Credit : McCord Museum
Guiding principles of the Use Policy
Members of anicinabe communities shall have access to documents, data and information concerning them. They shall have the right to make recommendations and specific conditions concerning access to such documents, data or information, in particular to restrict access, if they deem appropriate or relevant where the latter contain sensitive data which could affect their current or future negotiation, or which could compromise the integrity of the community or individuals.
Minwashin considers it imperative to work together with the Anicinabe people and communities in achieving the objectives of the Nipakanatik project. This collaboration spans over the entire life cycle of the database, from its design to its administration. It is a recognition of the Anicinabe people's dignity and integrity, and their desire for self-determination in data governance.
Members of the anicinabe communities have the right to demand control over the management of documents and data created or received as part of the Nipakanatik project. They also have the right to demand control over the research conducted with these documents or data. This must first be agreed in writing between Minwashin and the community or community member concerned by the request for control. Such control shall not, however, be so unreasonable as to prevent access to information for research purposes where required unless there are compelling reasons for doing so.
Donors remain the owners of the documents they offer to Minwashin for inclusion in the Nipakanatik database. The organisation sees itself as a disseminator and a depositary of these documents in digital format and therefore does not exercise physical control over them. The Anicinabek have the right to use the information contained in Nipakanatik for the benefit of their community.
Indeed, Minwashin considers it important to make an inventory of the objects deposited in Nipakanatik so that the anicinabe communities interested in repatriating certain original objects or artefacts belonging to them can make a legal request for possession of these objects to the external institutions or third parties holding these objects. Minwashin cannot, however, intervene in any way, except to provide moral support to the communities that request it, in order not to harm or interfere with the said process.
Donors remain the owners of the documents they offer to Minwashin for inclusion in the Nipakanatik database. The organisation sees itself as a disseminator and a depositary of these documents in digital format and therefore does not exercise physical control over them. The Anicinabek have the right to use the information contained in Nipakanatik for the benefit of their community. Indeed, Minwashin considers it important to make an inventory of the objects deposited in Nipakanatik so that the anicinabe communities interested in repatriating certain original objects or artefacts belonging to them can make a legal request for possession of these objects to the external institutions or third parties holding these objects. Minwashin cannot, however, intervene in any way, except to provide moral support to the communities that request it, in order not to harm or interfere with the said process.
Minwashin and its collaborators are committed to giving back to the Anicinabe communities and individuals who share information with them. This reciprocity can be expressed through the enrichment of the data in the database and by improving Anicinabe people's access to their cultural heritage. Following the same principle, research using Nipakanatik documents or data should have a positive impact on the anicinabe communities.
GOALS AND OBJECTIVES
The objectives of this policy are as follows:
- to affirm and guarantee the anicinabe communities' control over their cultural heritage on the basis of their ancestral rights or indigenous rights in a context of judicial pluralism;
- to encourage and facilitate the protection, conservation and transmission of anicinabe cultural heritage;
- to ensure that the dissemination of anicinabe heritage takes place in a context that is respectful of the history, traditions and members of the anicinabe communities;
- to ensure ethical and respectful use and management of cultural heritage and information concerning anicinabe communities and individuals in accordance with their standards, values and principles;
- to support the dissemination and affirmation of the anicinabe identity;
- to improve Minwashin's decision-making processes and ensure the inclusion of people from the anicinabe communities in the sound management of Nipakanatik;
- to clarify the roles and responsibilities of the actors involved.
DOCUMENT DISSEMINATION AND ACCESS MANAGEMENT
Access to each document is controlled according to its cultural, legal or political importance for Anicinabe communities, and the agreement of the donors and those concerned by the document. On the basis of these criteria, the Knowledge Keepers Committee decides to assign an access restriction rule to a document.
Some documents may also be marked [Mediation]. Access to documents with this designation is open to anyone who requests it, provided they are presented and contextualized by a mediator concerned by their subject or content.
USE OF DOCUMENTS
GENERAL TERMS AND CONDITIONS
Minwashin does not permit the use of any material in a way that may damage the reputation, integrity or image rights of the anicinabe communities or its members. Nor does Minwashin endorse any outcome that violates anicinabe laws and rights with respect to the use, reproduction or dissemination of material contained in Nipakanatik.
USE FOR RESEARCH PURPOSES
A researcher who wishes to use a document from Nipakanatik for a research project must sign a written agreement with Minwashin; he/she must demonstrate that his/her use respects this policy's use terms and conditions. If the research is to be published or used publicly, the researcher must additionally ensure that the free and informed consent of identifiable persons appearing in the said document is provided to Nipakanatik where applicable. All references to information used in the Nipakanatik database must include the source of the reference to the said information.
Anyone doing research using a document from Nipakanatik must be rigorous in their scientific statements; he/she shall furthermore ensure that it is beneficial to the persons or communities involved in the research, or acknowledges the assistance of such persons or communities, in exchange for the information obtained, clearly indicating the source of the information and the persons who provided it, while respecting moral rights and intellectual property rights.
The use of a document, in whole or in part, by a person carrying out research work must respect the presentation made by the mediator, in applicable cases, and the general use terms and conditions. The source of the information presented must be identified, in addition to the mediator, in full respect of moral rights.
COPYRIGHTS AND IMAGE RIGHTS
Minwashin endeavours to respect copyrights and image rights, in accordance with the licenses granted by its partners and the conditions or restrictions, as the case may be, of the people who entrust their archives to Minwashin.
Minwashin invites those concerned who believe that the use or dissemination of a document on Nipakanatik infringes their rights, to contact the team at the following address: email@example.com.