How Law Shapes Collaborative Forest Governance: A Focus on Indigenous Peoples in Canada and India. Issue 1 (2nd January 2020)

• Record Type: Journal Article
• Authors: Nikolakis, William; Hotte, Ngaio
• Is Part Of: Society and natural resources. Volume 33:Issue 1(2020)
• Page Start: 46
• Page End: 64
• Publication Date: 2020-01-02
• Subjects: Canada -- collaborative governance -- forest governance -- forest rights -- forests -- India -- Indigenous Peoples -- law -- realist synthesis; Natural resources -- Social aspects -- Periodicals; 333.7
• DOI: 10.1080/08941920.2019.1605433
• Languages: English
• ISSNs: 0894-1920

Abstract

Abstract: Growing recognition of Indigenous Peoples' legal rights to forests has motivated an increase in collaborative forest governance in recent decades. Collaborative governance literature, however, has paid little attention to the influence of legal approaches. This paper explores two legal instruments, constitutionally entrenched rights and statutory rights, and their influence on six elements of collaborative governance identified in literature: starting conditions, institutional design, facilitative leadership, collaborative process, systems context and outcomes. In Canada, constitutionally entrenched and collective Indigenous rights are interpreted by the courts, resulting in a complex body of jurisprudence. Statutory rights in India are not constitutionally protected and focus on the individual, rather than the collective. In both countries, these legal instruments address conflict, injustice and forest access, and have led to the establishment of different forms of collaborative forest governance.