Querying water co-governance: Yukon first nations and water governance in the context of modern land claim agreements
There exist few examples of functioning water co-governance systems where Indigenous and settler colonial governments work together to share authority for water on a nation-to-nation basis. In this paper I examine the multiple barriers to achieving water co-governance, highlighted by a multidimensio...
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ftdoajarticles:oai:doaj.org/article:c39dd5dd95e34dafb607e376fe370647 2023-05-15T15:53:10+02:00 Querying water co-governance: Yukon first nations and water governance in the context of modern land claim agreements Nicole J. Wilson 2020-02-01T00:00:00Z https://doaj.org/article/c39dd5dd95e34dafb607e376fe370647 EN eng Water Alternatives Association http://www.water-alternatives.org/index.php/alldoc/articles/vol13/v13issue1/566-a13-1-5/file https://doaj.org/toc/1965-0175 1965-0175 https://doaj.org/article/c39dd5dd95e34dafb607e376fe370647 Water Alternatives, Vol 13, Iss 1, Pp 93-118 (2020) co-governance environmental justice indigenous law indigenous water governance modern land claims yukon canada Hydraulic engineering TC1-978 article 2020 ftdoajarticles 2022-12-31T08:23:07Z There exist few examples of functioning water co-governance systems where Indigenous and settler colonial governments work together to share authority for water on a nation-to-nation basis. In this paper I examine the multiple barriers to achieving water co-governance, highlighted by a multidimensional framework including distributional, procedural and recognitional (in)justices. I apply this framework to a case study in the Yukon, Canada, which is based on research conducted in partnership with four out of fourteen Yukon First Nations (Carcross/Tagish, Kluane, Tr'ondëk Hwëch'in and White River First Nations); all are in areas where the water governance system is shaped by Indigenous water rights and authorities that are acknowledged in modern land claim and selfgovernment agreements. Despite the many substantive and positive changes resulting from the explicit acknowledgement of Yukon First Nation water rights, I find that this system falls short of achieving co-governance. In particular, Yukon First Nations critiques highlight the limitations imposed by the continued assertion of 'Crown' jurisdiction over water and by the marginalisation of Indigenous legal orders that follows from the privileging of settler worldviews and forms of governance. Thus, co-governance arrangements depend not only on the distributional justice of shared jurisdiction; Indigenous legal orders and relationships to water must also be reflected in the procedural and recognitional justices of the decision-making processes and institutions that are developed. Article in Journal/Newspaper Carcross First Nations Tagish Yukon Directory of Open Access Journals: DOAJ Articles Yukon Canada Tagish ENVELOPE(-134.272,-134.272,60.313,60.313) Carcross ENVELOPE(-134.704,-134.704,60.166,60.166) |
institution |
Open Polar |
collection |
Directory of Open Access Journals: DOAJ Articles |
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ftdoajarticles |
language |
English |
topic |
co-governance environmental justice indigenous law indigenous water governance modern land claims yukon canada Hydraulic engineering TC1-978 |
spellingShingle |
co-governance environmental justice indigenous law indigenous water governance modern land claims yukon canada Hydraulic engineering TC1-978 Nicole J. Wilson Querying water co-governance: Yukon first nations and water governance in the context of modern land claim agreements |
topic_facet |
co-governance environmental justice indigenous law indigenous water governance modern land claims yukon canada Hydraulic engineering TC1-978 |
description |
There exist few examples of functioning water co-governance systems where Indigenous and settler colonial governments work together to share authority for water on a nation-to-nation basis. In this paper I examine the multiple barriers to achieving water co-governance, highlighted by a multidimensional framework including distributional, procedural and recognitional (in)justices. I apply this framework to a case study in the Yukon, Canada, which is based on research conducted in partnership with four out of fourteen Yukon First Nations (Carcross/Tagish, Kluane, Tr'ondëk Hwëch'in and White River First Nations); all are in areas where the water governance system is shaped by Indigenous water rights and authorities that are acknowledged in modern land claim and selfgovernment agreements. Despite the many substantive and positive changes resulting from the explicit acknowledgement of Yukon First Nation water rights, I find that this system falls short of achieving co-governance. In particular, Yukon First Nations critiques highlight the limitations imposed by the continued assertion of 'Crown' jurisdiction over water and by the marginalisation of Indigenous legal orders that follows from the privileging of settler worldviews and forms of governance. Thus, co-governance arrangements depend not only on the distributional justice of shared jurisdiction; Indigenous legal orders and relationships to water must also be reflected in the procedural and recognitional justices of the decision-making processes and institutions that are developed. |
format |
Article in Journal/Newspaper |
author |
Nicole J. Wilson |
author_facet |
Nicole J. Wilson |
author_sort |
Nicole J. Wilson |
title |
Querying water co-governance: Yukon first nations and water governance in the context of modern land claim agreements |
title_short |
Querying water co-governance: Yukon first nations and water governance in the context of modern land claim agreements |
title_full |
Querying water co-governance: Yukon first nations and water governance in the context of modern land claim agreements |
title_fullStr |
Querying water co-governance: Yukon first nations and water governance in the context of modern land claim agreements |
title_full_unstemmed |
Querying water co-governance: Yukon first nations and water governance in the context of modern land claim agreements |
title_sort |
querying water co-governance: yukon first nations and water governance in the context of modern land claim agreements |
publisher |
Water Alternatives Association |
publishDate |
2020 |
url |
https://doaj.org/article/c39dd5dd95e34dafb607e376fe370647 |
long_lat |
ENVELOPE(-134.272,-134.272,60.313,60.313) ENVELOPE(-134.704,-134.704,60.166,60.166) |
geographic |
Yukon Canada Tagish Carcross |
geographic_facet |
Yukon Canada Tagish Carcross |
genre |
Carcross First Nations Tagish Yukon |
genre_facet |
Carcross First Nations Tagish Yukon |
op_source |
Water Alternatives, Vol 13, Iss 1, Pp 93-118 (2020) |
op_relation |
http://www.water-alternatives.org/index.php/alldoc/articles/vol13/v13issue1/566-a13-1-5/file https://doaj.org/toc/1965-0175 1965-0175 https://doaj.org/article/c39dd5dd95e34dafb607e376fe370647 |
_version_ |
1766388206132002816 |