma as a public health problem, as validated by the WHO in 2017.ObjectiveTo describe the critical elements that favored the elimination of trachoma as a public health problem in Mexico and the public health impact of this success.MethodologyA revision and compilation of data and information contained in the dossier presented by the country to PAHO/WHO to obtain the validation of trachoma elimination as a public health problem was conducted by a group of delegates from the national and local trachoma prevention and control program. Data from the national and local surveillance systems and reports of actions conducted after achieving the elimination goal were also included. Critical elements that favored the achievement of the elimination goal from 1896 to 2019 were extracted.ResultsMexico reached the elimination of trachoma in 2016 obtaining the validation in 2017. 264 communities were no longer endemic and 151,744 people were no longer at risk of visual impairment or possible blindness due to trachoma. The key to the success of this elimination process was primarily the local leadership of health authorities with sustained funding for brigades, increased access to potable water and sanitation, and key alliances with indigenous authorities, health authorities, and government institutions that contributed to the achievement of the goal. The SAFE strategy started implementation in Mexico in 2004 as a comprehensive package of interventions. SAFE stands for surgery, antibiotics, facial cleanliness, and improvement of the environmental conditions. These actions impacted drastically on the number of new cases trachmatous trichiasis (TT) and trachomatous inflammation-follicular (TF), which decreased from 1,794 in 2004 to zero in 2016.ConclusionsThe elimination of trachoma as a public health problem in Mexico is a true success story that may serve as a model example for the elimination of other neglected infectious diseases in the Americas.

Caciques y funcionarios de indios en la misión de San Pablo de Río Bueno (1777-1820)

Beginning with From the analysis of the baptism and marriage records of Indians from the San Pablo of Río Bueno mission, the social relations contracted by Indian chiefs and officials are studied. The hegemony achieved by Indian officials in establishing social and political ties with the indigenous people of the Llanos de Río Bueno and the integration of several caciques from the jurisdiction of Valdivia and Osorno cities into the colonial order is highlighted. All this in a context of expansion and settlement of colonial power, where, although the construction of agreements with the indigenous authorities prevailed, it was war that consolidated in 1792 and 1793 almost half a century of Hispanic expansion on the Forntera de Arriba or “upper borderland” of the Kingdom of Chile.

Dispossession by municipalization: Property, pipelines, and divisions of power in settler colonial Canada

In Canada, Indigenous activists and scholars critique municipalization as a threefold process that subverts Indigenous authority to the state, then delegates forms of state authority to Indigenous peoples, and concludes by asserting that delegated authority satisfies the terms of Indigenous self-determination. This article centers municipalization in two steps that connect it to how Canada divides power regarding foreign and domestic affairs. The first examines the history of municipalization and its evolution alongside changes in Canadian federalism. The second examines dispossession by municipalization to show how state divisions of power facilitate extraction of value from land. It uses a case where the federal government considered creating new, privatized reserves of Indigenous land explicitly to facilitate oil pipelines. Together, these support an argument that municipalization is not only a powerful language of critique, but critical to understanding the on-going production of settler colonial space.

The crisis of policy failure or the moral crisis of an idea: colonial politics in contemporary Australia and New Zealand

ABSTRACT When analysing Indigenous public policy, crisis is best seen as the moral crisis of an enduring idea rather than the crisis of sporadic and unconnected instances of policy failure. In Australia and New Zealand, states use manufactured crises of Indigenous personal deficiencies to justify colonial authority. A justification which may be countered by positioning colonialism itself as the point of crisis. From this perspective, the crisis in Indigenous public policy is not resolved by the state becoming better at policy-making or more attentive to the egalitarian distribution of public resources. Instead, it is in the non-colonial possibilities of Indigenous self-determination that paths beyond crisis may lie. In practical terms, by ensuring spaces of independent Indigenous authority alongside spaces of distinctive culturally framed participation in the public life of the state. The potential for such arrangements in Australia is discussed with reference to a proposed First Nations’ Voice to Parliament and possible treaties between First Nations and the state. For New Zealand, their potential is discussed with reference to te Tiriti o Waitangi’s affirmation of independent Māori authority (rangatiratanga) and substantive state citizenship.

Tuberculosis screening indicators in indigenous population in Colombia: a mixed methods research.

This study aims to evaluate, via a mixed methods study, the implementation of the screening process for pulmonary tuberculosis (PTB) within indigenous population of the Department of Cauca, Colombia, during the 2016-2018 period. Indicators assessing the PTB screening process were elaborated and estimated. Subsequently, an evaluation of the indicators were performed based on a sampling process from health care providers of the municipalities with the highest and lowest PTB incidence and from key agents' perspective. Screening indicators were estimated and thematic analysis was performed based on the interviews conducted with key agents. Finally, a triangulation of quantitative and qualitative findings was performed. From the total population expected to have respiratory symptomatics (n = 16,711), the health care providers were able to identify 42.3% of them. Out of the individuals identified as respiratory symptomatics (n = 7,064), they were able to examine 93.2% (n = 6,585) with at least one acid-fast bacilli smear test. The reported positivity index from acid-fast bacilli smear test was 1.87%. The explanations from key agents revolved around the possibility of an overestimated targeted amount of respiratory symptomatics; insufficient personnel for the search of symptomatic individuals; high costs for the search in areas of difficult access; the need to request permissions from indigenous authorities; culturally ingrained stigma; use of traditional medicine and self-medication; and patient's personal beliefs. This study revealed barriers in the implementation of the screening process for PTB within the indigenous population from the Department of Cauca, mainly in the identifying process of the respiratory symptomatics.

Community participation in coastal and marine research and monitoring in Inuit Nunangat: a scoping literature review

In Canada, the participation of Indigenous communities in research and monitoring is growing in response to calls for partnerships and heightened interest in bridging Indigenous and Western science-based knowledge. Yet, as settler scholars, we have noted inconsistencies in the articulation and operationalization of community participation in peer-reviewed literature. We conducted a scoping review of community participation in coastal and marine research and monitoring across Inuit Nunangat. This resulted in 72 studies, most of which were undertaken in Nunavut. Fourteen terms were used to articulate community participation, the most common being: participate, collaborate, community-based, consult, or variations of these terms. Among the studies that used community participation terms, we found that authors only defined terms 10% of the time. Community participation was operationalized primarily through interviews, mapping, and field observations. We assessed studies across a spectrum of community participation levels and found that most studies (81%) reflected minimal levels of participation (i.e., consultative, contractual, and less than contractual). Our results highlight the need for clarity in language use, transparency in reporting research practices, and stronger efforts to support Indigenous leadership and decision-making authority, all of which must be defined on a community or project basis.

Indigenous Influence and Engagement in Mining Permitting in British Columbia, Canada: Lessons for Sweden and Norway?

Mine developments in Indigenous territories risk disrupting Indigenous cultures and their economies, including spiraling already high levels of conflict. This is the situation in Canada, Sweden, and Norway, as elsewhere, and is fostered by current state legal framework that reflect historical trajectories, although circumstances are gradually changing. Promising institutional changes have taken place in British Columbia (BC), Canada, with respect to new legislative reforms. Notably, new legislation from 2019 intends to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in the province, by promoting consent-based and collaborative decision-making mechanisms. New environmental assessment legislation is another example; this legislation includes early engagement, collaborative decision-making, and Indigenous-led assessments. The article’s aim is, first, to analyze how Indigenous communities can influence and engage in the mining permitting system of BC, and, secondly, to highlight the positive features of the BC system using a comparative lens to identify opportunities for Sweden and Norway regarding mining permitting and Indigenous rights. Applying a legal-scientific and comparative analysis, the article analyzes traditional legal sources. The article concludes that the strong points that the BC regime could offer the two Nordic countries are: the concept of reconciliation, incorporation of UNDRIP, the spectrum of consultation and engagement approaches, and the structure of environmental assessments. All three jurisdictions, however, struggle with balancing mine developments and securing Indigenous authority and influence over land uses in their traditional territories.

Colonial fault lines: First Nations autonomy and Indigenous lands in the time of COVID-19

The COVID-19 crisis has exposed the political and economic fault lines in the exercise of power across multiple jurisdictions. This article focuses on the power of First Nations to make enforceable decisions in respect to reserve lands, specifically the powers First Nations have to enforce public health restrictions during the pandemic. We argue that Canadian law both enables First Nations to assert decisionmaking in respect to their lands, and undermines Indigenous authority in relation to enforcement and intergovernmental status. This paper is part of the SPE Theme on the Political Economy of COVID-19.

Articulating FPIC through transnational sustainability standards: A comparative analysis of Forest Stewardship Council’s standard development processes in Canada, Russia and Sweden

An increasing number of sustainability standards integrate the principle of free, prior and informed consent (FPIC) as a requirement to ensure respect for the rights of Indigenous peoples. FPIC remains a contested norm, due in part to divergences of interpretation and gaps in implementation. Drawing on a typology based on FPIC conceptions, this paper presents a comparative analysis of the Forest Stewardship Council’s (FSC) standard development processes in three countries, Canada, Russia and Sweden. The paper investigates the dynamics of designing FPIC requirements and conceptions of FPIC reflected in national standards. Drawing on semi-structured interviews and analysis of written standards, this study finds similarities in terms of the key debates, such as the scope of Indigenous authority and applicability of FPIC to non-Indigenous communities, however underscored by different stakeholder dynamics and outcomes. Despite the structuring presence of International Generic Indicators, different conceptions of FPIC are reflected in national standards.