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

Resources ◽  
2019 ◽  
Vol 8 (2) ◽  
pp. 74 ◽  
Author(s):  
Emma Wilson

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.

2022 ◽  
pp. 136346152110629
Author(s):  
Eduardo Ekman Schenberg ◽  
Konstantin Gerber

After decades of biomedical research on ayahuasca's molecular compounds and their physiological effects, recent clinical trials show evidence of therapeutic potential for depression. However, indigenous peoples have been using ayahuasca therapeutically for a very long time, and thus we question the epistemic authority attributed to scientific studies, proposing that epistemic injustices were committed with practical, cultural, social, and legal consequences. We question epistemic authority based on the double-blind design, the molecularization discourse, and contextual issues about safety. We propose a new approach to foster epistemically fair research, outlining how to enforce indigenous rights, considering the Brazilian, Peruvian, and Colombian cases. Indigenous peoples have the right to maintain, control, protect, and develop their biocultural heritage, traditional knowledge, and cultural expressions, including traditional medicine practices. New regulations about ayahuasca must respect the free, prior, and informed consent of indigenous peoples according to the International Labor Organization Indigenous and Tribal Peoples Convention no. 169. The declaration of the ayahuasca complex as a national cultural heritage may prevent patenting from third parties, fostering the development of traditional medicine. When involving isolated compounds derived from traditional knowledge, benefit-sharing agreements are mandatory according to the United Nations’ Convention on Biological Diversity. Considering the extremely high demand to treat millions of depressed patients, the medicalization of ayahuasca without adequate regulation respectful of indigenous rights can be detrimental to indigenous peoples and their management of local environments, potentially harming the sustainability of the plants and of the Amazon itself, which is approaching its dieback tipping point.


2021 ◽  
Author(s):  
David Sung Choe ◽  
J. Lynne Whitworth ◽  
Ashutosh Kak ◽  
Genevieve Bisset

Abstract The greenhouse-gas (GHG) emissions target set by UNFCCC Paris Accord in 2016 will emerge as a new value driver to project development planning that has the potential to degrade the viability of future offshore oil and gas projects. Integration of GHG emissions and legislated carbon price as new decision drivers to project decision-making will require an in-depth understanding on the overall economic impact of carbon-conscious choices. In this light, the purpose of this paper is to present the impact of such choices on project development planning and implications for Decision Quality (DQ). The case study presents a comparative assessment of total GHG emissions and comparative project economics for a Greenfield project, considering four development concepts: a Reference Case with a "traditional" offshore facility and three hypothetical cases, each of which are defined, evaluated, and compared against the Reference Case. Development of each case is discussed and created to support decision-making during project development planning. The paper presents an economic comparison to demonstrate the importance of including a carbon assessment early in project development planning to assure a thorough concept evaluation. It also demonstrates how a clear outlook on the annual GHG intensity over project life can be vital, for project sanction and mitigation of high carbon cost penalties in the future regulatory landscape. Early understanding of risks associated with carbon price and regulatory enforcement can potentially change how industries analyze the viability of their projects/assets. The paper demonstrates the importance of assessing carbon-conscious options early in the project development planning stage, and how this helps developers to navigate the risks and opportunities in the drive to a lower-carbon society.


2017 ◽  
Author(s):  
Peter Bille Larsen

This article explores the relationship between indigenous rights, international standards, and development in Latin America with a specific focus on ILO Convention 169 on the rights of indigenous and tribal peoples and its application in the region. Whereas, on the one hand, democratic change, constitutional reforms and the recognition of indigenous peoples signal the emergence of a new rights era, on the other hand, deep-running inequalities, persistent poverty and development conflicts reveal structural tensions and the ambiguities of recognition. While such ambiguity is often explained as a consequence of poor implementation and compromised rights standards, this article analyses trends in both orthodox and heterodox polities as well as in the international arena in order to draw further attention to how rights regimes are being renegotiated. Rights under this ‘new jungle law’ are no longer characterised by neglect and poor implementation, but through reappropriation, strategic attention and regulatory negotiations, revealing a sliding scale of potentialities between empowerment and normalisation.


2021 ◽  
Author(s):  
◽  
Julia Kahu Harper-Hinton

<p>The restoration of indigenous rights to and interests in their traditional natural resources needs to be accompanied by practical ways in which indigenous values in relation to a resource can be met. Co-management or co-governance has emerged as an option for indigenous people in settling historical land and resource claims. Co-management offers a way in which governments and non-government entities such as and community or indigenous peoples can share decision-making over natural resources. However there are many different types and levels of co-management with, varying levels of participation and decision-making authority. Some are more effective than others at recognising indigenous values, authority and relationships. This dissertation discusses the New Zealand example of the co-management of the Te Arawa Lakes and provides an initial assessment of its cultural and environmental goals.</p>


Author(s):  
Anaya S James ◽  
Rodríguez-Piñero Luis

This chapter traces the development of international standards on indigenous rights, providing a historical context of normative development in which one should view the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). While rooted in centuries-long dynamics of colonial dispossession and normative debates in Western legal thought, the development of the international indigenous rights regime is an historically recent process catalysed by the emergence of indigenous peoples as political actors in the international area, and the successful re-articulation of their historical demands and strategies to fit while creatively transforming the logics and mechanisms of the late-20th century human rights machinery. The achievements of this process, as well as the tensions inherent to it, are present in a new generation of international standards, now authoritatively captured in the UNDRIP.


Author(s):  
Rumiko Sasaki ◽  
Tsuyoshi Seike ◽  
Yongsun Kim

This paper is an exploratory study adopting a descriptive approach to clarify the background of technology adoption, role of multiple stakeholders, and decision-making processes in Bangladesh from the perspective of the possible technology dissemination. In addition, this study identifies the factors influencing decision-making on the basis of semi-structured interview in terms of frontend projects. In the retrofit process, assessments, standards, design policies, construction methods, and materials are mainly determined at the planning stage. International standards are a promoting factor in obtaining owner approval in technology selection, whereas cost and material procurement are the suppressing factors. The stakeholders in providing and diffusing new technology are technical consultants and structural designers, who are involved in the initial phase of the process. For technology diffusion within Bangladesh, these stakeholders must be acknowledged and worker education must be considered.


Author(s):  
Bruce D. Vincent ◽  
Indra L. Maharaj

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.


2021 ◽  
Author(s):  
◽  
Julia Kahu Harper-Hinton

<p>The restoration of indigenous rights to and interests in their traditional natural resources needs to be accompanied by practical ways in which indigenous values in relation to a resource can be met. Co-management or co-governance has emerged as an option for indigenous people in settling historical land and resource claims. Co-management offers a way in which governments and non-government entities such as and community or indigenous peoples can share decision-making over natural resources. However there are many different types and levels of co-management with, varying levels of participation and decision-making authority. Some are more effective than others at recognising indigenous values, authority and relationships. This dissertation discusses the New Zealand example of the co-management of the Te Arawa Lakes and provides an initial assessment of its cultural and environmental goals.</p>


Author(s):  
Vasyl Papp ◽  
Nelya Boshota

The main task that determines the effective functioning of the country is the formation of a strategy for its socio-economic development based on a long-term innovation strategy. An innovative development strategy of the country is defined as a fundamental, basic element of the overall strategy of socio-economic development. The purpose of the article is to develop the conceptual foundations for shaping the country's socio-economic development strategy in modern conditions, adjusting the priority directions of the strategy and the peculiarities in using the means of achieving the goals, taking into account European experience. The article examines the European practice of developing and implementing the strategy of socio-economic development of the country as the most important instrument of the state's influence on social and economic development. Recommendations on the use of advanced strategic planning tools are developed. It is proved that without the scientific and methodological support of the plan of socio-economic development of the country it is impossible to count on the successful solution of important tasks and the democratization of public relations. The concept of strategy formation is designed to take into account the interests of economic entities and territory and to cover not only the traditionally used sectoral aspect of development, but also the territorial, which includes the creation and development of clusters and special economic zones. European experience shows that transition of a country to an innovative socially oriented type of development requires an increase in the efficiency of the state strategic planning process, the achievement of which is possible only with the co-ordinated activity of state authorities, business structures, science and society. It should be emphasized that in the prevailing conditions there is a need to form a single integrated system of social and economic development planning that optimally combines both the use of strategic planning and the program-target method for solving urgent problems.


2014 ◽  
Vol 55 ◽  
pp. 120-131 ◽  
Author(s):  
Romy Greiner ◽  
Javier Puig ◽  
Cindy Huchery ◽  
Neil Collier ◽  
Stephen T. Garnett

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