Earth Jurisprudence andCollaborative Governance?Highlighting perspectives fromFirst NationsPeoples and Rural Communities of Australia and North America
Jacqueline Williams and Johnnie Aseron
Abstract
In recent history and within current institutional practices are examples of government and other institutional programs espousingcollaborative frameworks and inclusive policy strategies that purport to empower civil society through acollaborative governance approach.Actual outcomes,however, are all too often the antithesis of the professed policy objectives, with many of the experiences of First Nations Peoples, as well as a rising number of their rural community counterparts (i.e. mining and water issues) impacted by the lack of genuine designated places to participate in meaningful discussions exploring platforms and developing ideasabout Earth Jurisprudence.
As Aboriginal land (including Native Title) and pastoral land title in Australia accounts for at least 76% of the landmass, with fragile agro-ecological systems dominating the landscape, in this urban-dominated country (89% urbanized population), such policies ultimately demand that First Nation Peoples and rural people deliver environmentally, socially and culturally responsible outcomes on behalf of all Australians. A common denominator between First Nations Peoples and rural communities is a pre – existing relationship with the ecological environment, albeit from different cultural perspectives. Yet recent Government policies and industry practices arising from institutional governance too often exclude the experiences and inherent knowledge found within these perspectives. Does collaborative governance inform earth jurisprudence, or conversely, do ideas of earth jurisprudence inform strategies for collaborative governance?
Identifying components to earth jurisprudence may have purview within law and legal structures, but who’s law does this refer to? Is this law socially equitable and genuinely inclusive of the current custodians and stewards?Do current legal and institutional structures provide recognition for the cultural and social capital found within First Nations and Rural Communities?
Institutional environments are often antithetical to those innovative collaborative systemspivotal in addressing the many environmental, social and cultural issues that challenge our very survival, as well as beingfoundational to a true understanding of earth jurisprudence. This paper will explore some current collaborative governance regimes through case studies of rural communities and First Nations Peoples of Australia and North America, highlighting experiences thatreveal emerging ideas for more inclusive practices critical to conversations for identifying shared understandings of earth jurisprudence.
Highlighting these experiences, this paper will explorecurrent policy environments that help identify key attributes and principles required for genuine collaborative innovation,as well as identifying future research needed to discernwhat may constitute a more comprehensive andgenuine collaborative governance model, inclusive of strategies to participatory foundations for First Nations Peoples, Rural and wider community members.
Speaker Biographies
Johnnie Aseron: For 25 years Johnnie has been investigating issues arising from institutional governance practices through research projects, community capacity building training and development, as a consultant and internationally as a Director for various First Nations Organizations. Working from a cultural perspective necessitates recognising past and present cultural implants, misnomers and other mainstream myths through which current institutional governance structures continue to impact First Nations Peoples. As cultural perspectives arise through environment, his research efforts have been focused upon the Euro Centric linear institutional model of structure and governance, in comparison to its (often) non-linear First Nations counterpart. Current research initiatives focus on facilitating innovative collaboration efforts between First Nations Peoples, communities and wider community institutions and organizations in the US and Australia.
Dr Jacqueline Williams is an Environmental Scientist with over 25 years applied experience in Natural Resource Management (NRM) in Australia having worked at local, regional, state and National levels encompassing forestry, catchment management and community based NRM. Jacqueline’s areas of expertise include regional NRM systems; NRM Institutions and governance; translation and harmonization of regional NRM to property scale through Property Management Systems, and NRM policy development and implementation in particular land use, biodiversity and water quality.
Co-author Biographies
Dr. Greymorning holds joint positions in Anthropologyand Native American Studies. He is a political anthropologist who has conducted research among Indigenous peoples of Australia, Canada, Colombia S.A., New Zealand, E. Timor and the United States. Professor Greymorning's research interests include Native American language maintenance and restoration, Indigenous sovereignty issues and contemporary Native American issues.
Adrian is of the Jirrbal people of North Queensland and is the Professor of Indigenous Research at Griffith University leading the Indigenous Research Network. His previous appointment was Professor and Head of School at Southern Cross University and has held positions at James Cook University and Macquarie University.He is currently chief investigator on two NHMRC grants – firstly to investigate the development of an influenza vaccine for Indigenous populations (CIC) and secondly, evaluating alcohol management plans for Indigenous communities (CIE).