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Artículo

15 sep 2023

Autor:
Anthony Kung, Sarah Holcombe, Joel Hamago, Deanna Kemp, Journal of Energy and Natural Resource Law

Report raises important questions about Indigenous co-ownership in mining sector

“Indigenous co-ownership of mining projects: a preliminary framework for the critical examination of equity participation”, 23 December 2021

As mineral and metal extraction is projected to soar in the coming decades, Indigenous peoples’ exposure to extractive industries is likewise expected to intensify…

[There is an increasing] international acknowledgement of Indigenous rights to self-determine the use of resources on their lands, [alongside] the adoption of agreements to govern the relationship between Indigenous groups, states and mining projects…

For many Indigenous people, ‘equity’ also implies a moral dimension, including fairness and justice, and may be interpreted against a continuing history of settlement, injustice, colonial dispossession, trauma, and structural disadvantage…

Canada has seen accelerating uptake of Indigenous co-ownership in the last decade, particularly in the renewable energy and petroleum sectors... [For example], In partnering with Skeena, the Tahltan Nation is evolving and taking significant steps forward by becoming meaningful equity partners in these projects.... Ownership provides [us] with a strong seat at the table as we continue our pursuit towards capacity building and economic independence..

Indigenous equity participation is often seen as a way to exert influence and control over a project. But such influence is not automatically granted as a result of co-ownership, especially where the Indigenous stake is a minority….

The qualities of the Indigenous entity itself warrant scrutiny. Merely having an Indigenous co-owner does not guarantee that the broader Indigenous group supports or has consented to the project...

Indigenous co-owners are not just commercial investors, but are also part of the Indigenous group that has rights and responsibilities on the land on which the project is situated….