Aboriginals: First Nations Human Development Oil & Gas Extraction

This paper analyzes the relationship between the exploitation of natural resources and the effect it has on the traditional territories of First Nations during oil and gas extraction. It critically analyzes all the factors that affect First Nations during oil and gas extraction, challenges and cultural considerations, and solutions.

Aboriginals: First Nations Human Development Oil &Gas Extraction.
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Table of Contents
1.0 Introduction.........................................................................................................................................2
2.0 Effects of Exploration..........................................................................................................................3
3.0 Challenges and Cultural Considerations...........................................................................................3
4.0 Solutions...............................................................................................................................................4
5.0 Conclusion............................................................................................................................................6
1.0 Introduction
There is a global demand for oil and gas products with the ever increasing population and the
advent of globalization. The International Energy Agency in their report in 2012 stated that
Canada would be a top exporter when it comes to unconventional natural gas. Most of this gas is
contained in First Nation Communities. These communities are traditional communities that
believe in the preservation of land as one of its major doctrines. The gist of this paper will be the
relationship between the exploitation of natural resources and the effect it has on the traditional
territories.
Indigenous communities across Canada have found themselves in a position whereby they are
sitting on oil and gas. Estimates have been made that more than six hundred projects which will
cost about six hundred billion dollars will affect first nation communities.1 Historically
indigenous people have been exploited and have had little control when it comes to dealing with
natural resources. However, they have learned from their mistakes and are keen to ensure that
they do not repeat the mistakes that were made by their predecessors. The new age indigenous
persons dictate how they would like exploitation to be carried out with the emphasis being made
on sustainability.2 This paper will critically analyze all the factors that affect First Nations during
oil and gas extraction
In Canada, Indigenous people are among the poorest and are usually marginalized. The issue of
contention arises as a result of the effects of extraction of gas and oil which are bound to leave
1 Bains, Ravina. "Opportunities for first nation prosperity through oil and gas development." Studies in Energy
Transportation, Fraser Institute (2013).
2 Barker, Mary L., and Dietrich Soyez. "Think locally act globally? The transnationalization of Canadian resource-use
conflicts." Environment 36.5 (1994): 12.
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damage on their lands and socio-economic activities.3 Despite the negative impacts that can be
experienced as a result of oil and gas development opportunities can also be derived
2.0 Effects of Exploration
First Nations mainly comprised of young people who have no meaningful employment or work.
The unemployed youth can provide labor for the intended projects, therefore, having meaningful
employment. In Canada, the national rate of unemployment is seven percent while in the First
Nation unemployment rates are at an alarming percentage of twenty-three. The number of young
people is desirable as they are densely populated, and the oil and gas companies need not
outsource for labor. The First Nation communities are positioned uniquely to benefit from the
projects.
An example of a project that was successful that the indigenous community could borrow a leaf
from is the collaboration of the government and Haisla Nation. A project worth three hundred
and fifty million dollars was implemented in British Columbia. The population demographics
and geographical demographics are both in favor of the communities. According to statistics, the
aboriginal population is growing at a fast rate in comparison with the non-aboriginal persons.
The growth leads to a large and young population. However, due to marginalization and the
education system, most of the aboriginals do not have employment. Most of the youth have not
graduated from high school and even if they have their grades are poor.4 More than half of the
children in the community do not graduate from high school; scholars have stated that the reason
for this might be due to the fact First Nation schools that are on reserves are not regulated.
There is no legislation that lays down the parameters that the schools ought to operate on.5 Lack
of skilled laborers possesses a challenge since they must undergo specialized training before
employment. Another advantage of the projects is the economic prosperity that will be
experienced in the area.
3 Barrett, Kelsey, et al. "Melting Boundaries: Rethinking Arctic Governance." (2011).
4 Battiste, Marie Ann, and Jean Barman, eds. First Nations education in Canada: The circle unfolds. UBC Press, 1995.
5 Kirkness, Verna J. "Aboriginal Education in Canada: A Retrospective and a Prospective." Journal of American
Indian Education 39.1 (1999): 14-30.
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3.0 Challenges and Cultural Considerations
Despite the numerous benefits that can be derived from mining, such as economic development
and employment, there is apprehension when it comes to disruption of their lifestyle.6 The
members of the community are used to a way of life and change poses a problem. The effect of
mining on the environment is also an issue of concern.7 The aboriginal people strongly believe in
the preservation of the environment and use in a sustainable manner.
The Aboriginal identify themselves with the foods they partake, keeping traditional knowledge
and spirituality are their three main identifiers. They are hunters and gatherers and believe in
sharing food communally.8 Mining will affect the ecosystem thereby reducing the amount of
wildlife which will affect a fundamental aspect of their lifestyle. Due to the spiritual aspect of the
Aboriginal culture, they have certain areas which are sacred such as burial grounds. For the
projects to work out, there is a need to identify the areas that cannot be tampered with to avoid
violating their sacred spots.
Some members of the community are of the view that the risks outweigh the benefits. If
traditional foods are no longer available, they feel that they will be pushed or influenced into
eating southern foods which contain contaminants.9 Elders say that traditional food is a source of
cultural strength and contributes to the general wellbeing of members of the community.10 The
elders are also worried that there will not be cultural continuity and the activities will cause a
disruption in their close-knit communities.
4.0 Solutions
6 Francis, Shawn, and Jeff Hamm. "Looking forward: using scenario modeling to support regional land use planning
in Northern Yukon, Canada." Ecology and Society 16.4 (2011).
7 Buell, Mark. "Resource Extraction Development and Well-Being in the North A Scan of the Unique Challenges of
Development in Inuit Communities." (2006).
8 Lertzman, David A., and Harrie Vredenburg. "Indigenous peoples, resource extraction and sustainable
development: An ethical approach." Journal of Business Ethics 56.3 (2005): 239.
9 Jentoft, Svein, Henry Minde, and Ragnar Nilsen, eds. Indigenous peoples: resource management and global rights.
Eburon Uitgeverij BV, 2003.
10 Angell, Angela C., and John R. Parkins. "Resource development and aboriginal culture in the Canadian north."
Polar Record 47.1 (2011): 67-79.
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A middle ground can be reached between First Nation people and corporations that intend to
venture in the oil and gas business. Chief Phil Fontaine gives three solutions to what may seem
like a stalemate. The first suggestion he puts across is the protection of the values and the
cultures that the community believe in. The members of the community need to be assured that
their culture will not be affected by the developments.11
Chief Phil also states that their rights with regards to land and resources ought to be protected.
He emphasizes how the supreme law of the land, the Canadian Constitution, recognizes this
inherent right. By law, corporations are required the respect these rights as well. The final
principle that the chief states are that the companies need to engage in meaningful dialogue and
collaboration when it comes to making decisions.12 It would be presumptuous of the companies
to commence their activities without proper and meaningful dialogue. The chief concludes
by stating that the task will not be easy. However it can be accomplished.
The rights of indigenous people are recognized under international law of which Canada is a
participant. The UN Declaration on the Rights of Indigenous Peoples under Article 8 states that
no indigenous community shall be forced to conform to other cultures or be subjected to
activities that will lead to erosion or destruction of their culture. From discussions and various
consultative meetings that have been carried out it has been established that the biggest challenge
will be the disposition of land.13 Their whole lives revolve around the use of land, their social
activities livelihood and even identity. Separation of aboriginals from their lands will be like
separating a fisherman from his water source.14To better understand the type of relationship the
First Nation has with the land we can consider a small First Nation group in British Columbia.
Xeni Gwet, a First Nation community, made headlines in 2009 after they vehemently opposed
the mining of copper and gold that would generate billions. The community took the corporation
to the court stating that the project would drain a lake which was a primary source of food.15
They requested that another lake is created away from theirs. The Xeni Gwet were not interested
11 Bianchi, Ed. "Indigenous Peoples and Oil and Gas Development: Respecting Rights, Minimizing Risks,
Maximizing Benefits." Kairos Policy Briefing Paper 18 (2009): 1-12.
12 Garvie, Kathryn H., and Karena Shaw. "Oil and gas consultation and shale gas development in British Columbia."
BC Studies: The British Columbian Quarterly 184 (2014): 73-102.
13 Schmidt, Glen G. "Remote, northern communities: Implications for social work practice." International Social
Work 43.3 (2000): 337-349.
14 Ibid 5.
15 Gibson, Ginger, and Jason Klinck. "Canada’s resilient north: The impact of mining on aboriginal communities."
Pimatisiwin 3.1 (2005): 116-139.
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in the financial benefits that they would accrue from the project. Instead their focus was on the
effect the project would have on their society.
Extraction of minerals from indigenous people’s land can therefore be classified as a human
rights issue. People ought to have the liberty to do whatever they please with their lands, and for
anybody to meddle, they require consent from the owners.16 This right to do whatever one
pleases with their land is enshrined under Article 26(2) of the UN on the Rights of Indigenous
Peoples. Numerous court decisions have also enforced this position by ruling that the rights of
indigenous people cannot be extinguished.
There was a conference for indigenous people in Manila in 2009 where one of the concerns that
were being raised was how the people had suffered in the past at the hands of extractive
industries. The courts have also put an obligation on the crown to consult with the communities
when decisions are being made that could affect their livelihood. The supreme court stated that
the duty to consult should not be delegated to third parties; this shows how serious the situation
is. The consultation should be in good faith and prior to any consent that the indigenous
communities are to give they should be adequately informed, and no information should be
hidden from them.
Prior to consent being given the following four elements need to be met. The consent ought to be
arrived at free from a sort of manipulation, blackmail, or coercion. The project should not have
begun before consent is sought.17 The consent should be based upon the truth, the corporations
should not hide any information, and they should disclose all relevant information. For example,
the form of mining that would be used should be disclosed, and the effects both negative and
positive should be explained in depth in a language that is understandable.
The corporations also need to understand that the communities can choose to opt out at any time
during the negotiations. An example of an indigenous community that declined a project is the
Haida Nation that refused a pipeline to pass through their lands because consent was not sought.
Another incident that halted the actions of a company that had not consulted was Dene Prairie
16O'Faircheallaigh, Ciaran. Negotiations in the indigenous world: aboriginal peoples and the extractive industry in
Australia and Canada. Routledge, 2015.
17Dana, Léo-Paul & Meis Mason, Aldene & Anderson, Robert. (2008). Oil and gas and the Inuvialuit people of the
Western Arctic. Journal of Enterprising Communities: People and Places in the Global Economy. 2.
10.1108/17506200810879970.
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who stopped the government of Alberta from issuing permits because they were no involved in
the decision-making process. It is therefore important for the government of Canada to be
involved in meaningful dialogue for the project to be successful.
5.0 Conclusion
The success of the project will be pegged on how the relevant corporations deal with the rights of
the indigenous people. The companies need to understand in depth the impact of their actions
and the effect it would have on the Aboriginal people.18 By identifying the issues that may arise
the companies will be able to come up with mitigating measures. The government should ensure
the collaboration is seamless and that indigenous people are involved in every stage of decision
making. It is important for the extractors to realize that the independence of the indigenous
people is in being able to control their resources; they should, therefore, be given an aspect of
control.
References
18 Natcher, David C., Susan Davis, and Clifford G. Hickey. "Co-management: managing relationships, not resources."
Human Organization 64.3 (2005): 240-250.
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Angell, Angela C., and John R. Parkins. "Resource development and aboriginal culture in the
Canadian north." Polar Record 47.1 (2011): 67-79.
Battiste, Marie Ann, and Jean Barman, eds. First Nations education in Canada: The circle
unfolds. UBC Press, 1995.
Barrett, Kelsey, et al. "Melting Boundaries: Rethinking Arctic Governance." (2011).
Bianchi, Ed. "Indigenous Peoples and Oil and Gas Development: Respecting Rights, Minimizing
Risks, Maximizing Benefits." Kairos Policy Briefing Paper 18 (2009): 1-12.
Buell, Mark. "Resource Extraction Development and Well-Being in the North A Scan of the
Unique Challenges of Development in Inuit Communities." (2006).
Dana, Léo-Paul & Meis Mason, Aldene & Anderson, Robert. (2008). Oil and gas and the
Inuvialuit people of the Western Arctic. Journal of Enterprising Communities: People and Places
in the Global Economy. 2. 10.1108/17506200810879970
Francis, Shawn, and Jeff Hamm. "Looking forward: using scenario modeling to support regional
land use planning in Northern Yukon, Canada." Ecology and Society 16.4 (2011).
Garvie, Kathryn H., and Karena Shaw. "Oil and gas consultation and shale gas development in
British Columbia." BC Studies: The British Columbian Quarterly 184 (2014): 73-102.
Gibson, Ginger, and Jason Klinck. "Canada’s resilient north: The impact of mining on aboriginal
communities." Pimatisiwin 3.1 (2005): 116-139.
Jentoft, Svein, Henry Minde, and Ragnar Nilsen, eds. Indigenous peoples: resource management
and global rights. Eburon Uitgeverij BV, 2003.
Kirkness, Verna J. "Aboriginal Education in Canada: A Retrospective and a Prospective."
Journal of American Indian Education 39.1 (1999): 14-30.
Lertzman, David A., and Harrie Vredenburg. "Indigenous peoples, resource extraction and
sustainable development: An ethical approach." Journal of Business Ethics 56.3 (2005): 239.
Page 8 of 9

Natcher, David C., Susan Davis, and Clifford G. Hickey. "Co-management: managing
relationships, not resources." Human Organization 64.3 (2005): 240-250.
O'Faircheallaigh, Ciaran. Negotiations in the indigenous world: aboriginal peoples and the
extractive industry in Australia and Canada. Routledge, 2015
Schmidt, Glen G. "Remote, northern communities: Implications for social work practice."
International Social Work 43.3 (2000): 337-349.
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