Module 1: Ethical and Legal Considerations
Connecting the TRC and UNDRIP: What Does This Mean?
As outlined by UNDRIP and TRC, Indigenous Peoples have the right to self-determination in all aspects of their lives, which includes the establishment of research ethics protocols as the community sees fit.
That means nothing about us, without us.
This slogan serves as a powerful reminder that policies and actions affecting Indigenous communities must be co-developed with their active ongoing participation and consent.
Learner notes
The above saying is a centuries-old political slogan asserting that no policy should be created without the full and direct participation of those it affects.
It is referring to “free, prior, and informed consent” as found throughout UNDRIP. The Declaration emphasizes the importance of recognizing and upholding the rights of Indigenous Peoples and ensuring that Indigenous Peoples effectively and meaningfully participate in decisions that affect them, their communities, and their territories. Likewise, any knowledge gathering done with Indigenous Peoples must be done with their full “free, prior and informed consent.” Simply put, nothing about us, without us.
Source and recommended reading: Nothing About Us Without Us (amm-us.org) [PDF] and Beyond Conservation: Working Respectfully with Indigenous People and Their Knowledge Systems – IPCA Knowledge Basket
Active ongoing participation and consent means:
- Consent
- Consultation and collaboration
- Localization
- Giving decision-making power
True consent must be informed, which means that people must be provided the necessary information and given time to consider the requests. Sensitive content, such as secret and sacred material, requires special communication procedures that should be ascertained first. Engagement may take time and the decision makers have the freedom to say no. There may be one or more groups that have custodianship of traditional belongings. Communication with and consent from each identified group should be sought if consensus is required.
Learner notes
Geographical location does not ensure similarities in protocols, language, and ways of being. Indigenous Protocols vary from community to community, and even if the communities are geographically close, there may be significant differences in cultural practices and language. It is important to do the necessary research and gain a base level of understanding about the communities you are approaching.
Meaningfully consulting and collaborating with Indigenous Peoples in the development of digital programs and policies is important. Indigenous communities want to be engaged early and often regarding the sharing of their Indigenous Traditional Knowledges throughout the full process of working together.
Consultation at the hyper-local level will ensure that there is no misinformation being expressed on widely accessible online platforms and that all information published is suitable and approved by the community.
Learner notes
It is critical to engage Indigenous participants at the local level if we are to decolonize the digital. This is the only way to ensure these spaces are used acceptably.
Source and recommended reading: Decolonizing the Digital: How to Bring Indigeneity to Online Spaces | Intercontinental Cry
Giving decision-making power means respectful engagement, shared decision-making, and the recognition of Indigenous agency in shaping their own futures. It means self-determination. The sharing of power is vital.
Learner notes
Canada’s commitment to Indigenous self-determination involves legal recognition, reconciliation efforts, awareness-building, addressing inequities, and collaborative partnerships through shared decision-making. This also includes honouring Indigenous Traditional Knowledges.
Now that you have a baseline knowledge of the guiding documents — TRC and UNDRIP — let’s dive into why data sovereignty is vital to reconciliation.