That's a good question. I think free, prior and informed consent should be the initiating process.
We as Haudenosaunee people have always said that the band council are service providers and they do not have a right to negotiate on land. Any negotiations on land should come to the traditional Haudenosaunee people, a government that existed before European arrival. Under the Iroquois Confederacy's Great Law of Peace, known as Gayanashagowa, indigenous women are the title holders to the land, and I know that in other communities there are similar constitutions.
We have a human rights-based approach under our traditional laws, and continuing to evolve into new forms of colonialism is not the answer. We could do at least the bare bones of free, prior and informed consent through having consultations, real consultations, and not just going through the motions of talking to an empty room or picking up the phone to the band council and asking whether or not they give permission. They need to be held accountable too, as another level of government.
Under the Indian Act, they have not been responsible, so that creates that “divide and conquer” mentality and the coercive ways for developers to get their way. That leaves us more vulnerable as indigenous women. It disrespects the authority and the traditional roles that indigenous women play.
Indigenous women definitely have to be at the table for any kind of consultations but also in the process of free, prior and informed consent. Thank you.