COMMENTARY — Consulting with aboriginal communities

Aboriginal lands encompass some of the most actively explored mineral areas in Canada, though relations between the mining industry and aboriginal communities have, in the past, ranged from poor to non-existent.

In the past, mineral activity occurring on land on which aboriginals have depended for sustenance, has disrupted the traditional lifestyles of many of these peoples to the point where few traditional economic opportunities now exist for them.

Past consultation with aboriginal communities met with an impasse, for various reasons: mining companies focused only on recognized leaders and not others within the community; talks often took place in an environment (the city, for example) unfamiliar to aboriginals; and company personnel were unfamiliar with the aboriginal decision-making process and lacked patience.

Neither party talked, listened or learned much about the other and, consequently, negotiations often failed. Knowing with whom you are attempting to communicate is as important as knowing how to approach them.

The reality is that without aboriginal consultation on mineral development, the progress and operation of such projects become uncertain. The process for community consultation is complex and time consuming, but, if conducted sincerely and thoughtfully, it can prove beneficial for both parties.

In negotiations with a community, company officials often expect the chief to make decisions in a short period of time, and in a manner to which the company is accustomed. However, the decision-making process of the native community is much different from that generally followed by most companies.

The community makes decisions through consultation and consensus, then passes the decision to the chief and council to endorse. In other words, the chief takes direction from community members, whereas his corporate counterpart is the one who gives directions.

For relations to be successful, both parties should identify their own needs, then determine if the community can benefit from mineral development. The community can examine, for example, what it would like in terms of future social and economic development. Among the issues confronting aboriginal communities is the absence of a feasible economic plan, a crucial aspect of community improvement through education, health care, economic diversification and self-reliance.

Mining companies, on the other hand, need to develop a strategy before approaching the community. The company might draft a list of its understanding of community issues, negotiable items and concerns, from which a plan might be made. It is important for the company to know what it is willing to commit to aboriginal communities in terms of obligations and benefits.

>From the community’s perspective, an approach to support dialogue with the mining company and eventual negotiation of an impact and benefits agreement would be to consider the potential socio-economic importance of the project, and to ensure that full community involvement throughout negotiations is maintained.

Many aboriginal communities are interested in the mining industry as a component of their long-term development plans. With continuing and better dialogue, many communities are taking the opportunity to become more involved by establishing business relationships with mining companies.

In return, mining companies secure certainty of their investment, gain assistance in monitoring the environment, and retain a source of local employment and services.

Communication will not develop if there is no corporate commitment, which must include the desire to include the local communities as players in the project.

Furthermore, this commitment must been seen as an initiative by the company aimed at supporting the community, and not a requirement forced upon it by regulations.

Since good relations occur only through an understanding of how the desires of the community and the company can be integrated for mutual benefit, this model can be used all over the world. But since each culture and its traditions are different from place to place, this fundamental model needs to be flexible. Never should it be assumed that each community has the same needs and aspirations.

— The author is the president of the Canadian Aboriginal Minerals Association and a director at Price Waterhouse.