EIA Workshop Utqiaġvik, November 27-29, 2017 MEMA Project Meaningful Engagement of Indigenous Peoples and Local Communities in Marine Activities In 2015 PAME sought to review our recommendations and guidance on involving indigenous peoples and communities in offshore oil and gas activities that was contained in the Arctic Offshore Oil and Gas Guidelines, and eventually decided to expand this review to meaningful engagement of indigenous peoples in ALL marine activities. This project set out to gather existing legal and regulatory basis, guidelines, recommendations, policy statements, and practices on engagement from the Arctic Council, Governments, Indigenous Peoples and Communities, Industry, and Academia and NGOs, covering resource exploration and development, shipping, marine management, tourism, and emergency preparedness and response. A database has been developed with many hundreds of entries and these are being analyzed by a process of categorization and comparisons. We will be working on this project into the next 2 years under the Finnish Chairmanship of the Arctic Council. EIA Workshop Utqiaġvik, November 27-29, 2017

EIA Workshop Utqiaġvik, November 27-29, 2017 MEMA Project Taking Stock of Current Practices for Meaningful Engagement of Indigenous Peoples in Marine Activities. Inventory of documents containing Statements, Guidance, Recommendations, Laws, Regulations, Policy and Practices for Engagement of Arctic Indigenous Peoples A Living Database of Information An Analysis of the Information A Best Practices Workshop A Report to the Arctic Ministers Compiling existing information on some requirements, guidance or recommendations for engagement of indigenous peoples and local communities in marine activities can help identify principles, processes, and mechanisms for achieving meaningful engagement and aid governments, researchers, NGO’s and industry in finding ways to improve their relationships and interactions with indigenous peoples and local communities who are most affected by their maritime decisions, actions and activities. The final Project Report and supporting documents will serve as a useful source of information and a resource for other Arctic Council projects. EIA Workshop Utqiaġvik, November 27-29, 2017

EIA Workshop Utqiaġvik, November 27-29, 2017 MEMA Project Report in Two Parts Part 1 2017: A look at the recommendations of the Arctic Council Part 2 2017-2019: Additional information; Reanalysis, Report Information Database Part 1 Compiles Arctic Council Recommendations from 20 Reports and 11 Ministerial Declarations Presents a baseline of Arctic Council recommendations by engagement elements EIA Workshop Utqiaġvik, November 27-29, 2017

EIA Workshop Utqiaġvik, November 27-29, 2017 MEMA Project Analyses of Database Information By Source (Arctic Council, Governments, Indigenous Peoples/Local Communities, Industry, and Academic/NGO) By Sector (Resource Development, Shipping, Scientific Research, Marine Management, Emergency Management, and General) Summarize and code key words and/or principles Develop major categories of engagement attributes Compare attributes between Sources and Sectors We solicited information from different “sources” -- AC working groups, member states, indigenous peoples and communities, industry, academia and NGOs and added additional information from our own research. From this information gathered between May 1 2015 to March 1 2016 we established an information database with 370 entries. These entries were then sorted by source and by activity sector – shipping, resource exploration and development, marine management, research, prevention/preparedness/response, and tourism. The analyst then used a qualitative grounded theory approach to the information in the database. This project has compiled and analyzed existing documents and summarized their main aspects, principles, and processes for engagement of indigenous peoples and local communities. The project covers all Arctic marine and coastal activities, including shipping (vessel activity), offshore oil and gas activities (i.e. surveys, drilling rigs, support vessels, etc.), coastal infrastructure development (i.e. ports, support facilities, supply and response depots, waste reception facilities, etc.), research, and management actions (i.e. MPAs , EBM, moratoria, vessel traffic schemes, etc.). The information compiled came from Arctic Council documents and reports, national legal regimes and guidance of Arctic states, guidelines and declarations from communities and indigenous organizations, international instruments, and guidance from industry, NGO’s and other stakeholders. EIA Workshop Utqiaġvik, November 27-29, 2017

Analysis Preliminary Findings MEMA Project Analysis Preliminary Findings Elements of Engagement Principles of Engagement Foundations of Engagement Identified across all Parties and Sectors Engagement Approaches Stages of Engagement We solicited information from different “sources” -- AC working groups, member states, indigenous peoples and communities, industry, academia and NGOs and added additional information from our own research. From this information gathered between May 1 2015 to March 1 2016 we established an information database with 370 entries. These entries were then sorted by source and by activity sector – shipping, resource exploration and development, marine management, research, prevention/preparedness/response, and tourism. The analyst then used a qualitative grounded theory approach to the information in the database. EIA Workshop Utqiaġvik, November 27-29, 2017

MEMA Project Analysis Process This figure shows the process of the analysis. The column on the left is a sample of what we solicited in the information template shown in the previous slide. It contains the initial entries of recommendations or requirements. The analyst then selected words and phrases that characterize, describe or relate to engagement and interpreted them to develop concepts, shown in the second column. Through further analysis of the documents, relationships between the concepts emerged giving rise to elements and then foundations that are needed for meaningful engagement. This iterative process ensured that the elements and foundational components of meaningful engagement were derived from the literature and provides a context for comparative analysis of different recommendations and requirements for engagement across the different sectors. Process of analyzing words and phrases (preliminary results).

MEMA Project Foundations and Principles of Engagement Relationship-Building Collaboration, participation, information sharing, involved, informed by Indigenous Knowledge Qualities of Communication culturally appropriate, transparency, respect, trust Processes of Communication Increasing level: notification, informing, consultation, decision-making Available Support & Tools logistics, resources, capacity Legal Obligations government-to-government, self-government, consultation, accountability The analyst then developed a framework of the Foundations of meaningful engagement with their main elements. This is the framework we applied to the Arctic Council documents in MEMA Part I report. EIA Workshop Utqiaġvik, November 27-29, 2017

MEMA Project Foundations and Principles of Engagement An overview of the foundations influencing meaningful engagement. As denoted by arrows, communication is meant to be two-way between Indigenous Peoples and other entities. R e l a t i o n s h p - B u d g   Traditional and Local Knowledge C b r P c I f m S v L O G A y / T N D M k Q The framework of the Foundations of meaningful engagement with their main elements. EIA Workshop Utqiaġvik, November 27-29, 2017

MEMA Project Comparative Analysis We then compared sources and sectors. EIA Workshop Utqiaġvik, November 27-29, 2017

MEMA Project Engagement Approaches Engagement approaches, including with whom and at what stage engagement is being conducted may be influenced by: Complexity of the action; Scope, scale and degree of the impact; Nature of the rights being affected Preference of those being engaged Capacity/resources of those being engaged Technological legal, and human capacities of communities EIA Workshop Utqiaġvik, November 27-29, 2017

MEMA Project Participation and Stages of Engagement Participation in Engagement Notification & Inform (notified and acknowledged) Consultation Decision-Making Stages of Engagement pre-approval, planning, implementation, management, monitoring, progress feedback. Engagement can also occur during information gathering and dispute resolution which can span the entire life of a project. Next Steps: After the report is delivered in May, we will reach out to other working groups again to see if we have enough information to provide broader guidance to Arctic States and the Arctic Council itself. This can be in the form of a set of guidelines by multiple working groups, by the SGWG, or by the PPs themselves in the form of a declaration of principles. EIA Workshop Utqiaġvik, November 27-29, 2017

EIA Workshop Utqiaġvik, November 27-29, 2017 MEMA Project September 17, 2016 MEMA Workshop Results Current engagement practices are often not culturally appropriate but education and training can reduce the disconnect; Based on establishing relationships among people; Trust and respect between people at the table not between entities is important; Openness and willingness to understand the perspective and values of others is important; Research should take in as many perspectives and values as possible; Meaningful engagement should be conducted because it is the best way to move forward, not because it is mandatory; Support the decision-making capacity of communities; Consultation alone is not meaningful engagement; What constitutes meaningful engagement is determined by the Indigenous communities that are being engaged EIA Workshop Utqiaġvik, November 27-29, 2017

EIA Workshop Utqiaġvik, November 27-29, 2017 MEMA Project Thank You EIA Workshop Utqiaġvik, November 27-29, 2017