A Matter of Governance, Rights and Inclusion.

 

Indigenous Peoples’ rights, including the rights to self-determination, lands, territories, and resources, languages, as well as the right to free, prior, and informed consent (FPIC), are well-established in international law. AI development, implementation and governance intersects directly with this. Upholding these rights in the AI context is essential to ensure that AI does not reproduce historical patterns of exclusion, marginalization, and appropriation. Indigenous Peoples have long advocated for data sovereignty – the right to own, control and govern their own data. In this regard, FPIC is fundamental to ensure that Indigenous Peoples have a say in how their data is used and shared, including through AI. This must be ensured by companies and developers that use Indigenous Peoples’ data, knowledge, or cultural heritage in AI systems. Decisions on the development and use of AI are currently led by powerful governments and major tech companies such as Microsoft, Google, and Amazon, with little or no representation of Indigenous Peoples. This exclusion raises serious concerns, including the lack of FPIC for the use of Indigenous data, knowledge, images, or identities in AI systems. The lack of meaningful participation in the development of AI regulations and ethical frameworks, whether in multilateral forums or private spaces led by the tech sector, can significantly undermine efforts that AI development respects and protects the rights of Indigenous Peoples. Global frameworks such as UNESCO’s Recommendation on the Ethics of Artificial Intelligence and the Global Digital Compact both emphasize the importance of inclusive governance of AI. Meaningful inclusion of Indigenous Peoples in the development, implementation and governance of AI is essential – as recommended by the UN Permanent Forum on Indigenous Issues in its 24th session. This is critical to ensure that its positive potential can be realized in line with the needs and wants of Indigenous Peoples themselves, without perpetuating or exacerbating inequities and harm. This also includes addressing the digital divide and barriers such as limited access to digital infrastructure, connectivity, and technical training, which continue to exclude many Indigenous Peoples from full participation in AI-related processes.