ABSTRACT
Negotiated agreements now constitute a critical component of almost all encounters between Indigenous Peoples and the extractive industry in Australia and Canada and are rapidly becoming more important in the Global South. Negotiation of agreements constitutes a significant challenge for Indigenous Peoples given the inequalities in political and economic resources that typically exist between them and the large corporations that dominate the extractive industry. However, an equally important challenge involves ensuring that agreements are effectively implemented. If implementation fails, the potential benefits created by growing legal recognition of Indigenous rights will not be fully realized. Existing research shows that major problems of implementation have arisen with agreements in Australia and Canada. This chapter presents the results of research conducted with the active involvement of Indigenous parties to agreements (Ely Trust in Australia and the Matimekush Band Council in Canada). After a review of the literature on the challenge of public policy implementation, it further analyzes why implementation failure occurs, and what can be done during and after agreement negotiations to minimize it.
