Maintaining accountability between levels of governance in Indigenous economic development: Examples from British Columbia, Canada.
Hotte, Ngaio ; Nelson, Harry ; Hawkins, Tim 等
Maintaining accountability between levels of governance in Indigenous economic development: Examples from British Columbia, Canada.
Introduction
Indigenous communities across Canada, and within the province of
British Columbia, have pursued self-determination with increasing
success in recent decades. Punctuated by high-profile court rulings and
assertions of rights and title, a hard-fought progression has enabled
several Indigenous communities to move toward self-determining
governance systems and advance their political and economic wellbeing
(Cornell and Kalt 1998; Papillon 2011).
Many Indigenous communities own businesses for the purpose of
economic development that meets community goals (Cornell 2006; Booth and
Skelton 2011; Anderson 2014; Nikolakis and Nelson 2015) such as
employment for community members, access to training and skills
development and financial transfers to support programs and service
delivery. Effective self-governance is often understood to require
strong and sustainable economic development (Cornell and Kalt 1998;
Anderson, Dana, and Dana 2006; First Nations Leadership Council and B.C.
Ministry of Economic Development 2007) and creating and sustaining
productive enterprises is one of the most powerful tools that an
Indigenous community can use to break free of dependency on outside
governments (Cornell 2006; Boyd and Trosper 2010). The objectives of
economic development may range from creating employment for community
members, providing access to training and skills development to more
strategic goals, including developing own source revenues to
re-establish autonomy and authority over decision-making and traditional
lands and resources.
Much of the literature exploring Indigenous economic development
has emphasized the importance of separating business from politics, such
that it now appears a commonly accepted "wise practice"
(Sixdion 1997; Auditor General of Canada 2003; Martin 2003; Tulk 2013;
Stanley 2015; Poelzer and Coates 2015). To achieve separation, many
Indigenous communities in Canada have established semi-autonomous
Indigenous economic development corporations (EDCs) that oversee
business operations with the goal of returning profit or other benefits
to the community (Wilson and Alcantara 2012; Tulk 2013; CCAB 2015).
These EDCs are owned by the community but intended to operate
independently of political decision-making (Cameron 1990; Atkinson and
Nilles 2008; Ratcliff & Company 2014). While having some degree of
separation between business and politics is highly correlated with
success of Indigenous community-owned businesses (Jorgensen and Taylor
2000; Nikolakis and Nelson 2015), complete separation can result in lack
of communication and generate misunderstandings that can equally harm
economic prospects (Trosper et al. 2008; Booth and Skelton 2011).
Cornell and Kalt (2003) note that successful Indigenous economic
development places "management in the hands of appointed boards of
directors that are accountable to [political leaders] in the long run,
but are genuinely independent of it in the day-to-day management of
business operations." This article examines the practicalities of
this situation, asking: how do Indigenous communities create governance
systems that provide both accountability and separation?
Indigenous EDCs can also be considered part of a broader set of
social enterprises (SEs), defined as hybrid organizations that pursue
both economic and social objectives (Anderson, Dana, and Dana 2006;
Volynets 2015). Interest in SEs has grown significantly in recent years
as a tool to address persistent challenges around poverty alleviation
and environmental issues and limitations of the capitalist model. When
viewed through an SE lens (Mason, Kirkbride, and Bryde 2007; Doherty et
al. 2009: 235), the stakeholders of an Indigenous EDC are the community
members who, in conjunction with the board of directors of an EDC,
provide strategic direction to business managers.
The literature on corporate governance of SEs provides a starting
point for this exploration. In addition to ensuring successful delivery
of social and economic benefits, SEs must remain accountable to their
stakeholders (Doherty et al. 2009: 213). Of particular concern is the
risk of multiple or conflicting objectives, such as maximizing revenues
and creating employment, and of choices with financial implications such
as non-profit status or benefits under tax codes. The complexity of
interests and goals that exist within most SEs is far from the profit
maximization or shareholder value principles that may orient governance
of a conventional enterprise. This can lead to mission drift (Doherty,
Haugh, and Lyon 2014; Ebrahim, Battilana, and Mair 2014), in which an SE
drifts away from intended objectives established by its stakeholders.
Accountability is presented as essential for keeping SEs on track
(Montgomery and Kaufman 2003; OECD 2004; Mason, Kirkbride, and Bryde
2007; Doherty et al. 2009).
Accountability is characterized as the right of actors to hold
others to a set of standards, to judge whether they have fulfilled their
responsibilities and to impose sanctions if necessary (Grant and Keohane
2005: 29). In the context of SEs and economic development,
accountability focuses on what values a business is intended to create,
who should benefit from those values and how information flows between
levels of governance to support monitoring of decisions and activities
at each level (Plumptre and Graham 1999; Ebrahim, Battilana, and Mair
2014). Accountability is particularly relevant in the context of First
Nations that remain governed under the Indian Act--the regulation that
governs the relationship between the Federal Government and First
Nations in Canada. The Act is often criticized for offering too much
power to the Federal Minister and to a Chief and Council, who can make
important decisions without engaging community members (Imai 2007). For
this reason, many First Nations are also restructuring their
governments, in addition to their economic development efforts, to
enhance accountability to community members (Alcantara, Spicer, and
Leone 2012). At the furthest extent of this effort, some First Nations
are pursuing self-government negotiations that will take them outside
the Indian Act and place them in direct accountability to the community
members. Formal processes, or mechanisms, are emphasized as important
manifestations of governance institutions that can be used to control
actions at each level of governance and maintain accountability to
community members (Mason, Kirkbride, and Bryde 2007).
This article focuses on formal institutional mechanisms and
processes used to ensure accountability in the context of Indigenous
EDCs. While published literature about governance of SEs describes the
importance of developing and articulating strategic direction for
SEs--including the vision, mission, objectives, strategies and
plans--and measuring performance (Doherty et al. 2009; Ebrahim,
Battilana, and Mair 2014), literature on Indigenous EDCs focuses
primarily on describing the governance structure used (e.g., Cameron
1990; Atkinson and Nilles 2008; Curry, Donker, and Krehbiel 2009). The
article fills a gap in the literature regarding formal mechanisms used
by Indigenous EDCs to ensure accountability between four levels of
decision-making: the community, political leaders, an EDC board of
directors and business managers.
A literature review, expert interviews and document analysis were
used to explore how formal mechanisms maintain accountability between
these levels and to identify examples of these mechanisms in practice in
British Columbia (B.C.), Canada. With nearly one-third of First Nations
communities in Canada located in B.C., this province was chosen as the
focus of this article because many communities are pursuing
self-governance and economic development strategies. A historic lack of
treaties, recent jurisprudence, provincial policy and important resource
industries, including forestry, all appear to contribute to diversity in
economic opportunities and activities. While the situation in B.C. may
not be representative of Indigenous EDCs across Canada, this article
presents one of the first detailed examinations of this topic and a
narrow scope was deemed necessary to provide sufficient detail of
analysis.
Background
Traditionally, Indigenous communities in Canada--including First
Nations, Inuit and Metis communities--operated under a range of
governance systems. For example, some groups adopted clan systems,
recognizing the authority of elders and hereditary leaders and adhering
to customary laws (Coates 2008). However, in 1876, the federal
government introduced the Indian Act and sought to assimilate First
Nations into colonial culture (Coates 2008; Alcantara and Spicer 2016).
The Indian Act imposed new governance systems and assumed power on the
part of the federal government to override traditional methods of
governance (Abele 2007; Coates 2008). Federal legislation strongly
influenced First Nations' governance by creating a centralized
government with a single chief executive (the tribal chair or
president), a one-house legislature (the elected council) and a weak or
absent judiciary (Cornell and Kalt 2003; Coates 2008). Over the ensuing
150 years, colonization, expanding settlement and commercial
exploitation of lands displaced Indigenous communities from their
traditional territories, reduced their occupation of forestlands and
limited their ability to practice traditional governance and management
systems.
However, recent court cases (e.g., Delgamuukw v. British Columbia,
Tsilhqot'in Nation v. British Columbia) have strengthened
Indigenous title claims and foreshadow future shifts in decision-making
authority over traditional territories. These legal precedents have
created opportunities for Indigenous communities to establish their own
forestry businesses (Wyatt 2008; Bowie 2013; Wyatt et al. 2013), many of
which are overseen by an EDC for the benefit of the community. With
approximately 80 percent of First Nations communities located in
Canada's forest regions (Government of Canada 2011), participation
in the forest industry is a logical choice for economic development and
has been encouraged by federal and provincial governments (Wyatt et al.
2010).
Some Indigenous communities also pursue participation in the forest
sector as part of a broader progression toward self-governance. In such
cases, access to land is critically important (Wilson and Graham 2005;
Anderson, Dana, and Dana 2006; NCFNG 2009). Forestry-based development
has been especially important in B.C., where the Provincial Government
committed to assisting First Nations to become active participants in
the forest sector through shared decision-making, revenue and benefit
sharing and support for economic self-sufficiency for First Nations
(First Nations Leadership Council and First Nations Forestry Council
2007; Forsyth, Hoberg, and Bird 2013; Nikolakis and Nelson 2015).
In B.C., as in the rest of Canada, access to forestlands typically
occurs through forest leases, otherwise known as forest tenures, which
are allocated by provincial governments and focus primarily on timber
harvesting. While some Indigenous communities have directly secured
control over forest lands through treaty negotiations and agreements
(e.g., British Columbia and Nisga'a Nation 1999) or by proving
Aboriginal title to these lands in court (e.g., Tsilhqot'in Nation
v. British Columbia), the majority of harvesting rights held by
indigenous communities in B.C. are in the form of smaller, short-term
harvesting rights issued by the Province (Wilson and Graham 2005; Wyatt
et al. 2010; Nikolakis and Nelson 2015). These short-term tenures were
developed to encourage participation by Indigenous communities in the
forest sector and have been described as "the most powerful tool of
forest management" (Notzke 1994: 83; Wyatt et al. 2010).
However, the potential for conflict between forestry businesses and
Indigenous communities exists with the former typically seeking maximum
timber production, while Indigenous values for forests often involve
maintaining a functioning ecosystem and spiritual relationship with the
land (Booth and Skelton 2011). Indigenous communities often have
distinct values and paradigms regarding land and forest resources that
may come in conflict with paradigms prevalent among non-Indigenous state
or provincial forest managers and industry (Wyatt 2008; Booth and
Skelton 2011; Nikolakis and Nelson 2015; Nikolakis, Akter, and Nelson
2016). As stated in Manuel and Derrickson (2015:11):
"Our goal is not to simply replace Settlers Resource Inc. with
Indigenous Resource Inc. Instead we are interested in building true
Indigenous economies that begin and end with our unique relationship to
the land. This is essential so we can be true not only to ourselves, but
also to a future we share with all of the peoples of the world."
If managers of an Indigenous community-owned business diverge from
the vision, values and goals of the community, the business may lose the
trust and support of community members (Aboriginal Forest Industries
Council 2010), even if it is able to deliver economic or other benefits
(Jorgensen and Taylor 2000; Grant and Taylor 2007). For example, in
1992, members of the Meadow Lake community in Saskatchewan blockaded
forestry operations of the forest management company in which they were
equal owners (Chambers 1999).
Indigenous EDCs have been widely adopted to separate politics from
business in the context of economic development (Cameron 1990; Atkinson
and Nilles 2008; Curry, Donker, and Krehbiel 2009; Tulk 2013, CCAB 2015;
Soonias et al. 2016). At the same time, stakeholder theory maintains
that accountability between levels of decision-making is essential to
avoid mission drift and keep SEs on track to achieve stakeholders'
objectives (Ebrahim, Battilana, and Mair 2014). In the case of
Indigenous economic development, we identified four levels of
governance, the first being Indigenous communities themselves as key
stakeholders in an SE. Elected political leaders are the second level,
responsible for outlining the role of Indigenous EDCs, approving annual
budgets and strategic plans and appointing members of a board of
directors--who are the third level of governance. Finally, business
managers, hired or appointed by the Board, make operational decisions
and engage in high-level communications (Cameron 1990). The existence of
different levels of governance in an Indigenous EDC raises the
possibility of divergent priorities between levels (Vining and Richards
2016). Thus, creating an EDC increases the need for accountability to
avoid mission drift, with the challenge being how to prioritize and
align interests at all levels (Ebrahim, Battilana, and Mair 2014).
Formal institutional mechanisms can help to direct and control behaviour
of various actors, while also maintaining accountability and measuring
performance (Doherty et al. 2009; Ebrahim, Battilana, and Mair 2014).
These mechanisms variously provide strategic direction to actors at each
level. The focus of this article is, therefore, on examining and
characterizing formal institutional mechanisms used by Indigenous
communities to ensure accountability in the context of EDCs.
Methods
The research followed a three-stage process involving a literature
review, expert interviews and document analysis to explore formal
mechanisms to support communication between the four levels of
decision-making involved in Indigenous EDCs. The literature review
included both peer-reviewed and non-peer reviewed material on Indigenous
economic development in the U.S. A and Canada. We included non-peer
reviewed literature in recognition of the importance of applied
knowledge and non-academic experience in the field.
Interviews were conducted with experts in the fields of Indigenous
economic development and Indigenous community-owned forestry businesses
to identify mechanisms of communication between levels of
decision-making. The interview method was based on modified qualitative
expert elicitation (Hagerman et al. 2010) with individuals who have
developed specialized knowledge and expertise through their work
practice (Orlikowski 2002). The approach sought to reveal a diversity of
views and approaches among Indigenous communities and to address the
complex nature of economic development and followed that used by
Nikolakis and Nelson (2015), which identified 25 interviewees with
experience managing forest resources for communities in B.C. and
interviewed eighteen of them. For this study, ten interviewees were
identified who possessed knowledge of Indigenous economic development
and Indigenous community-owned forestry businesses in B.C. from either
an operational or research perspective. Eight of these prospective
interviewees agreed to be interviewed: four also possessed broad
expertise in the field of Indigenous economic development in Canada at
the national level as well as more specialized knowledge of Indigenous
forestry businesses; while six had specific experience at the community
level in B.C. through working for or with multiple EDCs. Two
interviewees from the latter group had also served as elected political
leaders. Three of the interviewees have published extensively in
peer-reviewed journals in the area of Indigenous governance. While
balanced representation of male and female experts was sought, there
appear to be more men than women in this field; only one female expert
was identified who was willing to be interviewed. Six of the eight
interviewees self-identify as Indigenous. A list of interviewees and
their characteristics is included in Table 1.
Interviews were conducted via telephone, were conversational in
nature and began with a brief overview of the research topic. Interview
questions were open-ended and explored interviewees' perspectives
about the relationship between business and politics in Indigenous
community-owned businesses, what they think is important when managing
the boundary between business and politics and how they see this
boundary being managed by communities. Discussions were focused on the
interview protocol but followed lines of inquiry to delve more deeply
into issues of importance as they emerged.
Finally, document analysis was used to validate the mechanisms and
identify the frequency of their use by First Nations in B.C., thereby
triangulating information from the literature and interviews (Bowen
2009). The First Nations Economic Development Database (FNEDD) provided
a starting point for the document analysis. The FNEDD is maintained by
the B.C. Aboriginal Business and Investment Council (2016) and contains
information about more than 1,100 First Nations businesses in B.C.,
Canada. A keyword search for "forestry" in the FNEDD returned
the names of 160 businesses whose primary activity or activities include
forestry. Internet searches conducted for business names listed in the
FNEDD identified 36 Indigenous economic development corporations that
operate forestry businesses and associated First Nations communities.
Indigenous community, EDC and forestry business websites were reviewed
to compile documentation regarding formal mechanisms to support
accountability used by Indigenous communities, EDCs and community-owned
forestry businesses. All documents available on these websites that
pertained to governance of lands and resources were compiled and
analyzed using NVivo software. Coding followed a Grounded Theory
approach (Strauss and Corbin 1990), which treats coding as an evolving
process. Documents were initially coded according to the type of formal
mechanism they represented, then detailed coding was performed to
identify ways in which they contributed to accountability. Each type of
formal mechanism was treated as a separate case of a formal
institutional mechanism and analysis of data for each case was performed
in an iterative cycle that allowed continuous comparison of new results
with previous findings to inform subsequent analysis (Strauss and Corbin
1990).
Results
The expert interviews, literature review and document analysis
identified seven formal mechanisms that are used to support
accountability between Indigenous communities, political leaders, EDC
Boards and business managers in the context of Indigenous economic
development. The first three address roles and responsibilities
regarding decision-making at these different levels, while the remaining
four focused on processes for establishing strategic direction or
reporting.
The First Nations Economic Development Database, which lists
Indigenous community-owned businesses operating in B.C., was used to
identify the frequency of use of these seven mechanisms in practice. We
identified 56 Indigenous communities in British Columbia that operated
63 community-owned forestry businesses across the harvesting, sawmilling
and consulting sectors. Of these communities, 36 had established an EDC.
These communities were distributed across B.C., with nine located in the
northern regions, seven located on Vancouver Island and the rest located
across the southern regions of the Province. This distribution mirrors
the overall geographic distribution of Indigenous communities across
B.C. Four of the communities--the Nisga'a, Tla'amin and
Toquaht Nations and the Uchucklesaht Tribe--have modern treaty
agreements and one--the Westbank First Nation--has a self-government
agreement. Table 2a and b summarize the frequency and prevalence,
respectively, of formal mechanisms used by Indigenous communities in
B.C. that have established an Indigenous EDC and an Indigenous
community-owned forestry business. A complete list of formal mechanisms,
by community, is provided in Table SI (Supplementary Material).
Of the seven mechanisms identified during the research, visions,
strategic plans and reporting were the most commonly associated
Indigenous community-owned forestry businesses listed in the FNEDD.
Those prescribing rules or roles (e.g., constitutions, legislation,
charters) were less common.
Constitutions
A constitution is a declaration that establishes the roles of
community members and political leaders and ways that rules shall be
made in keeping with the community's shared beliefs and values.
Typically, it highlights guiding principles and values, specifies
selection, jurisdiction and authority of political leaders and community
members and protects individuals' rights and freedoms (Alcantara
and Whitfield 2010). While Alcantara and Whitfield (2010) propose that
Indigenous constitutions also represent an attempt to reconcile distinct
legal traditions and constitutional orders of Indigenous and settler
societies, Ladner (2005) and Borrows (2010) assert that Indigenous and
non-Indigenous constitutions embody fundamentally different assumptions
about authority, history, customs, rights and responsibilities and that
Indigenous constitutions encompass a multitude of "oral
documents" in addition to written ones.
Constitutions are typically developed through considerable
engagement with the community and are subject to a ratification process.
While it may not necessarily speak specifically to economic development,
a constitution will influence how it occurs. Cameron (1990) suggests
that the best way to ensure that an Indigenous EDC remains accountable
to the community is to establish it through the community's
constitution or charter because this would require support of the
community when deciding to establish or dissolve the corporation.
Interviewee 2: "Some communities are thinking of having a
business statement or legal charter that is built into articles of the
constitution. So that both sides, governing and business, know they are
moving in the same direction.
Six examples of constitutions were identified during the document
review, all of which clearly established the authorities of their
respective First Nation governments as well as their responsibilities to
remain accountable to community members, in part through general
assemblies held at least once per year.
The Constitution of the Tla'amin Nation (2009), for example,
states that the Tla'amin Government, Tla'amin Public
Institutions and their officials will "be accountable to the
Tla'amin Nation." Among its accountability measures, the
Constitution specifies that "the Tla'amin Government will
establish a process for consultation with Tla'amin Citizens on
issues that may impact on the collective interests and rights of
Tla'amin Citizens, including [...] land use planning." Thus,
land and resource decisions require input from and accountability to
community members.
The Constitution of the Haida Nation establishes accountability to
community members somewhat differently. This Constitution specifies that
the Council of the Haida Nation "will develop and enact policies
pursuant to legislation adopted at the House of Assembly and in
accordance with this Constitution" (Council of the Haida Nation
2014). Since any Haida Citizen may propose and vote on policy
legislation during a House of Assembly and any resolutions and motions
at the House of Assembly that are supported by at least three-quarters
of voting Citizens are deemed valid under the Constitution (Council of
the Haida Nation 2014), the Council of the Haida Nation is directly
accountable to its Citizens.
While the Constitution of the Uchucklesaht Tribe (2011) also
requires the Uchucklesaht Council, as political leaders, to consult with
community members on important issues, its Constitution has vested
greater power in the Council than the previous two examples. The
Constitution states that "The Uchucklesaht Council shall consider
all resolutions passed by the Uchucklesaht People's Assembly"
(Uchucklesaht Tribe 2011). Thus, the Uchucklesaht Council may exercise
greater discretion in its decisions than the Council of the Haida
Nation, which receives its mandate directly from Haida Citizens.
Legislation
Legislation can also formalize rules for economic development.
Communities that have established self-government or modern treaty
agreements may develop their own legislation to govern resource
management activities within their territory (e.g., Nisga'a Lisims
Government; Toquaht Nation), can make laws and these laws take
precedence over those of other levels of government (Quesnel 2012).
One interviewee described the role of self-governance in Indigenous
communities' ability to use this mechanism.
Interviewee 2: "They are not like other governments [...] that
set up their own governing bodies that are tied back to legislation.
First Nations don't have that under the Indian Act and
self-governing ones are still struggling with this."
Creating legislation can enable the community to establish limits
for acceptable economic development while allowing Indigenous
community-owned and private businesses to be developed independent of
political influence.
Document analysis identified twelve examples of legislation used by
five Indigenous communities to govern lands, resources and economic
development. All of these communities had established constitutions to
which the legislation referred, noting that legislation must remain in
accordance with the community's constitution, thereby adhering to
systems of accountability outlined therein. These documents frequently
emphasized Indigenous communities' connection to land and
stewardship responsibility as well as social, cultural and economic
objectives. Legislation served one of two purposes: to delegate
decision-making authority or to establish land designations and
permitted activities. The Toquaht Nation Economic Development Act aims
to achieve the former, while the Westbank First Nation Land Use Lazo and
Community Plan Law are geared toward the latter (Westbank First Nation
2007, 2010a).
The Toquaht Nation Economic Development Act (Toquaht Nation 2012)
focuses specifically on responsibilities of individuals "who carry
out economic development on behalf of the Toquaht Nation or on Toquaht
lands" to maintain accountability. The Act articulates a mission
and values for economic development and specifies that Toquaht
businesses will "operate profitably" and "free from
political interference" and "be held accountable to their
owners, the Toquaht Nation" (Toquaht Nation 2012). Toquaht Nation
political leaders remain responsible for overseeing economic development
with input from an economic development committee that is comprised
predominantly of non-political appointees (Toquaht Nation 2012). An
economic development officer is responsible for communicating with
political leaders and the community, through the People's Assembly,
upon request by the economic development committee (Toquaht Nation
2012).
The Westbank First Nation Land Use Law and Community Plan Law, on
the other hand, enact the community's Land Use Plan and Community
Plan, respectively, including zones, designations and permitted
activities (Westbank First Nation 2007, 2010a). Both laws maintain
accountability of political leaders to the community by establishing
periodic review of the Community Plan through community consultation and
voting of community members on amendments to both the Land Use Plan and
Community Plan (Westbank First Nation 2010b).
Memoranda of understanding, charters, terms of reference
Other options to allocate powers and authority and define
respective roles include memorandums of understanding (MoU), corporate
charters and terms of reference. In some cases, these arrangements may
be legally binding; in others, they are less formal. An MoU may take
many forms such as a Protocol Agreement, Letter of Expectations or other
document that stipulates the authority of two or more levels of
decision-making (e.g., Council of the Haida Nation and HaiCo 2011).
Interviewee 5: "What it does is it tries to lay out: what are
our rules of engagement? And the purposes of ours are to foster an
effective working relationship [...] and set out a clear division of
roles and responsibilities and the parties, the company and the
shareholders, respect each other."
For example, the agreement may recognize and acknowledge the role
of the board of directors to manage economic development of resources
within the traditional territory for the benefit of the community (e.g.,
Council of the Haida Nation and HaiCo 2011; Ahousaht Hawiih First Nation
2013). It may also specify conditions for that authority, such as the
need to make decisions in a way that is open, transparent, equitable and
accountable to all community members. A corporate or business charter,
established between political leaders and the board of directors or the
board or directors and business managers, may specify the objectives,
roles and responsibilities of each level of decision-making and
expectations regarding communications between these levels (e.g.,
Mistawasis First Nation 2011). It may also specify the composition of
the board of directors, qualifications and selection process for
directors, duration of terms in office, roles and remuneration,
frequency and content of reporting by the board of directors to the
political leaders and limitations on influence of political leaders over
decisions by the board of directors (e.g., Union of Ontario Indians
2008).
Document analysis identified ten examples of these types of
mechanisms used by seven Indigenous communities. Documents variously
addressed expectations at each of the levels of decision-making,
including political leaders, boards of directors and business managers,
and provided clarification regarding purpose, composition, structure,
authority, conduct and reporting requirements at each level to maintain
accountability.
The Nak'azdli Terms of Reference for Chief and Council
(Nak'azdli Nation 2005), for example, includes an explanation of
the purpose of the document, citing a "lack of existing written
policy, which made it difficult for new band Council members to step
into their respective roles." Thus, in the case of the
Nak'azdli First Nation, this document helps to clarify expectations
and accountability by outlining responsibilities and rules of conduct
and establishing that "assets of the First Nation belong to members
collectively" and "they must be considered as
'owners' or 'shareholders'" (Nak'azdli
Nation 2005).
The Protocol Agreement between Ahousaht Hawiih and Ahousaht Elected
Chief and Council (Ahousaht Hawiih First Nation 2013) refers to the
guiding principles of Ahousaht sovereignty, using both Nuu-chah-nulth
and English languages, and asserts that the Maaqutusiis Stewardship
Hahoulthee Society will "manage economic development of all
resources within the Hahoulthee [traditional territory] of the Hawiih
[Hereditary Chiefs] for the benefit of the Ahousaht Muschim [community
members]" in a manner that is "accountable to all
Ahousaht" (Ahousaht First Nation 2013). Thus, while the agreement
was made between hereditary and elected political leaders, ultimate
accountability remains to the community
Reporting requirements, in particular, are emphasized as
establishing a chain of accountability for decision-makers. The Westbank
First Nation Economic Development Commission Charter (Westbank First
Nation 2016), for example, specifies that the economic development
committee will "report every three (3) months to Council and at
least annually to the WFN Membership on its activities," thereby
establishing accountability to both political leaders and to the
community. Similarly, the Haida Accord (Council of the Haida Nation
2013), which was signed by all hereditary and elected leaders of the
Haida Nation, commits these leaders "To be accountable to the
people by presenting factual reports and full financial disclosure on
all programs and services within the Nation."
Visions
While the preceding mechanisms emphasize the roles and
responsibilities of various actors, an integral part of successful
economic development is identifying its purpose.
Developing a vision at the community level for economic development
can be a useful starting point for effective engagement in
decision-making (NCFNG 2012). Recognising that effective governance
begins with the people (NCFNG 2009), visioning processes are typically
initiated by political leaders, supported by others from within the
community. Community members shape the vision that then guides the work
in which communities and their organizations engage (NCFNG 2009). The
vision itself charts the course from where the community is to where it
wants to be, is relevant to present and future generations and is
typically accompanied by a mission statement that describes what broad
actions the community will take (Union of Ontario Indians 2008).
Two interviewees emphasized the importance of a visioning process
for ensuring that all levels of decision-making move together toward
shared goals.
Interviewee 3: "What goals are you trying to achieve? These
would be set by the chiefs as a function of their responsibility to act
on behalf of the Creator and the community."
Interviewee 2: "The people responsible for governing, do they
have the same overall vision as the business and how are they
communicating back to the constituents? How does the vision get
disseminated on the First Nation government side and on the corporate
side?"
Vision statements included in the document review articulated an
overarching direction and intent for decisions and emphasized three
aspects: economic development, with linkages to self-sufficiency and
equality; ways of being, often stated with reference to traditional
cultural values; and well-being, often with references to equality and
unity.
The Stswecem'c Xgat'tem First Nation vision statement,
for example, touches on all three of these aspects.
"Stswecem'c Xgat'tem is an economically and
politically self-sustaining Secwepemc community living our Secwepemc
culture, language, and traditions in a healthy and safe
environment." (Stswecem'c Xgat'tem website)
Halfway River Group, an EDC, focuses on economic development and
traditional values in its vision.
"Traditional values of respect, community and partnership,
combined with innovation, performance and pride are deeply rooted in the
Halfway River Group." (Halfway River Group website)
Others, such as the Council of the Haida Nation (2005), use words
from their language to articulate these values, accompanied a
description of their meaning in English. Guiding principles were used by
Ahousaht First Nation (Ahousaht First Nation website) and Heiltsuk
Economic Development Corporation (HEDC website) to clarify how the
vision and values were to be operationalized by individuals in the
context of economic development.
Strategic plans
Strategic plans are often developed by communities to identify
goals that align with their vision and objectives. A plan may exist in
the form of a strategic or economic plan, blueprint, land or resource
policy or other document (e.g., Union of Ontario Indians 2008; Grand
Council of the Cree 2010; Brian Payer & Associates 2015) and can
help to coordinate and integrate activities across multiple industry
sectors and businesses to meet community needs, while ensuring cultural
uses of lands are preserved.
Strategic plans and goals can become the basis for establishing and
operating a community-owned business. These goals can have specific
economic objectives (e.g., diversifying in the face of competition,
providing economic independence for the community) (Grant and Taylor
2007) or be culturally specific (e.g., stewardship of the land and its
cultural values, protecting certain resources) (Booth and Skelton 2011;
Nikolakis and Nelson 2015). The strategic plan provides a way of
defining and communicating these goals to business managers, who are
then held accountable to these goals (Grant and Taylor 2007).
An EDC Board may develop a strategic plan or an economic
development plan that outlines the vision, mission and role of the EDC
and describes an approach to achieve the strategic goals of the
community (e.g. Westbank First Nation 2010b; Haida Enterprise
Corporation 2011). Plans typically require review, approval and
endorsement by political leaders. The plan may include a set of
measurable indicators associated with each goal that can be used to
monitor performance over time and provide progress updates to political
leaders and the community (e.g., Haida Enterprise Corporation 2014).
One interviewee outlined the role of the strategic plan.
Interviewee 5: "The strategic plan lays out broad goals; goals
are things that you can work towards. The strategic plan also contains
the corporate charter, like your vision, your mandate, your core values,
this is what we need to consider as we think about our strategic
direction, and it will often contain a section on monitoring, a broad
section on how we're going to monitor our progress."
Document review identified nineteen examples of strategic plans
used by thirteen Indigenous communities to hold political leaders, the
EDC Board and business leaders accountable based on a set of strategic
goals and objectives outlined.
Haida Enterprise Corporation (HaiCo), an EDC owned by the Council
of the Haida Nation, references the importance of accountability in its
2011-2016 Strategic Plan (Haida Enterprise Corporation 2011). The Plan
outlines the intent of the document "to clarify the mandate and
provide the framework and general direction of the enterprise"
(Haida Enterprise Corporation 2011). The mandate itself specifies that
"HaiCo will conduct its operations and businesses within the bounds
of approved Strategic and Business plans" and "otherwise seek
further approval of the [Haida Nation as] Shareholder" (Haida
Enterprise Corporation 2011). The Plan required approval from members of
the Haida Nation during the annual House of Assembly, which is a
gathering open to all Haida Citizens, their spouses and invited guests
(Council of the Haida Nation website). To maintain accountability to the
community, HaiCo must not only obtain Haida Citizens' input and
approval on its long-term goals but also undertake progress reporting,
including annual reporting during the House of Assembly.
The Skeetchestn Indian Band Comprehensive Community Plan (2015)
establishes a similar expectation for community engagement and defines
accountability in terms of the Skeetchestn cultural values of
knucwentwecw, "The Secwepemc concept and practice of helping each
other," and yecxvmenstswecw, "The Secwepemc concept and
practice of looking out or caring for each other." Together, these
values create a responsibility for reciprocal accountability in which
all Secwepemc are accountable to each other (Skeetchestn Indian Band
2015). The Plan establishes that all planning and implementation will
proceed in accordance with these values.
Land use plans
Indigenous communities may develop land use plans to provide
strategic direction for development in their traditional territories,
for example, outlining how they should proceed with and respond to
external proponents of resource development projects (Donovan &
Company 2008). A land use plan may be developed to guide decisions about
the timing, extent and location of permitted activities and protected
areas within a community's traditional territory based on its
vision and strategic plan (e.g., Heiltsuk Nation 2006; Aboriginal Forest
Industries Council 2010). Community forums and planning can help to
determine the core values that underpin a land use plan (Aboriginal
Forest Industries Council 2010). Importantly, the plan can also help to
document and communicate with businesses regarding areas of ecological,
spiritual and/or cultural importance and provide greater clarity and
certainty regarding the types and locations of development that the
community feels are desirable and acceptable within its traditional
territory (Ecotrust 2009).
Interviewee 3: "Community input [is] a form of accountability
for business. Business leadership can then operationally decide what
they can or cannot do on the land."
Five land use plans, each used by a different Indigenous community,
were identified during the document analysis. All of the plans
emphasized linkages between land use, cultural values and stewardship;
however, only one of the plans, the Tla'amin Land Use Plan,
explicitly referenced accountability. Other land use plans, such as the
Nak'azdli Nation Stewardship Policy, tended to focus more on
technical and operational information than on governance aspects.
The Tla'amin Land Use Plan (Tla'amin Nation 2010)
references the Tla'amin word for accountability, Yeeqotltlet, and
provides an operational definition in the context of the Plan.
"Regular and relevant reporting will be made throughout the
process to elected leaders and community members with responsibility at
the forefront of planning." (Tla'amin Nation 2010)
The Plan goes on to describe the governance model that has been
adopted by the Tla'amin Nation, which is based on the traditional
longhouse design and places the Tla'amin people "at the top in
the rafters as a reminder that we are here for our people above all
else" (Tla'amin Nation 2010). The Plan includes an Uhmsnah
jehjeum, or forest management, land use designation, associated
objectives to support both sustainable forestry as well as traditional
and cultural uses of Tla'amin forest lands and a map delineating
the land use zoning districts (Tla'amin Nation 2010).
The Nak'azdli Nation Stewardship Policy (Nak'azdli Nation
2015) focuses on delimiting areas in which consultation is required
prior to resource development by external third parties, while the
Skeetchestn Indian Band Economic Zone Land Use Plan (Urban Systems 2016)
was developed to establish preferred land uses for individual areas as
agreed to by Chief and Council and the community. This suggests that
land use plans are most commonly used to clarify expectations of the
community regarding land use and delimit areas by land use zone.
Progress reporting
Progress reporting receives less attention in the peer-reviewed
literature but several interviewees described its importance between
levels of decision-making, including community newsletters or
newspapers, Board Chair reports or CEO reports. Progress reporting
supports reflection and ongoing review of activities at all levels to
ensure that they remain relevant and aligned to the vision and can be
adjusted accordingly (NCFNG 2009). Performance monitoring, reporting and
communication using indicators that measure outcomes associated with
community values can help to maintain confidence between levels of
decision-making and minimize suspicion and public criticism (NCFNG
2009). For example, business managers may provide monthly, bi-monthly or
quarterly performance reports to the board of directors and even to the
broader community using indicators such as area harvested, profit,
reinvestment in the community, number of jobs created for community
members, number of community members trained and number and area of
culturally important sites protected.
Interviewee 7: "We have other cases where there are [...]
regular reporting schedules, so that the Board is reporting to Council
on a regular basis, [...] it could be quarterly or it could be twice a
year, [...] where they're basically saying to Council, 'You
asked us to go off and do x, and here's how we've done against
that objective.'"
One interviewee emphasized that finding the right measurables is
essential for communicating with other levels of decision-making and
generating support.
Interviewee 4: "In order to report, you need to have
measurables [...] How do you measure against your own values and
objectives? How do we measure and bring information back to our own
people? [...] I sit on many different boards and we are able to develop
transparent and clear financial statements every month and these are
consistent every month and we make it easy for [political leaders] to
bring that info back to the community."
Thus, a key aspect of progress reporting is providing information
in a way that is meaningful to the intended audience, whether it is the
community, political leaders, the board of directors or business
managers. Otherwise, lack of language proficiency and formal education
can become barriers to some individuals and prevent them from fully
understanding and engaging with the information they are provided (NCFNG
2009).
Progress reporting was one of the most widely-used mechanisms to
support accountability identified during the document analysis:
twenty-eight forms of reporting were used by fourteen Indigenous
communities.
The Council of the Haida Nation, for example, is required under its
Constitution to "keep the Citizens of the Haida Nation fully
informed" (Council of the Haida Nation 2014) and produces publicly
available progress reports at all levels including a community
newsletter, corporate progress report and quarterly reports from the
chair of the board of directors, chief executive officer and general
manager.
In its Community Economic Development Plan, Westbank First Nation
(2010b) explicitly commits to "accountability in governance through
open and consistent communication with the Membership" in the form
of "regular membership meetings, a community newsletter, quarterly
reports" and other mediums of communication.
Discussion and conclusions
The seven formal mechanisms to maintain accountability that were
identified during this study achieve the objective in different ways.
All interviewees confirmed the importance of formal mechanisms for
maintaining accountability by ensuring that businesses were perceived as
generating benefits for the community and not only for the business and
its employees. Many interviewees noted that, without such a connection,
community members were less likely to view forestry operations
favourably.
Overarching documents, such as constitutions, visions and some MoUs
and charters, tended to offer commitments, declarations and high-level
guidance upon which other, more specific mechanisms can be developed.
These mechanisms serve to broadly orient individuals at two or more
levels in the same general direction, often emphasizing cultural values
and principles to establish norms of behaviour.
More specific operational and technical documents, such as
legislation, land use plans, strategic plans as well as other MoUs,
charters and Terms of Reference, tended to offer frameworks, establish
authorities and responsibilities for one or more levels of
decision-making and provide clarification and guidance to
decision-makers. These mechanisms were more geared toward providing
clear rules and outlining expectations of decision-makers.
While these overarching and specific documents establish systems of
accountability, progress reporting was emphasized as a critical
mechanism for delivering on accountability. Reporting to Indigenous
community members, either regularly or upon request, and in either
verbal or written form, was noted to be an important element of
accountability across all other types of formal mechanisms. Written
progress reports were most common in our document analysis, but we also
found other examples of progress reporting at all levels of
decision-making.
One important aspect that was identified by all interviewees was
the need for community engagement and input into development of formal
mechanisms to ensure they meet the needs of the community. Based on
document analysis alone, it was not possible to determine the level of
community engagement in developing the formal mechanisms included in
this study. For example, several overarching visions for forestry
businesses were identified; however, it was unclear from the documents
how these visions were developed.
While existing literature emphasizes the importance of separating
business from politics to support successful Indigenous economic
development and the supporting role of EDCs, too much emphasis on
separation can be detrimental. This article examines formal
institutional mechanisms to maintain accountability between levels of
governance in the context of Indigenous economic development
corporations (EDCs), with a focus on Indigenous community-owned forestry
business in the B.C., Canada. Published, peer-reviewed literature on
corporate governance of social enterprises (SEs) provided a starting
point for this exploration. As with other SEs, Indigenous
community-owned forestry businesses must remain accountable to their
stakeholders who are, in this case, Indigenous community members.
Maintaining accountability can help to reduce the risk of multiple or
conflicting objectives leading to mission drift, which can otherwise
lead to loss of community support for a forestry business or even
conflict between Indigenous community members and individuals at other
levels of governance (Booth and Skelton 2011).
This study identified seven formal mechanisms that are used to
maintain accountability between four levels of decision-making in the
context of Indigenous EDCs: Indigenous communities, political leaders, a
board of directors and business managers. Of the seven mechanisms
identified, visions, strategic plans and progress reporting were the
most commonly associated Indigenous community-owned forestry businesses
in B.C. Those prescribing rules or roles (e.g., constitutions,
legislation, charters) were less commonly used.
While this article focuses on formal mechanisms, informal
mechanisms such as social and cultural norms are also important and
require further exploration, particularly given oral traditions of many
Indigenous communities (Tonkin 1992; Hulan and Eigenbrod 2008). Further
research could investigate informal ways of improving accountability
between levels of decision-making involved in Indigenous EDCs, how these
could support or substitute for formal mechanisms (Martin 2003) and to
what extent institutional developments related to political and economic
accountability can support one another, particularly in the context of
Indigenous communities pursuing self-governance.
Indigenous EDCs also provide a place to further explore important
research questions related to SEs, such as how to manage for multiple
values and resolve what may be conflicting objectives to prevent mission
drift. In addition, the diversity of Indigenous community-owned
businesses associated with EDCs, some which involve outside partners,
can offer insights into how different actors within SEs manage the
tensions associated with achieving multiple organizational goals
(Doherty, Haugh, and Lyon 2014).
Finally, a comparative analysis of the experiences of Indigenous
communities pursuing forest-based economic development in Canada, based
on the methods of Cornell and Kalt (1998), could provide helpful
insights regarding determinants of success. Further study on the ways
that values, paradigms and knowledge of Indigenous communities can be
incorporated into forest management policy is also needed as Canada
moves toward self-determination and economic success for Indigenous
Peoples.
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Ngaio Hotte is a PhD candidate in the Faculty of Forestry,
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in the Faculty of Forestry, University of British Columbia. Tim Hawkins
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This work was supported by the Social Sciences and Humanities Research
Council (SSHRC) of Canada. The authors also wish to thank eight
interviewees for making the time to share their expertise and experience
as well as three anonymous reviewers and the journal editor for their
constructive feedback that greatly improved this article.
Table 1. Interviewees and Their Characteristics
Interviewee Characteristics'
1 Indigenous, Academic, Canada--outside British Columbia, 60-70
2 Non-Indigenous, Consultant, Canada--British Columbia, 40-50
3 Indigenous, Consultant, Canada--British Columbia, 30-40
4 Indigenous, Indigenous community-owned forestry business,
Canada--British Columbia, 40-50
5 Indigenous, Indigenous community economic development
corporation, Canada--British Columbia, 60-70
6 Indigenous, Indigenous industry association, Canada--British
Columbia, 40-50
7 Non-Indigenous, Academic, U.S.A., 60-70
8 Indigenous, Indigenous industry association, Canada--outside
British Columbia, 40-50
(a) Note: Characteristics are given in the following order:
Indigenous or non-Indigenous (self-identified), employment, location
and age.
Table 2. Formal Mechanisms to Maintain Accountability between Levels of
Decision-Making for Indigenous Community-Owned Forestry Businesses by 36
First Nations in British Columbia
Number of First Number of
Type of mechanism Nations using examples
this mechanism identified
a) Frequency of different mechanisms
Decision-making rules & roles
Constitution 6 6
Legislation 5 12
MOU, charter, TOR 7 10
Strategic direction and reporting
Vision, mission 27 30
Strategic plan 14 19
Land use plan 5 5
Progress reporting 14 28
b) Prevalence of multiple mechanisms used by a single First Nation
Number of First Nations using
6 types of mechanisms 2
5 types of mechanisms 1
4 types of mechanisms 2
3 types of mechanisms 7
2 types of mechanisms 8
1 type of mechanism 16
Most common pairs of mechanisms
Vision + Progress reporting 10
Vision + Strategic plan 8
Vision + Land use plan 3
Most common trios of mechanisms
Vision + Strategic plan + Progress 5
reporting
Constitution + Legislation + Strategic 3
plan
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