Weighing Benefits and Risks

Governance Principles and Arrangements

The Issue

The strength of governance arrangements for the negotiation, implementation and monitoring of BAs has been linked to an agreement’s effectiveness and outcomes. Across global case examples, there is no consensus on whether regulated or voluntary governance arrangements are best in upholding First Nations’ interests. In any event, appropriate and affective mechanisms are needed to support positive partnerships throughout a BA process

Governance provisions within a BA typically cover aspects such as liaison and management committees, financial management structures, dispute resolution processes, and monitoring and review processes. They may also specify how BAs get ratified and the type of community engagement processes and voting mechanisms involved. Designing and establishing governance arrangements depend heavily on the local context, including the specific community’s existing organizational and deliberative structures, and its capacity for following and enforcing governance procedures (Loutit, Mandlebaum and Szoke-Burke, 2016, 89).


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