Governance: Perspectives on Treaty- Making, Devolution, Globalization, and Security

 

Treaty- Making: Canadian Leadership

 

Around the circumpolar Arctic the structure, functions and processes of governance are in flux. What is increasingly clear is that Aboriginal rights and realities, the shift of authority and responsibilities from the centre to the regions and communities, and remarkably broader or inclusive notions of what constitutes security, are re-defining the very nature of who governs what, where, and how. The CWG made the following points.

 

• The historic two solitudes of the Arctic - Aboriginal and settler - are giving way to new relationships, in part because of the strengthening of the Aboriginal community through modern treaties. As these treaties bring a new look to governance in the Arctic, the institutions and organizations of the Euro-Canadian culture are adapting. This is especially so in the Canadian North where comprehensive land claim agreements - modern treaties - are breaking new ground almost daily and lead the world in resolving inter-societal conflicts. The Canadian experience demonstrates the emergence of a "new consciousness" amongst all Northerners, and indeed many other Canadians, as the process of building responsive and effective Aboriginal organizations and institutions, and with them strong linkages to all sectors of northern society, moves forward. The Canadian approach is inspiring other circumpolar societies where Aboriginal people seek greater measures of self-determination and self-reliance. The example of the role that the vision of Nunavut played for the Canadian Inuit is helping Aboriginal people elsewhere to find their own visions for overcoming the despair and apathy that often threaten their communities. Modern treaty making moves us beyond merely the affirmation of rights and frameworks for assimilation. It provides for the design and construction of increasingly self-reliant and self-determining societies which lend a vibrancy to the whole society - Aboriginal and non-Aboriginal.

 

• Treaty-making is having a profound impact on all aspects of governance. It promotes a level of competence at the community and regional level that is giving rise, as we noted previously, to imaginative sustainable development initiatives, partly because the treaties themselves contain many of the elements of sustainability. Canadian treaty-making is the engine of "upward guidance"; innovations in governance are leading to better solutions to many issues. In recognition of this the CWG believes that a framework for Canadian foreign policy for the circumpolar Arctic should reflect the regional and sub-regional realities and the visions they bring for the future. This means among other things, less "top down" governance.

 

• While the CWG finds much to commend in modern Canadian treaty--making arrangements, it is quick to point out that the very newness of it all carries with it a kind of fragility. Expectations are high, capacities are limited and evaluations of efforts to date are needed. What would be timely now is an examination of the Canadian treaty-making experience in re-structuring governance and promoting sustainability, and all of this considered further in terms of its applicability to the broader circumpolar arena.

 

Devolution and Globalization

 

Throughout the Arctic, authority and responsibility is being shifted from the centre to the regions. At the same time however, the forces of globalization draw nation states into increasingly broader international arrangements that link economies and legal regimes, and in the process, make capital even more mobile than in the past. We are therefore faced with managing contradictions - initiatives designed to enhance and protect unique local economies and cultures versus multilateral trading and investment arrangements. With this backdrop the CWG noted the following.

 

• In Canada, territorial and federal governments are negotiating the devolution of powers in several policy sectors. Some funds from the European Union are, in some cases, being routed directly to Northern Scandinavian regional governments, by-passing entirely the national governments.

 

• The emergence of the Northern Forum as a player on the circumpolar scene is further evidence of the rise of regional and sub-regional interests, connecting east to west, to promote shared interests. Other contributions being made by sub-national organizations are seen in sustainable development agendas for the North. To date no national level government has put forward such an agenda, but a number of northern organizations have, including Inuit Circumpolar Conference, the Saami Council, the Northern Forum, and the State of Alaska. One of the key challenges here is to design and implement rules, practices and technologies that promote, protect, and enhance sustainable development. In education, initiatives such as the Arctic Council's feasibility study into the University of The Arctic, a virtual institute of higher learning, which is being coordinated by Outi Snellman of the University of Lapland and the circumpolar Universities Association, could become a powerful tool in teaching the processes of sustainability.

 

• The impacts of human activities, particularly industrial development, around the globe continue to affect daily life in the Arctic. The efforts of anti-harvesting and animal rights groups still threaten livelihoods and cultures throughout the Arctic. Industrial contaminants continue to find their way into Arctic ecosystems and constitute serious public health and environmental issues. Yet all to often, regional and sub-regional institutions, a number of which are Aboriginal, do not have a voice in international forums. For example, ICC has only observer status at the LRTAP negotiations on a POPs protocol. Exceptions to this include the re-negotiation of the Migratory Birds Convention (MBC) between Canada and the United States and the Rio Conference on the global environment. In the case of the bilateral negotiations on the MBC, Canada included three Aboriginal people as members of the negotiating team, which reflected both their constitutionally guaranteed rights and the knowledge they brought to the discussions. In the case of Rio, indigenous peoples from around the world including the circumpolar Arctic were a part of the multilateral discussions and negotiations. Aboriginal and northern governments were not party to the negotiations on GATT, NAFTA, or WTO. Yet it is the effects of these latter arrangements that impact on life in the Arctic. The CWG urges Canada to support the United Nations Working Group on Indigenous peoples in their efforts to enhance indigenous cultures and economies.

 

• The CWG supports Recommendations 8, 9, and 31 in the Standing Committee report inasmuch as they provide for significant roles for Aboriginal, regional and sub-regional organizations in the affairs of the Arctic Council and national policy making processes.

 

Security

 

With the demise of the "cold war" has come a broadening of the concept of national security. No longer is it taken to refer just to matters of defending one's territorial sovereignty or national interests. Now people everywhere, including those in the Arctic, think about economic security, cultural security, social security, linguistic security and environmental security . In this wider meaning of security we find added emphasis on what is shared or common, be it threats or opportunities. And in the notion of cooperation, circumpolar and domestic, is the basis of what Franklyn Griffiths suggests, as "civil security".

 

• For some the Arctic Environmental Protection Strategy is seen as a crucial step in promoting environmental security which in turn may evolve into economic and cultural security as environmental strategies develop into strategies for sustainable development.

 

• Impact and Benefit Agreements (IBAs) between resource developers and Aboriginal organizations are a reflection not just of the recognition of Aboriginal rights, but a sense that development at the community and regional levels prospers to a greater degree when these constituencies are economically secure. This recent form of financial transfer grows out of past "socio-economic agreements" previously negotiated between governments, acting on behalf of Aboriginal peoples, and private sector resource developers. With Aboriginal peoples themselves at the negotiating table (and governments absent) a mix of socio-economic benefits, of which financial transfers are only a part, are being successfully concluded. These are widely seen as bringing legal certainty - security - to economic, social, cultural, and environmental affairs.

 

• The emergence of large international trading blocks, along with initiatives by the major trading nations and multinational private sector interests to negotiate a "Multilateral Agreement on Investment", may have important impacts in the circumpolar Arctic. Whether at the level of multinational plans for resources development (e.g. BHP; INCO) or sub-regional and regional ventures (e.g. Baffin Region commercial fisheries projects) , the economies of the "bottom up" actors may be jeopardized. As the foregoing analysis suggests there is a "fragility" to these sustainable development initiatives and in the absence of national level commitments to sustainability the security of this kind of future is by no means assured.

 

• While for the time being, issues of military security remain outside the ambit of the Arctic Council (due in large measure to U.S. reluctance) concerns for both environmental and economic security are being linked to military activity, past and present. Scandinavian interests are keen to make such links given the threat to their environments and economies of past waste disposal practices of the Russian military, in particular, the sea disposal of radioactive wastes and the presence of nuclear power generating stations as part of a military-industrial complex on the Kola Peninsula. .

 

Conclusions

 

Treaty making, devolution, and security issues are re-shaping the nature of Arctic governance. These efforts are marked, however, by a fragility that requires sensitive support, opportunities to adapt, and acceptance at the centre of a process that builds the upward guidance of regional and local initiatives into national and international policies.


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