Indigenous Processes of Consent: Repoliticizing Water Governance through Legal Pluralism

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dc.contributor.author Curran, Deborah
dc.date.accessioned 2019-03-27T18:30:55Z
dc.date.available 2019-03-27T18:30:55Z
dc.date.copyright 2019 en_US
dc.date.issued 2019
dc.identifier.citation Curran, D.(2019). Indigenous Processes of Consent: Repoliticizing Water Governance through Legal Pluralism. Water, 11(3), 571. https://doi.org/10.3390/w11030571 en_US
dc.identifier.uri http://dx.doi.org/10.3390/w11030571
dc.identifier.uri http://hdl.handle.net/1828/10673
dc.description.abstract While international instruments and a few state governments endorse the “free, prior and informed consent” of Indigenous peoples in decision-making about the water in their traditional territories, most state water governance regimes do not recognize Indigenous water rights and responsibilities. Applying a political ecology lens to the settler colonialism of water governance exposes the continued depoliticizing personality of natural resources decision-making and reveals water as an abstract, static resource in law and governance processes. Most plainly, these decision-making processes inadequately consider environmental flows or cumulative effects and are at odds with both Indigenous governance and social-ecological approaches to watershed management. Using the example of groundwater licensing in British Columbia, Canada as reinforcing colonialism in water governance, this article examines how First Nations are asserting Indigenous rights in response to natural resource decision-making. Both within and outside of colonial governance processes they are establishing administrative and governance structures that express their water laws and jurisdiction. These structures include the Syilx, Nadleh Wut’en and Stellat’en creating standards for water, the Tsleil-Waututh and Stk’emlúpsemc te Secwépemc community assessments of proposed pipeline and mining facilities, and the First Nations of the Nicola Valley planning process based on their own legal traditions. Where provincial and federal environmental governance has failed, Indigenous communities are repoliticizing colonial decision-making processes to shift jurisdiction towards Indigenous processes that institutionalize responsibilities for and relationships with water. en_US
dc.description.sponsorship This research was funded by the Social Sciences and Humanities Research Council grant number 890-2015-0115 and the Real Estate Foundation of British Columbia grant number 2016-11. en_US
dc.language.iso en en_US
dc.publisher Water en_US
dc.subject water governance en_US
dc.subject politics en_US
dc.subject law en_US
dc.subject decision-making processes en_US
dc.subject governmentalities en_US
dc.subject UNDRIP en_US
dc.subject free en_US
dc.subject prior and informed consent en_US
dc.subject FPIC en_US
dc.subject groundwater en_US
dc.subject environmental flows en_US
dc.subject environmental assessment en_US
dc.title Indigenous Processes of Consent: Repoliticizing Water Governance through Legal Pluralism en_US
dc.type Article en_US
dc.description.scholarlevel Faculty en_US
dc.description.reviewstatus Reviewed en_US

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