SECTION 5

Summary of the Guidelines

The following summary of the Guidelines is intended to provide a synopsis of the most important points raised in the document. Each guideline is designed to assist in establishing a process that will work to everyone's benefit. Because the needs and perspectives of the three different major participants are both similar and different, the Guidelines have been established in three categories. Within these categories, a certain degree of parallelism is maintained between the indigenous and corporate guidelines. The guidelines for government are essentially at a higher order of activity. In using any of these guidelines it is important to consult the full text. By the end of the workshop test, there will be a large body of reference material assembled to further enhance the usefulness of the information.
INDIGENOUS GUIDELINES
#1 Form a Representative Group
  • Choose team members according to skills
  • Become a Legal Entity
  • Teach the corporation how to interact with your community.

#2 Predict All the Impacts of the Project

  • Good predictions mean good decisions
  • Including women and women's knowledge improves predictions
  • Be skeptical of predictions of great wealth
  • Leave broad margins of error in predictive modelling

#3 Don't Be Left Out

  • Be alert for new projects
  • Pre-empted decisions? - hang in there!
  • To be effective participate fully
  • Establish financing for your participation
  • Train to be involved in the assessment
  • Participation by women will improve the assessment
  • Use communication techniques to meet your needs
  • Working with the media: be message driven, not question-driven

#4 Know the Rules

  • Government sets the rules, the corporation defines the process
  • Establish your own spokespersons
  • Enhance your power base: include others
  • Ask lots of questions
  • Translation is important
  • Women help interpret the rules
  • Negotiate the timeline
  • Preserve your customary aboriginal rights

#5 Use Your Traditional Knowledge,Don't Give It Away

  • Transmit traditional knowledge on your own terms
  • Distinguish between ancient and modern traditional knowledge
  • Participatory use of traditional knowledge can be better than selling it
  • Traditional knowledge of women is often invisible
  • Become a legal entity
  • Shape your traditional knowledge access agreements carefully

#6 Insist on Your Rights, Know Your Bottom-Line

  • Know your rights
  • Safeguard your rights
  • Settle the question of land ownership before you agree to the project
  • State your limits to the project
  • Do a cost-benefit analysis
  • Third-party arbitration can help

#7 Find Out What the Corporation Knows and How It Operates

  • Classify land use from your perspective first
  • Challenge scientific findings
  • Create a report card on the corporation's past

#8 Know What You Need

  • Get a technical summary
  • Prepare a community list of questions
  • Hire someone you trust to interpret science-based knowledge
  • Protect your community from societal impacts of alcohol, drugs, diseases, migration to cities

#9 Find Out What They Want From You

  • Begin a full dialogue

#10 Don't Be Outmanoeuvred

  • Resist unreasonable demands
  • Too little time can lead to poor decisions
  • Insist on meaningful consultation
  • Do not allow anyone to undermine the credibility of traditional knowledge
  • Do not accept a disregard for community standards
  • Insist on open door negotiations including indigenous people

#11 Inform and Involve Neighbouring Communities

  • Define direct effects
  • Define indirect effects
  • If you are the neighbour, become informed

#12 Communicate Directly with Government Agencies

  • Do not rely on second-hand information - go to the sources
  • Use international and national protocols

CORPORATE GUIDELINES
#1 Local Customs and Etiquette Are Important

  • Carry out socioeconomic research on the community before contact
  • Consider training for staff who will interact with indigenous people
  • Tread carefully emdash protocol is important throughout the project

#2 Predict All the Impacts on the Community

  • Define key issues and concerns to save time and money
  • If impacts will be serious, international attention may result
  • Combining science and traditional knowledge markedly improves predictions

#3 Don't Leave Indigenous People Out!

  • Include indigenous people right from the beginning to avoid disputes
  • Help the community to become involved - it improves relationships
  • Financing community participation prevents charges of excluding the community
  • Include the community in managing and monitoring the on-going project

#4 It's to Your Advantage to Play Straight

  • You need to help the local community to understand the corporation's needs
  • Culture clash can be harmful to both parties - be careful
  • Working with local people is beneficial to both parties

#5 Communicate So That Indigenous People Understand

  • An empathetic attitude is important to success
  • Work in groups
  • Get the information across in an easy to grasp manner
  • Evaluate the success of your communication
  • Give people the needed time
  • You may be a health risk to indigenous people -be careful

#6 Intellectual, Cultural, and Traditional Resource Rights

  • Determine the rights of the indigenous community for your own benefit
  • Settle land ownership disputes before initiating the project
  • Customary aboriginal rights need to be settled early

#7 Work with Traditional Knowledge

  • Site-specific traditional knowledge is of great value to a project
  • Partner indigenous people, the value added is immense
  • Traditional knowledge and the work of indigenous people is not free

#8 Negotiate Based on Equity, Empowerment, and Respect

  • Be respectful
  • Be sure to include everyone in the negotiations
  • Empower the community through meaningful consultations
  • Help the community to define its expectations so you understand them

#9 The Local Community Will Need Complete Information

  • Provide a complete report with technical details in plain language
  • Provide a cost-benefit analysis
  • Reach agreement on the limits of the project

#10 Legally Correct Actions May Be Dangerous to Both Parties

  • Do not try to outmanoeuvre the community
  • Make sure everyone has time to think
  • Attempting to undermine the credibility of traditional knowledge is not useful
  • Maintain cultural respect for the community

#11 Make Sure Neighbouring Communities Are Informed and Involved

  • Joint assessments of impact are important

#12 Call for Arbitration to Get Past Non-Productive Situations

  • If relationships erode, try a simple self-examination
  • Agree on an acceptable arbitrator

GOVERNMENT GUIDELINES
#1 Establish Sustainability Policies for Natural Resources and Indigenous People

  • Set policies to rationalize exploitation of non-renewable resources
  • Set policies on the basis of sustainability for renewable resources
  • Set policies on the basis of sustainability of quality of life for indigenous people

#2 Develop Sustainability Strategies by Involving All Stakeholders

  • Good strategies are based on the needs of all people
  • Multi-stakeholder negotiations work in many countries

#3 Separate Government Agencies That Exploit from Those That Regulate

  • Regulatory agencies should not have an inherent conflict of interest
  • Manage access to isolated indigenous people to maintain their social, cultural, and physical health
  • Research the socioeconomic background of the community before making contact

#4 Enforce the Traditional Resource Rights of Indigenous People

  • Be aware of relevant international statues and conventions

#5 Fund Capacity-Building Amongst Your Nation's Indigenous People


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