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Module 3 Getting the Most Out of Leverage

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LeverageLeverage: strategic advantage or the power to act effectively. In negotiation, leverage is a measure of which side, at any given moment, has a greater ability to influence the other side. is the influence you can gain in a situation on account of something unusual you possess, like money, skill, authority, or location. If you know the value of this possession, you can use it like a crowbar, and open what might otherwise be closed to you.

As little as 40 years ago, the leverage of Aboriginal communities in decisions regarding their traditional territory in Canada was uniformly low. Although they relied heavily on these lands and waters, they had no say in who got permission to change and use them. Industry was able to extract and sell resources from traditional territories with little regard to the wishes, interests, or values of Aboriginal communities.

Since then the situation has been slowly changing. By means of political action and court cases, Aboriginal people in different parts of the country have been struggling to have their rights and title recognized. Consequently, the leverage of Aboriginal communities has progressively increased. The ability and experience of Aboriginal leaders in certain kinds of negotiation has also increased.
 

 

 

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Submitted by sjbjoat on Thu, 2010-08-05 09:21.

The Aboriginal Mining Guide focuses on Aboriginal rights and court decisions in Canada because they are the most relevant when you are trying to leverageLeverage: strategic advantage or the power to act effectively. In negotiation, leverage is a measure of which side, at any given moment, has a greater ability to influence the other side. opportunities from mining in this country. But several international covenants and conventions extend to all indigenous people, regardless of the laws that apply in the countries where they live.

International covenants and conventions are different from domestic law. They generally cannot be used to force companies or governments to act in certain ways. Nevertheless, they can still enable an Aboriginal group to gain bargaining power. Being knowledgeable of these international covenants and conventions can strengthen the community's case while it strives to meet its interests. The IBA Community Toolkit (http://www.ibacommunitytoolkit.ca) reviews the development of Indigenous Rights internationally as well as in Canada on pages 24–29.