Literature Review: Critical Minerals and Indigenous Rights Frameworks
The global acceleration of clean energy supply chains has established a complex jurisdictional friction between state-driven critical mineral security and Indigenous self-determination. Emerging policy architectures frequently attempt to legitimise or expedite mineral extraction on Indigenous lands under the rubric of public necessity and climate remediation [1]. However, fast-tracking mechanisms designed to bypass rigorous procedural stages inherently destabilise the foundational principle of free, prior, and informed consent [2]. When statutory processes truncate review horizons and community consultation, the resulting agreements tend to subordinate territorial rights to macro-economic development imperatives [2]. Furthermore, institutional design plays a decisive role in determining whether local communities experience tangible socio-economic benefits or endure negative external burdens [3]. Fiscal arrangements that diminish regional revenue allocations undermine the foundational social licence needed for enduring resource co-management [3]. Consequently, genuine partnership governance requires legal structures that move beyond procedural consultation to embed shared decision-making authority within statutory development frameworks.