Participatory models to ensure the full protection of indigenous peoples’ fundamental rights in the arctic (original) (raw)

The recognition of indigenous peoples’ rights in the context of area protection and management in the Arctic

2010

The protected area system of Finland 5.4.1.2 Implementation of the CBD Programme of work on protected areas 5.4.2 Norway 5.4.2.1 The protected area system of Norway 5.4.2.2 Implementation of the CBD Programme of work on protected areas 5.4.3 Russian Federation 5.4.3.1 The protected area system of the Russian Federation 5.4.3.2 Implementation of the CBD Programme of work on protected areas 5.4.4 Sweden 5.4.4.1 The protected area system of Sweden 5.4.4.2 Implementation of the CBD Programme of work on protected areas Chapter 6 Conclusion 6.1 Analysis of the implementation of indigenous peoples' rights 6.1.1 Human Rights context 6.1.2 Environmental Protection context 6. 2 Correlations between the implementation of indigenous peoples' rights in the one context and the other 6.3

Participatory engagement and the empowerment of the Arctic Indigenous Peoples

Environmental Law Review, 2017

The paper aims at analysing the participatory mechanisms in the environmental decision-making with a particular focus on the participatory rights of indigenous peoples (IP) in the Arctic Council (AC). The first part offers a bird-eye's view of the IP self-determination requirement as the means and the end of their full participation to environmental decisions: self-determination is both the grounding factor for IP participation and the driving force to the empowerment, self-sufficiency and autonomy of the participants themselves. The second part briefly sketches the role of the Arctic Council as the active arena for the development of international initiatives primarily focusing on the protection of the Arctic environment, as well as looking at it as the platform where non-state actors (IP in particular) play a major role as Permanent Participants. The third and final part is focused on the participatory tools enabling a pluralistic engagement of IP in general and of the IP within the Arctic Council in particular. As a conclusion, the example of IP in the Arctic Council will be used as pilot study to further research on potential ways forward to broaden the environmental participatory tools.

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

Resources, 2019

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 ethnographi...

Indigenous Rights, Sovereignty and Resource Governance in the Arctic

Strategic Analysis, 2013

While oil and gas industries are already well established in Siberia and Alaska, the melting of the Arctic ice cap is opening up new areas of the High North to hydrocarbon exploration. According to the US Geological Survey (USGS), the Arctic is expected to hold about 22 per cent of the world's undiscovered, technically recoverable conventional oil and natural gas resources (about 13 per cent of undiscovered oil reserves, 30 per cent of natural gas, and 20 per cent of natural gas liquids). 1 Greenland waters are believed to be particularly rich in oil, and may contain reserves of up to 50 billion barrels, equivalent of Libyan oil reserves. 2 Of the Arctic Council's five member states bordering the Arctic Ocean, Russia and Norway have already submitted continental shelf claims to the Commission on the Limits of the Continental Shelf. Another two member states, Canada and Denmark (on behalf of Greenland) are in the process of submitting their claims. Sovereign rights to offshore hydrocarbon reserves are key issues at stake in these claims. While some analysts see the scenario as a 'scramble' for Arctic hydrocarbons, others highlight the huge technological difficulties of oil and gas extraction in the Arctic, and suggest that territorial disputes are relatively insignificant. 3 Nevertheless, the Arctic region's substantial mineral and hydrocarbon wealth makes issues of sovereignty and governance all the more important to stakeholders, including indigenous peoples as well as states. The Arctic Council is an important forum for discussing circumpolar affairs such as resource management and environmental protection. In addition to the eight Arctic states

Securing the Rights: A Human Security Perspective in the Context of Arctic Indigenous Peoples

In today's world the state-centric approach of security has been extended to include a human-centric approach. Since individuals are the ultimate victims of any security threats, a state is not secure if insecure inhabitants reside within it. The insecurity of individuals arises from various sources of threats, such as from "fear" as well as from "want". While often the concept is confused with that of human rights, the concept of human security embraces policy choices in order for the better implementation of human rights. In a sense therefore, it complements both the concepts of traditional security and human rights. This article addresses the concept in the context of the Arctic and its people, particularly in the context of its indigenous peoples. Obviously, because of differing meanings of the concept, the human security threats of the Arctic cannot be seen as similar to those of the other regions of the global south. This article nevertheless explores various human security concerns faced by the Arctic indigenous communities. In addressing the concept of human security in the context of the Arctic, the article affirms the normative development occurred relatively recently in the human rights regime -which today includes a set of group rights called third generation human rights. These broadly include among others; the right to environment and the right to development. The presence of these categories of rights are therefore argued to ensure human security for which in the Arctic perspective a right to self-determination plays a pivotal role, particularly for its indigenous communities.

Improving the relationships between Indigenous rights holders and researchers in the Arctic: an invitation for change in funding and collaboration

Environmental Research Letters

Truly transdisciplinary approaches are needed to tackle the complex problems that the Arctic is facing at the moment. Collaboration between Indigenous rights holders and researchers through co-creative research approaches can result in high-quality research outcomes, but crucially also address colonial legacies and power imbalances, enhance mutual trust, and respect the rights of Indigenous Peoples. However, to be successful, collaborative research projects have specific requirements regarding research designs, timeframes, and dissemination of results, which often do not fit into the frameworks of academic calendars and funding guidelines. Funding agencies in particular play an important role in enabling (or disabling) meaningful collaboration between Indigenous rights holders and researchers. There is an urgent need to re-think existing funding-structures. This article will propose a new paradigm for the financing of Arctic research, which centres around the inclusion of Indigenous...