Understanding the Contemporary Consequences of Colonization: Free, Prior, and Informed Consent in Resource Extraction

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2023-05-29
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Abstract
Canada's settler colonial history impacts how free, prior, and informed consent (FPIC) is implemented during consultations with First Nations communities today. This paper intends to understand how Canada's four key decisions about the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) have impacted consultation practices and how FPIC could be achieved in First Nations communities. Through a content analysis of 47 federal communication documents released one month before and after each of Canada's four decisions about UNDRIP, this paper identifies a shift in language towards recognizing the significance of the principle of FPIC in consultation processes related to resource extraction. The federal government increasingly acknowledges the importance of FPIC as a fundamental right of Indigenous Peoples in accordance with UNDRIP and the requirement to integrate UNDRIP into national policies and practices. However, challenges remain in translating these discursive changes into concrete actions and tangible benefits for Indigenous communities, emphasizing the need for continued scrutiny and monitoring of government policies and practices to ensure genuine reconciliation and the empowerment of First Nations communities. The paper ends with two policy recommendations: to create a clear definition of FPIC, and to allow the integration of non-Western-centric knowledge systems during consultation processes.
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Nair, A. (2023). Understanding the Contemporary Consequences of Colonization: Free, Prior, and Informed Consent in Resource Extraction (Unpublished master's project). University of Calgary, Calgary, AB.