Negotiations in the Indigenous World

Negotiations in the Indigenous World
Author: Ciaran O'Faircheallaigh
Publisher: Routledge
Total Pages: 248
Release: 2015-09-16
Genre: Political Science
ISBN: 1317511530

Negotiated agreements play a critical role in setting the conditions under which resource development occurs on Indigenous land. Our understanding of what determines the outcomes of negotiations between Indigenous peoples and commercial interests is very limited. With over two decades experience with Indigenous organisations and communities, Ciaran O’Faircheallaigh's book offers the first systematic analysis of agreement outcomes and the factors that shape them, based on evaluative criteria developed especially for this study; on an analysis of 45 negotiations between Aboriginal peoples and mining companies across all of Australia’s major resource-producing regions; and on detailed case studies of four negotiations in Australia and Canada.

Negotiations in the Indigenous World

Negotiations in the Indigenous World
Author: Ciaran O'Faircheallaigh
Publisher: Routledge
Total Pages: 241
Release: 2015-09-16
Genre: Political Science
ISBN: 1317511549

Negotiated agreements play a critical role in setting the conditions under which resource development occurs on Indigenous land. Our understanding of what determines the outcomes of negotiations between Indigenous peoples and commercial interests is very limited. With over two decades experience with Indigenous organisations and communities, Ciaran O’Faircheallaigh's book offers the first systematic analysis of agreement outcomes and the factors that shape them, based on evaluative criteria developed especially for this study; on an analysis of 45 negotiations between Aboriginal peoples and mining companies across all of Australia’s major resource-producing regions; and on detailed case studies of four negotiations in Australia and Canada.

Negotiating Autonomy

Negotiating Autonomy
Author: Kelly Bauer
Publisher: University of Pittsburgh Press
Total Pages: 261
Release: 2021-03-30
Genre: Political Science
ISBN: 0822988119

The 1980s and ‘90s saw Latin American governments recognizing the property rights of Indigenous and Afro-descendent communities as part of a broader territorial policy shift. But the resulting reforms were not applied consistently, more often extending neoliberal governance than recognizing Indigenous Peoples’ rights. In Negotiating Autonomy, Kelly Bauer explores the inconsistencies by which the Chilean government transfers land in response to Mapuche territorial demands. Interviews with community and government leaders, statistical analysis of an original dataset of Mapuche mobilization and land transfers, and analysis of policy documents reveals that many assumptions about post-dictatorship Chilean politics as technocratic and depoliticized do not apply to indigenous policy. Rather, state officials often work to preserve the hegemony of political and economic elites in the region, effectively protecting existing market interests over efforts to extend the neoliberal project to the governance of Mapuche territorial demands. In addition to complicating understandings of Chilean governance, these hidden patterns of policy implementation reveal the numerous ways these governance strategies threaten the recognition of Indigenous rights and create limited space for communities to negotiate autonomy.

Negotiating Claims

Negotiating Claims
Author: Christa Scholtz
Publisher: Routledge
Total Pages: 270
Release: 2013-10-14
Genre: Political Science
ISBN: 1135507279

Why do governments choose to negotiate indigenous land claims rather than resolve claims through some other means? In this book Scholtz explores why a government would choose to implement a negotiation policy, where it commits itself to a long-run strategy of negotiation over a number of claims and over a significant course of time. Through an examination strongly grounded in archival research of post-World War Two government decision-making in four established democracies - Australia, Canada, New Zealand, and the United States - Scholtz argues that negotiation policies emerge when indigenous people mobilize politically prior to significant judicial determinations on land rights, and not after judicial change alone. Negotiating Claims links collective action and judicial change to explain the emergence of new policy institutions.

Growing Teeth

Growing Teeth
Author: Stefan Matiation
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

The interest that governments, indigenous groups and multinational corporations share in property and natural resources has often had devastating impacts on indigenous communities in North and South America. These communities have experienced dispossession dating back to the time the two continents were first colonized by Europeans. But in Canada domestic law respecting aboriginal rights places many aboriginal communities in a better position to ensure that a convergence of interest in property and natural resources works more in their favour than it has in the past. This law creates some incentives and establishes some structure for the negotiation of agreements that allow aboriginal groups to benefit from natural resource development projects on their traditional lands. Although negotiated arrangements are not a perfect approach to the resolution of conflicts arising from the use of traditional lands and resources, and are not even realistic or available options for all indigenous communities, they nevertheless bear review. It is informative to consider whether negotiated agreements can be used by indigenous groups living in the countries of Latin America. Indeed, various kinds of agreements are already sometimes negotiated between natural resource companies and governments in these countries that are supportive of local community interests. More often than not, however, indigenous concerns are not adequately addressed, or ignored altogether. A sound legal regime can place indigenous groups themselves in a position to engage in negotiations in their own right so that they can try to ensure that any agreements reached are fair and responsive to their interests. An important question to ask is: does the success of negotiations depend on the leverage that aboriginal groups have under Canadian law? Certainly, the capacity of indigenous groups in Latin America to "force" companies to negotiate with them about economic benefits will depend to a large extent on the applicable domestic law of the countries in which they live. A review of such law is well beyond the scope of this paper. However, emerging international legal principles respecting the rights of indigenous peoples may also be a useful source for arguments justifying the application of tools in Latin America that link natural resource development to economic benefits for affected indigenous peoples. Further, these emerging principles may assist governments in their efforts to understand and to fulfil legal obligations they may have towards indigenous peoples under their domestic legal systems. This paper begins with an outline of how and why negotiations are used in Canada to address issues respecting the utilization of the traditional lands and resources of aboriginal groups. Developments in the international law that is applicable in the regional Inter-American system respecting indigenous communal property are then examined to determine whether there is a rationale reinforced by international law for negotiated agreements. Negotiated agreements, when reinforced by legal principles defining and upholding the rights of indigenous peoples, can be a useful tool in efforts to resolve conflicts that arise in relation to natural resource extraction projects on traditional lands, and in efforts to promote sustainable development.