Report on the Polar Law Conference and Arctic Circle Conference in Iceland – Long

I just returned from Iceland, where I participated in the 6th annual Polar Law Conference and the inaugural Article Circle Conference. The events drew an impressive array of speakers. It was almost a “who’s who” in Arctic affairs, bringing in heads of state, ambassadors, special envoys, lawyers, scholars, business executives, scientists, activists, students, and other interested people. Coverage of both events can be found online.

Polar Law Conference

Arctic Circle Conference

Instead of simply reviewing the events, I thought I’d mention a few of the presentations and events that were of particular interest to me and that might be interesting to some of you.

This is the second time I have attended the Polar Law Conference. I was impressed both times with how open the attendees are to discussing the implications of Arctic development on the Indigenous peoples who reside in Arctic regions. In fact, I found myself engaged in fascinating discussions with legal scholars from many locations who do not understand the U.S. domestic legal policies toward tribes (does anyone truly understand this?) as well as what appears to the international community as the United States’ hesitance to apply UNDRIP, join ILO 169 or UNCLOS, or apply international customary law norms in US courts. Even more interesting are the discussions on how Indigenous groups around the world are dealing with issues that face us all such as: access to sacred sites, protection of subsistence rights, violence against women, preservation and protection of cultural knowledge, among other things.

Here are some highlights from presentations made at both conferences:

Timo Koivurova, Director of the Northern Institute for Environmental and Minority Law, referred to the evolving indigenous law regime that is developing internationally and the need for this regime to trickle down to the domestic level to be truly effective.

Antje Neumann, Researcher at the Univ of Akureyri and PhD Candidate at the University Tilburg presented a compelling paper on the role of Indigenous knowledge in environmental protection and how assisting Indigenous groups to preserve traditional knowledge may benefit all nations when working on ways to protect and preserve the environment.

Kári á Rógvi, Member of Parliament, Faroe Islands spoke on the struggles that Faroe Islanders face as a self-governing nation under the sovereign authority of Denmark. The similarities in legal struggles between the Faroe Islands and Tribes in the US were striking, and Kári and I both agreed that we might be able to learn much from each other since the issues we face are quite similar.

Leena Heinämäki, Research Fellow, Northern Institute for Environmental and Minority Law, shared a project she is involved with on reclaiming sacred natural sites of Indigenous Peoples in the Circumpolar Arctic. Researchers from various countries are bringing together the similarities and differences that Indigenous Peoples in all Arctic countries are facing, and trying to created a unity of purpose between these groups.

Mara Kimmel, an Alaskan attorney and PhD Candidate, Central European University, gave a fascinating paper called “Land, Governance and Well-Being – An Alaskan Case Study.” Her PhD thesis will be coming out soon, and I am looking forward to reading about Alaska Native land claims, governance issues, and the link to the well-being of the people. Since my presentation had to do with human security issues for Indigenous communities in Alaska and Canada related to economic development, we found a lot of cross issues between human security and the ability to self-govern effectively.

Aqqaluk Lynge, Chair, Inuit Circumpolar Council spoke about the question of whether Indigenous people in the Arctic will thrive or just survive. He said that he is not yet convinced that the Arctic will become a place of peace. He challenged the international community to focus on honesty, integrity, transparency and accountability in its dealings with Indigenous Peoples.

Edward Itta (Inupiaq), Commissioner, U.S. Arctic Research Commission gave a powerful presentation. He wanted to know how the Inupiaq can participate more meaningful in economic opportunities. Perhaps, as he said, it is time for Indigenous peoples to ponder a challenge to the current status quo. As he also said, the Inupiaq “degree” in the Arctic world is their survival!

Gudmundur Alfredsson, Univ of Akureyri (and influential part of the creation of UNDRIP), chaired the session where Mr. Itta spoke. He pointed out the less-than-stellar human rights and Indigenous rights records that many of the Arctic states have. He said that it might be time for the world to start focusing on the North and these important issues. He also took a moment and had every Indigenous person in the audience raise their hands. While there were numerous hands raised, we were still quite a small minority. He said that maybe next year we can do better.

The conference had many memorable moments, from the moment when the director of Greenpeace confronted President Putin’s Special Envoy about the arrest of the 30 Greenpeace protestors to the Google Maps presentation showing the in-depth mapping of the ocean to the gorgeous northern lights display (thanks to Mother Nature for that). It was worth the time to attend.

It would be great to see a stronger representation of Alaska Natives getting their voices heard at these conferences along with other legal scholars from the U.S. While I understand that many in the U.S. do not find it worthwhile to spend much time on the international scene, and it is often cost prohibitive, I think we have a unique opportunity related to the Arctic. The attention of the world is turning to that region, and right now we have an opportunity to have our voices heard. Further down the line, the policies will be set and we will be stuck trying to change the practices that we disagree with. Right now we may be able to influence them from the start. It’s something to consider.

UN special rapporteur describes Canada as being in a crisis with respect to indigenous peoples

James Anaya’s remarks came after a nine-day visit to Canada. Pressing issues include education reform and the epidemic disappearance of aboriginal women.

Here is a Huffington Post article, and here’s a CBC article.

Update, Walking With Our Sisters First Exhibit Opening October 2

The Walking With Our Sisters Exhibit will open to the public on October 2, 2013 at the University of Alberta in Edmonton.

For anyone not familiar with this exhibit, it originated with Métis artist Christi Belcourt, who was looking for a way to raise awareness about the 600+ missing or murdered Indigenous women in Canada. Her original plan was to have 600 moccasin vamps (uppers) made to symbolically represent these women. She sent out requests to the community to see if anyone would be willing to donate vamps to this project. The response to her call has far exceeded her expectations. The final number of vamps that have been created and donated to the project is now 1,723. This overwhelming response is a testament to the impact violence against women has had on Indigenous communities, not only in Canada but in the United States and other places around the world.

A site has been created with information about the project, the schedule of exhibits, pictures of the donated vamps, media releases, and more. Link here.

Previous coverage here.

At this time, Canada has not yet positively responded to requests for an inquiry into the disappearances and unsolved murders of these women.

This project is about these women, paying respect to their lives and existence on this earth.  They are not forgotten.  They are sisters, mothers, daughters, cousins, aunties, grandmothers, friends and wives.  They have been cared for, they have been loved, and they are missing.

Press Release on Aboriginal Water Rights & Title

Here. From the Union of BC Indian Chiefs.

Separate story here from APTN about a blockade by the Tahltan Nation in BC to protect headwaters.

Alta Outcome Document Released in Preparation for 2014 World Conference on Indigenous Peoples

Indigenous peoples from around the world today issued a common position for the high-level plenary meeting of the United Nations General Assembly, also known as the World Conference on Indigenous Peoples, to be held at New York Headquarters from 22 to 23 September 2014.

The “Alta Outcome Document” is a set of recommendations adopted by the Global Indigenous Preparatory Conference in Alta, Norway.  Indigenous peoples from the seven regions of the world — Asia; Africa; North America; Central and South America and the Caribbean; Eastern Europe, Russian Federation, Central Asia and Transcaucasia; the Arctic; and the Pacific, as well as the Indigenous Women and Youth Caucuses — gathered in Alta at a global meeting organized by the Saami Parliament of Norway.

“This is a crucial step leading up to the World Conference,” said Paul Kanyinke Sena, Chair of the United Nations Permanent Forum on Indigenous Issues.  “By formulating a common position, indigenous peoples have given their voices added strength and relevance in the dialogues that will make up the World Conference.”

Link to press release here.

Link to a pdf copy of the document here.

 

Q&A with James Anaya on Implementing Prior Consent with Indigenous Peoples

Most of the questions relate to implementation of this standard in Latin America, but his answers to the final two questions were particularly interesting to me, and applicable to many nations that are being called on to implement the prior consent standard.

Q: Do you think the state would lose its sovereignty if an indigenous community has the last word on whether or not an investment project can be undertaken on their territory?

A: The state does not lose its sovereignty if it respects human rights or indigenous rights. It has to comply with these rules to respect those rights; the state cannot do whatever it wants.

I would say that the respect of these rights is a way of ensuring that this sovereignty is exercised. When the state respects human rights, it exercises its sovereignty, because it is acting in favour of its citizens and peoples.

Q: Nevertheless, there has been a loss of trust in governments. What can be done to ensure legitimate consultations and to open up dialogue?

A: The mistrust and prejudice need to be overcome. It is a matter of creating open processes where indigenous peoples can voice their opinions and influence decisions, and where there is the necessary will to seek consensus.

The problem is that sometimes there is a belief that consent is about saying yes or no, about who wins. Consent is linked to consultation; the purpose of consultation is to reach consent, to reach consensus. It is not a question of one side imposing its opinion on the other.

Alberta First Nations Band Win Right to Trial Over Oil Sands’ Effect on Treaty Rights

A small First Nations band in Alberta has racked up a big win against the energy industry, clearing the way for a trial over whether its treaty rights are being infringed upon as industrial development such as the oil sands expands.

The Beaver Lake Cree Nation argues the so-called cumulative effects of oil sands and other industries such as mining and forestry violated their treaty rights. The provincial and federal governments grant permits which allow for development. Beaver Lake Cree Nation launched a legal battle five years ago and now Edmonton and Ottawa have lost their attempt to have it tossed out.

Full article here.

MSU International Law Review Symposium on the Arctic

Our own Victoria Sweet — the 2013-14 ILPC Fellow — has organized an amazing legal symposium — “Battle for the North: Is All Quiet on the Arctic Front?” She put together an amazing line-up of international scholars — and the leader of the US Coast Guard will unveil a new strategic approach to the Arctic at the conference.Polar Bear

Here is the symposium website. And here is the description:

This symposium will highlight the current concerns and questions surrounding the Arctic. The event will raise awareness of and encourage discussion about various topics such as: international security concerns; indigenous people in the Arctic region; environmental law; regulation, governance and management of Arctic lands and resources; exploration, exploitation, and transportation of oil, gas, and minerals; and the law of the sea.

Papers will be published in the Michigan State International Law Review.

Agenda:

Thursday, February 21, 2013
5:00 p.m. Check In: Kellogg Hotel & Conference Center, Big Ten C
5:30 p.m. Reception
6:00 p.m. Dinner
7:00 p.m. Opening Remarks
Victoria Sweet, Executive Editor, Michigan State International Law Review

Bruce W. Bean, Professor and Michigan State International Law Review Faculty Advisor, Michigan State University College of Law, International Law Review Faculty Advisor

7:15 p.m. Keynote
Lawson Brigham, “The New Maritime Arctic: Global Connections and Complex Challenges”
7:45 p.m. The Impacts of Climate Change
Moderator: Jennifer Carter-Johnson, Assistant Professor, Michigan State University College of Law
Sumudu Atapattu, “Climate Change, Indigenous Peoples and the Arctic: The Changing Horizon of International Law”
Avi Brisman, “Climate Change and the Future of the Arctic: Cultural and Environmental Considerations”
8:30 p.m. Closing Remarks
Friday, February 22, 2013
8:00 a.m. Breakfast and Registration: MSU College of Law Castle Boardroom
8:45 a.m. Opening Remarks
Dean Joan W. Howarth, Dean, Michigan State University College of Law
9:00 a.m. Keynote
Rear Admiral Frederick J. Kenney Jr., “The U.S. Coast Guard and the Challenge of the Arctic”
9:35 a.m. Arctic Governance
Moderator: Michael Lawrence, Associate Dean, Michigan State University College of Law
Waliul Hasanat, “Reforming the Arctic Council against Increasing Climate Change Challenges in the North”
Tanja Joona, “ILO Convention 69 and the Governance of Indigenous Nordic Lands”
Tony Penikett & Adam Goldenberg, “Devolution & Democracy – Equal Citizenship in Canada’s North”
Danielle Sibener Pensley, “Subsistence as Resistance: Implications of Environmental Ethics for Property Law”
10:45 a.m. Coffee Break
11:05 a.m. Shipping & The Law of the Sea
Moderator: Beverly Moran, Visiting Professor, Michigan State University College of Law, (visiting from Vanderbilt University College of Law)
Erik Franckx, “The Northern Sea Route Shipping Season 2012: A First Assessment”
Donald R. Rothwell, “International Law and Arctic Shipping”
Ingvild Jakobsen, “The Adequacy of the Law of the Sea and International Environmental Law to the Arctic Ocean”
12:05 a.m. Lunch
12:40 p.m. Keynote
Timo Koivurova, “Final Battle over the ‘Final’ Hydrocarbon Province – the Arctic”
1:15 p.m Indigenous Peoples’ Resources and Lands
Moderator: Wenona Singel, Associate Professor, Michigan State University College of Law
Dorothee Cambou, “Control over Resources: A Prerequisite for the Realization of the Arctic Indigenous Right to Self-Determination”
Tim Heleniak, “The Migration of Arctic Populations”
Susann Funderud Skogvang, “Legal Questions Regarding Mineral Exploration and Exploitation in Indigenous Areas: Examples from Sami Areas in Norway”
Rutherford Hubbard, “Risk, Rights and Responsibility: Navigating Corporate Responsibility and Indigenous Rights in Greenlandic Extractive Industry Development”
2:25 p.m. Coffee Break
2:45 p.m. Natural Resources
Moderator: Noga Morag-Levine, Professor, Michigan State University College of Law
Andrew van Wagner, “A Heating Competition for Unclaimed Resources”
Vladimir Gladyshev, “Delimitation Issues: Cutting up the Arctic Pie”
Nikolas Sellheim, “The Neglected Tradition? – The Crafting of the EU Seal Products Ban and Commercial Sealing”
Betsy Baker, “Governance of the Marine Arctic for Resource Development”
3:55 p.m. Coffee Break
4:15 p.m. Arctic Security
Moderator: John Reifenberg, Professor, Michigan State University College of Law
Adele Buckley, “Arctic Nuclear-Weapon-Free Treaty Ratification by Non-Nuclear Weapons States Models Cooperation and Presses Nuclear Weapon States to New Strategy”
Natalia Loukacheva, “Polar Law, Arctic Security and Geo-Political Trends”
Zhixiong Huang, “Governance of the Arctic: The Role of China”
5:15 p.m. Closing Remarks

Brookings Institute Recent Scholarship on Arctic Indigenous People, Internal Displacement, and Climate Change

From the Brookings Institute site:

“For thousands of years, Arctic peoples have migrated in response to changing environmental conditions. But today climate change is putting unprecedented pressure on those indigenous communities. Temperatures are rising much faster in the Arctic than in the rest of the world, raising questions about the extent to which significant numbers of indigenous people will move away from their traditional habitats and whether they will be able to maintain their cultures and livelihoods. For the 400,000 indigenous people in the Arctic these are not only questions of adaptation but also of culture and survival.”

The issue of internal displacement also lead to questions of governmental and administrative responsibilities. If an Indigenous community is displaced because of rising waters, will the government set aside new lands? Where would they be? Would current subsistence and cultural needs also be considered? Some serious concerns for communities in Alaska as well as Indigenous communities around the world.

Here is the link to the articles:

http://www.brookings.edu/events/2013/01/30-arctic-displacement-climate-change

Arctic Law Symposium, Michigan State University College of Law

The Michigan State International Law Review’s upcoming symposium “Battle for the North: Is All Quiet on the Arctic Front?” has received international attention in the Arctic Law Thematic Network Newsletter. What is the Arctic Law Thematic Network?

From the Arctic Law Thematic Network site:
From 2013, Arctic Law Thematic Network (ALTN) publishes a Newsletter with latest news from the Network partners – information on publications, conferences, master and doctoral programmes, new projects, as well as news and analyses of interest for the members of the Network.

To see the newsletter see: http://www.arcticcentre.org/InEnglish/RESEARCH/The_Northern_Institute_for_Environmental_and_Minority_Law/University_of_the_Arctic_Thematic_Network_on_Arctic_Law/Newsletter_-_ALTN.iw3

For information on the symposium or to register see: http://www.law.msu.edu/battle-north/