scholarly journals Towards Understanding Benefit Sharing between Extractive Industries and Indigenous/Local Communities in the Arctic

Resources ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 48 ◽  
Author(s):  
Maria S. Tysiachniouk ◽  
Andrey N. Petrov ◽  
Violetta Gassiy
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Local Communities ◽  
Extractive Industries ◽  
Benefit Sharing ◽  
The Arctic ◽  
Arctic Regions ◽  
Compensation Mechanisms ◽  
Corporate Social ◽  
Industrial Resource

The aim of this Special Issue is to provide a comprehensive view of the benefit sharing and compensation mechanisms for the Indigenous Peoples and local communities in the Arctic and sub-Arctic regions due to industrial resource extraction. The papers cover the following topics: (1) Benefit-sharing frameworks in the Arctic. (2) Corporate social responsibility standards and benefit sharing by extractive industries in the Arctic. (3) Benefit sharing and international and national legislation. (4) The practice of implementing legislation to support Indigenous and local interests. (5) The methodologies for assessing compensation to Indigenous communities from extractive industries.

scholarly journals Recognition of Customary Law and Institutions and Community Protocols of Indigenous People in Domestic ABS Legislation or Policies in Accordance with the Provisions of Nagoya Protocol

2018 ◽  
Vol 5 (2) ◽  
pp. 67-82
Author(s):  
Hasrat Arjjumend
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Sustainable Use ◽  
Indigenous Communities ◽  
Local Communities ◽  
Customary Law ◽  
Benefit Sharing ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Customary Laws

The Nagoya Protocol on Access and Benefit Sharing (ABS) provides for the rights of Indigenous people and local communities in accordance with United Nations Declaration of Rights of Indigenous People. The Parties are obliged to take legislative, administrative and technical measures to recognize, respect and support/ensure the customary laws & institutions and community protocols of Indigenous peoples and local communities (ILCs). Within the ambit of contemporary debates encompassing Indigenous peoples’ right to self-determination, this paper examines the effectiveness of international law (i.e. Nagoya Protocol) to influence existing or evolving domestic laws, policies or administrative measures of Parties on access and benefit sharing. Through opinion surveys of Indigenous organizations and national authorities of CBD’s Parties, the findings indicate that the space, recognition and respect created in existing or evolving domestic ABS measures for rights of Indigenous communities are too inadequate to effectively implement the statutory provisions related to customary laws & institutions and community protocols, as envisaged in Nagoya Protocol. As the bio-cultural rights of Indigenous people are key to conservation and sustainable use of biodiversity, the domestic ABS laws need reorientation to be sufficiently effective in translating the spirit of international ABS laws into domestic policies.

scholarly journals The Compensation for Losses to Indigenous Peoples Due to the Arctic Industrial Development in Benefit Sharing Paradigm

Resources ◽  
2019 ◽  
Vol 8 (2) ◽  
pp. 71 ◽  
Author(s):  
Violetta Gassiy ◽  
Ivan Potravny
Keyword(s):  
Indigenous Peoples ◽  
Industrial Development ◽  
Indigenous Communities ◽  
Benefit Sharing ◽  
The Arctic ◽  
Sustainable Community Development ◽  
The Social ◽  
Fair Compensation ◽  
The Republic ◽  
The One

This article discusses the results of research on the benefit sharing system in Russia focusing on compensation of losses to indigenous peoples due to industrial development in the Arctic. The authors analyzed a Russian case-study on the economic mechanisms of coordination and harmonization of multi-vector and conflicting interests in the process of industrial development of traditional lands. The developed recommendations will allow, on the one hand, compensating the losses of the indigenous communities, and, on the other hand, to engage indigenous peoples in the process of environmental management and socio-economic development of their territories. The object of the research was the Republic of Sakha and the indigenous communities of the remote Anabar region. The calculation of losses was considered. The authors suggest using this tool for the traditional lands development, because it helps to define fair compensation due to project impacts and to form a fund for sustainable community development. The considered project was exploring and extracting placer diamonds in Polovinnaya River in Yakutia. This paper also presents the social poll results organized in the indigenous communities in 2017. The results helped to formulate the recommendations for the business on benefit sharing agreements with Anabar communities.

scholarly journals Indigenous Peoples, Urbanization Processes, and Interactions with Extraction Firms in Russia's Arctic

Sibirica ◽  
2019 ◽  
Vol 18 (3) ◽  
pp. 1-8
Author(s):  
Marlene Laruelle
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Communities ◽  
The Arctic ◽  
The Past ◽  
Arctic Regions ◽  
Arctic Russia

Russia is unique on the circumpolar landscape in that indigenous communities constitute only a small percentage of its Arctic population. Whereas they represent 80 percent of Greenland’s population, 50 percent of Canada’s, 20 percent of Alaska’s, and 15 percent of Norway’s Arctic regions, they make up less than 5 percent of the population of Arctic Russia. Although indigenous peoples have a more solid demography than Russians and have therefore seen their share of the Arctic population slowly increase over the past two decades, their rights remain fragile. Moscow does not consider the Arctic to have a specific status due to the presence of indigenous peoples, and its reading of the region is still very much shaped by the imperial past, the memory of an easy conquest (osvoenie) of territories deemed “unpopulated,” and the exploitation of the region’s subsoil resources.

scholarly journals Between Soviet Legacy and Corporate Social Responsibility: Emerging Benefit Sharing Frameworks in the Irkutsk Oil Region, Russia

2018 ◽  
Vol 10 (9) ◽  
pp. 3334 ◽  
Author(s):  
Maria Tysiachniouk ◽  
Andrey Petrov ◽  
Vera Kuklina ◽  
Natalia Krasnoshtanova
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Central Element ◽  
Local Communities ◽  
Benefit Sharing ◽  
The Arctic ◽  
Structured Interviews ◽  
Oil Companies ◽  
Soviet Legacy ◽  
Corporate Social

Benefit sharing arrangements are a central element of the interactions between oil companies and local communities in resource regions of the Arctic and sub-Arctic. This paper focused on developing a systematic understanding and typology of benefit sharing arrangements within the oil sector in the Russian Arctic and sub-Arctic, using the Irkutsk Oil Region as a case study. It provided a critical analysis of prevalent arrangements and practices (modes and mechanisms of benefit sharing), as well as examined institutional and social underpinnings of these benefit sharing frameworks. Qualitative methodology with semi-structured interviews were used. The paper demonstrated that sub-Arctic communities are not equally benefiting from oil and gas extraction. Despite a considerable variety of existing arrangements revealed by this study, no benefit sharing mode or mechanism prevalent today ensures sustainable development of local communities. This may stem from the incompatibility between post-Soviet legacies, corporate social responsibility principles, and local institutional frameworks. Although focused on a particular region, this research was indicative of general benefit sharing patterns in modern Russia and beyond.

INTEGRATED METHODOLOGY FOR TAKING INTO ACCOUNT THE VIEWS AND OPINONSOF INDIGENOUS PEOPLES IN THEIR INTERACTION WITH PUBLIC AUTHORITIES (ON THE EXAMPLE OF THE YAMAL-NENETS AUTONOMOUS DISTRICT)

2020 ◽  
Vol 6 (2) ◽  
pp. 124-147
Author(s):  
Elena F. GLADUN ◽  
Gennady F. DETTER ◽  
Olga V. ZAKHAROVA ◽  
Sergei M. ZUEV ◽  
Lyubov G. VOZELOVA
Keyword(s):  
Indigenous Peoples ◽  
Citizen Participation ◽  
Indigenous Communities ◽  
The Arctic ◽  
Legal Issue ◽  
Public Authorities ◽  
Autonomous District ◽  
Integrated Methodology ◽  
The World ◽  
Nenets Autonomous

Developing democracy institutions and citizen participation in state affairs, the world community focuses on postcolonial studies, which allow us to identify new perspectives, set new priorities in various areas, in law and public administration among others. In Arctic countries, postcolonial discourse has an impact on the methodology of research related to indigenous issues, and this makes possible to understand specific picture of the world and ideas about what is happening in the world. Moreover, the traditions of Russian state and governance are specific and interaction between indigenous peoples and public authorities should be studied with a special research methodology which would reflect the peculiarities of domestic public law and aimed at solving legal issue and enrich public policy. The objective of the paper is to present a new integrated methodology that includes a system of philosophical, anthropological, socio-psychological methods, as well as methods of comparative analysis and scenario development methods to involve peripheral communities into decision-making process of planning the socio-economic development in one of Russia’s Arctic regions — the Yamal-Nenets Autonomous District and to justify and further legislatively consolidate the optimal forms of interaction between public authorities and indigenous communities of the North. In 2020, the Arctic Research Center conducted a sociological survey in the Shuryshkararea of the Yamal-Nenets Autonomous District, which seems to limit existing approaches to identifying public opinion about prospects for developing villages and organizing life of their residents. Our proposed methodology for taking into account the views of indigenous peoples can help to overcome the identified limitations.

Protecting Traditional Knowledge Associated with Genetic Resources by Corporate Social Responsibility

2015 ◽  
pp. 131-150
Author(s):  
Noriko Yajima
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Genetic Resources ◽  
Traditional Knowledge ◽  
International Organizations ◽  
Local Communities ◽  
Benefit Sharing ◽  
Private And Public ◽  
Corporate Social ◽  
National Governments

The problems to establish equitable benefit sharing of Traditional Knowledge (TK) associated with Genetic Resources (GRs) have been one of the main discussions in international negotiations. This chapter analyses how Corporate Social Responsibility (CSR) could contribute to international organizations, national governments, and the private sector protecting TK associated with GRs in indigenous and local communities. This research uses the concept of the United Nations Triple Bottom Line Approach, which promotes balance among economic, environmental, and social imperatives towards sustainable development. This chapter illustrates the responsibility of international organizations by providing legally binding instruments. It also compares different national governments' responses to protect TK associated with GRs. Then, the chapter proposes that Public Private Partnerships (PPPs) could be the key to improving contradictions between legal and voluntary instruments in local communities and national and international governments. The analysis suggests that CSR is coherent with PPPs and might generate environmental, economic, and socio-economic challenges in the private and public sectors.

scholarly journals Land Resources Evaluation for Damage Compensation to Indigenous Peoples in the Arctic (Case-Study of Anabar Region in Yakutia)

Resources ◽  
2019 ◽  
Vol 8 (3) ◽  
pp. 143 ◽  
Author(s):  
Sergey I. Nosov ◽  
Boris E. Bondarev ◽  
Andrey A. Gladkov ◽  
Violetta Gassiy
Keyword(s):  
Indigenous Peoples ◽  
Industrial Development ◽  
Benefit Sharing ◽  
The Arctic ◽  
Land Resources ◽  
Economic Activities ◽  
Damage Compensation ◽  
Industrial Projects ◽  
Resources Evaluation

The compensation for losses caused to the indigenous peoples in Arctic Russia due to the industrial development of their traditional lands is an urgent question whose resolution requires development of new mechanisms and tools. The losses caused to indigenous traditional lands are part of the damage caused to the natural environment, their culture and livelihood. In the Russian Federation cultural impact assessment is a rather new tool aiming to protect indigenous peoples’ rights to lands. In this paper the authors show the applied side of the cultural assessment that is used to improve the methodology of the calculation of losses adopted by ministry of regional development in Russia in 2009. This methodology is based on the resource disposition and evaluation of traditional lands. Accordingly, compensation payments are calculated as the sum of the losses in traditional economic activities such as: reindeer herding, hunting, fishing and gathering. Such compensation is considered by authors as the elements of a benefit-sharing system. In practice, this methodology has been tested at industrial projects on alluvial diamonds in Yakutia. In this paper we look at the Polovinnya project case-study which deals with indigenous peoples of Dolgans and Evenks and argues that such a justified, understandable methodology both for indigenous peoples and subsoil user could reduce to a minimum the conflict of interests.

scholarly journals International and Domestic Law Dimensions of Climate Justice for Arctic Indigenous Peoples

2014 ◽  
Vol 43 ◽  
pp. 113-150 ◽  
Author(s):  
Elizabeth Ann Kronk Warner ◽  
Randall S. Abate
Keyword(s):  
Climate Change ◽  
Environmental Justice ◽  
Case Studies ◽  
Indigenous Peoples ◽  
Arctic Region ◽  
Indigenous Communities ◽  
The Arctic ◽  
Indian Country ◽  
Indigenous Nations ◽  
Impacts Of Climate Change

The Arctic region is in crisis from the effects of climate change. The impacts of climate change pose a particular threat to Arctic indigenous communities. Because of the disproportionate impacts of climate change, these indigenous communities are environmental justice communities. Part I of this article discusses how indigenous nations are environmental justice communities and discusses the unique factors that may apply to environmental justice claims arising in Indian country. The article then presents two case studies to explore how, if at all, these concepts have been previously applied to environmental justice claims brought by various Arctic indigenous communities. Part II addresses the Inuit Circumpolar Conference’s petition to the Inter-American Commission on Human Rights. Part III considers the Native Village of Kivalina’s lawsuit against numerous private emitters of greenhouse gases. These case studies underscore the failure of international and domestic forums’ consideration of the special situation of Arctic indigenous peoples as environmental justice communities.

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