First Nations Good Governance & Designing Self-Governments
Dec 4, 2019 Welcome
Opening Prayer
We gratefully acknowledge the opportunity to live, work and play on the unceded territories of the Coast Salish peoples, including the xʷməθkʷəyəm̓ (musqueam), sḵwxwú̱ 7mesh (squamish), səlil̓ w̓ətaʔɬ (tsleil-waututh) Nations.
Welcome – Laara Yaghujaanas, M.A., Carden Consulting
Ph: (604) 988-9500 Agenda Items
1. Opening Prayer, Territorial Acknowledgement & Welcome
2. Discussions regarding Good Leaders
3. What is Good Governance?
4. How can Good Governance be established or strengthened?
5. Designing Nation Governing Structures built upon traditional governing systems
6. Closing (Questions & Answers, Round Circle Closing Comments), Closing Prayer. Good Leaders
▪ Please take 5 minutes and think of one exceptional leader (at all levels) you know of (alive or passed on),
▪ Think of those characteristics that made them good leaders for you.
▪ Share a few examples with the group. What are the Characteristics of Good Governance? Good Governance Characteristics of Individual & Teams of Leaders
Accountable to their Citizens
Do what you say you are going to do
Accountability is a foundational principle of good Quar terly FIRS Re T NA po TION rt governance, and is realized primarily through clear efficient Date communication, and developing/strengthening systems that support ensuring detailed effective reporting on progress to realize the community's goals (CCP, Laws, Governance and Administrative Policies).
Good Governance: United Nations, Harvard Nation Building
6 Good Governance Characteristics of Individual & Teams of Leaders
Develop/Strengthen Systems that Engage Citizens Develop systems that engage citizens and their on-going participation in their government, including: voicing their needs/priorities, understanding decision-making (particularly for substantive decisions), and understanding where they can share feedback with leaders. Citizen engagement is critical to ensure that a government remains effective and relevant.
7 Good Governance Characteristics of Individual & Teams of Leaders
Follows the Rules of Law Revitalize traditional & customary laws (that ensure fairness, equality, etc.), and develop new laws with citizens, based upon their needs & interests. Adheres to other current legislation (provincial, federal), common law, & reduces risk.
8 Good Governance Characteristics of Individual & Teams of Leaders
Transparent Fair Decision Making Systems Develop and adhere to fair and transparent culturally relevant laws, policies & practices, including consensus decision-making systems. The goal of proactively establishing these laws, policies, practices and decision making systems is to ensure efficiency, fairness, and knowledge-based decision making.
9 Good Governance Characteristics of Individual & Teams of Leaders
Establishes and Use Performance Oriented Systems Develop and adhere to systems that ensure performance and progress to realize citizens goals, using a coaching/supportive learning approach with your Government team and monitoring agreed upon performance measures.
10 Good Governance Characteristics of Individual & Teams of Leaders
Responsiveness to the Evolving Needs of Citizens, & Future Generations through a Strategy based upon the needs and interests of citizens Responsiveness is realized through establishing systems that ensure community-based/citizen engaged, planning (CCP) that is responsibly implemented and reported upon regularly, and considers the long-term implications of actions.
11 Governments are Responsible for Citizens
Leadership roles and responsibilities should be focused primarily upon establishing, adhere to and supporting conformance with laws, policies and practices that realize your community's goals in five main areas (not delivering programs/services) and leaves a legacy for future genereations that contributes to:
1. Establishing an effective, accountable, ethical government (and core institutes of governance, e.g. DC, Health) upon a foundation of traditional laws and customs;
2. Developing the foundation required to grow their economy (establish a strategic DC, and create opportunities to grow small business/self sufficiency);
3. Building infrastructure (homes, roads, schools, etc.) that improves quality of life of its citizens and attracts businesses;
4. Ensuring public services are established (protection of citizens, health, education, etc.) that support health and well-being; and
5. Establishing revenue streams that support the long-term needs of the government (Taxation). Good Governance is the act of collaboratively establishing and adhering to the rules that coordinate a community’s’ actions, and development, to achieve their goals. Benefits of Good Governance
Good Governance is a robust and reliable system to make better quality and more timely ethical decisions. Good governance builds trust, respect, and ensures ethical decision making.
For leaders and employees benefits of good governance include:
▪ Improved consistency and quality of decision-making within the organization that improves employee satisfaction;
▪ Improves clarity and fair performance evaluations and accountability;
▪ Reduces stress, and stability; and
▪ Reduces conflict, risk, and supports a safe and healthy working environment. Benefits of Good Governance
For citizens the benefits of good governance include:
▪ Higher quality decisions (based upon member interests, knowledge based);
▪ Assured accountability (What is said will be done, actually gets done);
▪ Transparency and Fairness (Rules, process and criteria open for everyone to see);
▪ Increased organizational and community stability;
▪ Increased trust, credibility and legitimacy, membership pride, and citizen engagement;
▪ Reduced liability and conflict; and
▪ Improved social and economic development. How is Good Governance Established or Strengthened within a Nation? How is Good Governance Established or Strengthened within a Nation?
Good governance is established or strengthened through the purposeful design and development of governing systems (by-laws, policies, and practices) that enable the will of a community, or a nation to be realized.
The effectiveness of a community/nation’s governance correlates directly with the long- term improved social and economic outcomes for citizens. Good Governance Responsibilities and Limits within a Nation
Laws Policies Practices
Members
Responsibility 1. Governing Body
2. Senior Manager of Administration Accountability
3. Departments and Dept. Employees Levels of Policy within a Governing System within a Nation
• Nation or Board Good • Set direction and requirements for planning, Governance reporting/control measures
• Nation or Org Policies (e.g. Efficient HR/Finance) OperationsGrowth • Planning/Reporting
Considering all Considering parties all Efficient • Dept. Policies directly/indirectly affected directly/indirectly Departments • Planning/Reporting Organizational Development within a Nation
Organizational Performance Maturity Continuous Improvement Instilled Discipline (betterment of outcomes and Processes year after year) (Adherence & monitoring of all policies, and Organizational measuring/reporting of outcomes) Infrastructure (Development of governance, operations, and department policies Repeatable and procedures) Processes Initial Process (start of policy development & standards) Organizational Performance Organizational (individualized)
At the same time that we see improvements in performance there are also reductions in conflict and entropy. Disciplined Leadership Practices
By adhering to the rules and practices that are proactively established to ensure that a Government or Development Corporation is effective leaders practices establish good governance, in doing so:
▪ Council must maintain control, by using established performance measures (as control measures), together with the strategy, and policies. Council controls “all it must, not all it can”
▪ Council’s role is strategic, and must be disciplined to:
▪ Adhere to & ensure compliance with the established laws, by-laws, policies, procedures, and practices.
▪ Remain focused and advocate for citizens (using agreed upon issue resolution rules)when needed, and the community vision; and
▪ Report on progress of the community plan. Designing Nation Governments First Nation Government Design
Most First Nations in BC, and in Canada, are moving increasingly towards self-government, reacting to Federal Treaty and Reconciliation designed processes until 2015:
▪ Treaty is one path
▪ Reconciliation Agreements outside of the Treaty Process, supported by the Tsilhqot’in decision is another path
▪ Both require negotiating lands claims, and building governing systems. All agreements as of 2015 include funding (Financial Transfer Agreement or Fiscal Financing Agreement) to support the design of governing systems that support the on-going delivery of programs and services for citizens.
▪ Values and beliefs inform/support the formation of a governing system, which could be: Monarchy, Democracy (Direct Democracy & Representative Democracy, Democratic Socialism), Republic, Communism, Dictatorship. Governing Systems: Looking Back
Elders Advising Leaders
Leaders
Family Spokesperson/Leader Family Spokesperson/Leader Family Spokesperson/Leader ASSEMBLY PROCESS ASSEMBLY shared leadership systems 24 Governing Systems: INAC Imposed System
▪ 1869 INAC imposed governing hierarchical system not intended to support good governance, but as a tool to control
▪ Traditional Use: times of war/emergency
▪ Unsustainable
▪ New assembly process that undermined traditional leadership representative systems (family heads/hereditary chiefs, etc.) and capacity, eliminated feedback systems, and the role of women in decision- making, devastating matrilineal systems.
▪ If feedback systems are removed (particularly negative that informs required corrections) the system always goes divergent, chaotic, and breaks down. Importance of Feedback Systems to Govern Effectively
▪ When leaders listen to, and act only upon, feedback that it is consistent with their own views the governing system becomes ineffective, and breaks down. Lessons Learned in Governing Systems: Types of Governing Systems & Case Studies
If Good Governance is the act of collaboratively establishing and adhering to the rules that coordinate a community's actions, and development, to achieve their goals. To look at this further we are going to look at two questions:
▪ What types of governing systems have been developed?
▪ What should our governing systems that are built on our customary laws look like? Nation Governing System Examples
There are 3 models of self-government that First Nations have utilized:
▪ Public Government: This model is more like a provincial government or town government. In this model, a Nation has control over all the people who live in an area, not just members of that First Nation. This works best in an area where almost all the people are Aboriginal, such as in Canada’s northern territories. In the case of a public government, the government would take the place of, or merge with, the town or provincial government that already exists (e.g. Sechelt, which resulting in $54m compensation but no land settlement, and Nunavut Government). This model has been pursued by only 4 First Nations in Canada. Nation Governing System Examples
▪ Nation Government: A First Nation would have its own local government in which that Nation maximizes its jurisdiction over its land and communities.
▪ Only people who belong to the First Nation in question would be governed by the Nation Government. This comprehensive land claim with self-government model was the second phase of Treaty Development, and most commonly used one (26 First Nations) until 2015. Nation Governing System Examples
▪ In 2015, Modern Treaties (comprehensive) were developed to include funding that supports the operation of the Indigenous Government so it can effectively deliver programs and services to its members on an ongoing basis, as set out in a Financial Transfer Agreement or Fiscal Financing Agreement. Using this model there are now currently 50 First Nations in negotiations.
▪ Sectoral Self-Government Agreements: This model improves self-determination through assertions of jurisdiction over various sectoral areas (e.g. Education), which supports the organizational development of First Nations to assert Nation Government Agreements. Nisga’a Government Case Study
Wilp Si'ayuukhl Nisga’a (WSN) Nisga’a Lisims Council of Nisga’a Lisims Government Government Elders Executive
Gingolx Laxgalts’ap Officers Gitwinksihlkw Gitlaxt’aamiks Village Village of Village Village Government Government NLG Government Government
Prince Rupert Vancouver Terrace Port Edward Urban Local Urban Local Urban Local Tsawwassen First Nation Case Study
Chief & Tsawwassen Legislature (Governing Body)
Executive Council (of the Legislature)
Judicial Council (Law Making arm of the Executive)
Squiqel (Speaker, aka Chair of Meetings)
Advisory Council (Feedback from members to the Legislature) Maa-nulth First Nations Case Study
Hereditary Chiefs (future options for Governing System), through constitutions of each Nation Westbank Case Study
External Advisory Chief and Council (Planned)
Westbank Government Tla’amin Case Study
Legislature
Tla’amin Government Administration Tsilhqot’in Emerging Government Case Study
Women’s Council (New)
Tsilhqot’in National Government
ʔEsdilagh Tl’esqox Tl’etinqox Tŝi Xeni Yuneŝit’in Communities whose traditional matrilineal Deldel Gwet’in forms of governments were based upon similar community groupings Proactively Design Your Nation Governing System
Recognizing that all Modern Treaties include funds to support designing your governing system and to build capacity, what are you doing to purposefully design yours?
What role should Elders play? What were their roles in decision-making & law- making?
What role did/should women have? Who should be your leaders today? - What were/are their responsibilities? - Who makes decisions? laws? - What are their responsibilities (powers)? If your traditional system was matrilineal how - How do your values support ensuring did that affect property laws? How were laws good leaders? of the land effected? What impact is it having today? What should be considered for the future? Family Heads Hereditary Chiefs Siyem, etc. shared leadership systems (e.g. representative democracy) - What were your traditional systems of feedback/participation in your government? Good Governance is the act of collaboratively establishing and adhering to the rules that coordinate a community’s’ actions, and development, to achieve their goals. Closing
▪ Q & A
▪ Round Circle Closing Comments
▪ Closing Prayer
Laara Yaghujaanas, M.A., Carden Consulting
www.cardenconsulting.com
Ph: (604) 988-9500