Data Sovereignty Treaty

Native Land Digital: Indigenous Data Sovereignty Treaty

Introduction: Native Land Digital is an Indigenous-led educational platform, as a non-profit organization NLD is entrusted with the stewardship of data from Indigenous communities worldwide. This data encompasses culturally sensitive information, and there are significant ethical and legal implications associated with its misuse or misappropriation.

Indigenous data refers to information or knowledge that originates from or pertains to Indigenous peoples and their environments, regardless of the data's current ownership or source. This includes both fixed and intangible data, digital or digitizable forms, as well as ancestral and traditional knowledge and intangible cultural heritage.

Native Land Digital acknowledges that Indigenous data possesses its own ecosystem and life force, with inherent rights.

As Native Land Digital evolves we are committed to upholding these principles and maintaining the authority and integrity of Indigenous data.

Principles and Actions:

1. Indigenous Data Sovereignty: Indigenous Data Sovereignty asserts the inherent rights and interests of Indigenous peoples in relation to the collection, ownership, access, and application of their data.

   1. Action 1: Affirm the principle that Indigenous data must be governed by Indigenous peoples, with full recognition of their rights and interests.

2. Affirming Indigenous Self-Determination through Data Sovereignty: Indigenous Data Sovereignty is a crucial mechanism for enabling self-determination and innovation among Indigenous communities.

   1. Action 2: Ensure the protection of Indigenous rights concerning data access, participation in data integration activities, and partnership in the governance or ownership of data. The treaty is foundational to this process.

3. Governance of Indigenous Data: Indigenous Data Sovereignty recognizes that data relating to Indigenous peoples should be subject to Indigenous governance structures.

   1. Action 3: Implement the following principles:

   2. Data for Governance: Indigenous knowledge systems as a living ecosystem. Use data to transform the lives of Indigenous peoples through access and application.

   3. Governance of Data: Establish governance and control mechanisms to ensure data is used appropriately, and is relevant and responsive to Indigenous communities. This treaty will be implemented to acknowledge NLD responsibilities by creating a subscription application aimed at securing the use of the API.

4. Legal Jurisdiction of Indigenous Data: Indigenous Data Sovereignty states that data is subject to the laws of the nation from which it is collected, with priority given to Indigenous governments and Tribal nations.

   1. Action 4: Uphold the principle that Indigenous data should be governed by the laws and customs of the Indigenous nations from which it originates. NLD commits to continued work opening up the platform for Indigenous communities to have autonomy over their data.

5. Indigenous-Generated Data: Data generated by Indigenous peoples, including the mapping of tribal territories, should be recognized as Indigenous property.

   1. Action 5: Ensure that data mapping tribal territories, including shapes, forms, and information, remains under Indigenous control.

6. OCAP® Principles: Native Land Digital commits to adhering to the OCAP® principles—Ownership, Control, Access, and Possession—in managing Indigenous data.

   1. Ownership: Indigenous communities collectively own their cultural knowledge and data. Ownership refers to the relationship between Indigenous peoples and their data, and it asserts that Indigenous groups have the right to own, protect, and control how this data is used.

   2. Control: Indigenous peoples have the right to control all aspects of their data, including creation, development, stewardship, analysis, dissemination, and infrastructure. This control extends to decision-making processes related to the use and sharing of data.

   3. Access: Indigenous communities must have access to their data, and they must also have the ability to make decisions about who else has access to their data. Access includes the ability to manage who can view, use, and distribute the data.

   4. Possession: While ownership of data refers to the relationship with the data, possession refers to the physical control over the data. Possession is an important aspect of data stewardship, ensuring that Indigenous communities maintain control over their information.