Indigenous Peoples, Data Sovereignty, and Self-Determination: Current Realities and Imperatives

(2020) 26 African Journal of Information Communication (AJIC), online: https://www.wits.ac.za/linkcentre/ajic/ajic-issue-26-2020/

Ottawa Faculty of Law Working Paper No. 2022-10

20 Pages Posted: 19 Feb 2022 Last revised: 6 Jan 2025

See all articles by Chidi Oguamanam

Chidi Oguamanam

University of Ottawa - Common Law Section; Department of Public and International Law, School of Law, University of Venda, South Africa

Wesley Pue

University of British Columbia (UBC), Faculty of Law

Date Written: June 01, 2020

Abstract

This study explores the current state and dynamics of the global Indigenous data sovereignty movement-the movement pressing for Indigenous peoples to have full control over the collection and governance of data relating to their lived realities. The article outlines the movement's place within the broader push for Indigenous self-determination; examines its links to big data, open data, intellectual property rights, and access and benefit-sharing; details a pioneering assertion of data sovereignty by Canada's First Nations; outlines relevant UN and international civil society processes; and examines the nascent movement in Africa. The study identifies a fundamental tension between the objectives of Indigenous data sovereignty and those of the open data movement, which does not directly cater for Indigenous peoples' full control over their data. The study also identifies the need for African Indigenous peoples to become more fully integrated into the global Indigenous data sovereignty movement.

Keywords: Indigenous peoples, data, data sovereignty, self-determination, decolonisation, research, data collection, big data, open data, open science, access and benefit sharing (ABS), intellectual property (IP), UN, UNDRIP, CARE principles, FAIR principles, international, CANZUS, Africa

JEL Classification: K23, K33, K39, N17, N21, N22, N27, N5, O00, O1, O10, O13, O14, 015, O17, O18, O2, O3, O30, O31, O32

Suggested Citation

Oguamanam, Chidi and Pue, Wesley, Indigenous Peoples, Data Sovereignty, and Self-Determination: Current Realities and Imperatives (June 01, 2020). (2020) 26 African Journal of Information Communication (AJIC), online: https://www.wits.ac.za/linkcentre/ajic/ajic-issue-26-2020/, Ottawa Faculty of Law Working Paper No. 2022-10, Available at SSRN: https://ssrn.com/abstract=3997383

Chidi Oguamanam (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

Department of Public and International Law, School of Law, University of Venda, South Africa ( email )

Wesley Pue

University of British Columbia (UBC), Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

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