Interrogating Land Claim Settlements: I . Coolican, Grimshaw, & Weaver

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Presentation transcript:

Interrogating Land Claim Settlements: I . Coolican, Grimshaw, & Weaver Coolican: Is there real power-sharing? Grimshaw: Structures of accommodation tend to be inherently unstable. Is this one? In what respect? e.g., re: demography; probable change in ideology or power resources; inadequate human or social capital; corruption; inherent contradictions; excessive complexity; illegitimate with constituents; other? Weaver: Does the settlement embody the ‘New Paradigm’ (vs colonialism): - permanent organic relationship (vs finality or termination) - rights-based (justice-based), not needs-based - allows for continued cultural adaptation of FNs - emphasis on fairness, not narrow legalistic interpretation - empowerment (power-sharing) & jointly formulated policy - respect for aboriginal traditional knowledge vs Eurocentric

Interrogating Land Claim Settlements: II. RCAP A. Does the settlement honour RCAP’s ‘Basic Principles’ of a Renewed Relationship? (Vol 1, p. 675-91) Mutual Recognition Mutual Respect Sharing Mutual Responsibility B. Does the Settlement Provide Adequately for Capacity-Building? - to set up govts; to negotiate new intergovt’l arrangements; to exercise govt’l powers over the long term C. Does the Settlement Buttress Legitimacy D. Is the Settlement Adequately Resourced? E. Adequecacy of Transition Provisions?