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INSIGHTS

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S OCIAL SCIENCE

Methods for assessing social and cultural losses


Compensation for damages can and should address social and cultural impacts
PHOTO: JASON FRANSON/THE CANADIAN PRESS/AP IMAGES

By Robin Gregory1,2,3, Philip Halteman4, both mitigation actions (to reduce adverse range of impacts, including not only eco-
Nicole Kaechele3,5, Terre Satterfield3 impacts) and compensation payments (to nomic and environmental effects but also
address remaining losses). Our collabora- the social, cultural, and psychological im-

R
ecent decades have seen a sharp rise tive experiences over several decades with pacts associated with an action.
in public discontent, activism, and Indigenous and non-Indigenous partners, There is a commonly held public percep-
court cases regarding how social and community members, and decision-mak- tion, supported by results of a national sur-
cultural consequences of past events ers in the United States and Canada have vey, that decisions made by public officials
(e.g., the Deepwater Horizon oil spill made clear the need to broaden the ana- about large projects often fail to adequately
in the United States) or on-going lyst’s toolkit and, in turn, the information account for many impacts that lack mon-
and proposed developments (e.g., the Trans that reaches decision-makers. This requires etary measures (1). We give particular at-
Mountain oil pipeline expansion in western assessment methods that link principles to tention to the distinction between tangible
Canada) are assessed. Such assessments practice and can aid community and state impacts such as changes in jobs, revenues,
of terrestrial or marine impacts influence decision-makers in determining the full or environmental emissions, which can be

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Wet’suwet’en Hereditary Chiefs who oppose the making. We collaborated with social science understanding of the nature, magnitude,
Coastal GasLink pipeline take part in a rally colleagues and both leaders and members and duration of losses experienced over the
in Smithers, British Columbia, Canada, in 2020. of many Indigenous communities (7) to de- period in question, which often spans sev-
velop a mixed-method approach for calcu- eral decades.
enumerated and monetized, and intangi- lating compensation payments for damages Helpful work has been done in related
ble impacts to cultural practices and sites, resulting from initiatives such as resource compensation contexts (e.g., the 1986 Exxon
social relations, or mental health, which, developments (e.g., open-pit mines), expro- Valdez and 2010 Deepwater Horizon oil
despite their importance, are not typically priation of lands (e.g., for industrial uses), spills) (12). However, in most cases, the iden-
measured in monetary terms. or environmental accidents (e.g., offshore tification of social and cultural values either
The goal of monetary compensation is oil spills). has focused on individual losses related
to provide a “fair” level of redress (i.e., to This approach uses techniques based in to economic and environmental services,
“make as whole as possible” the adverse ef- economic theory to quantify net losses over thereby missing many place-based commu-
fects of an action) consistent with the se- time that can sensibly be estimated in dol- nity relationships and governance systems,
verity, magnitude, and duration of losses lar terms. But where those techniques fall or was reported as part of a stand-alone
(2). When land has been developed in ir- short—because the impacts in question af- report whose findings were not integrated
reversible ways and thus full restitution is fect intangible values typically not thought into the summary quantitative analyses of
not possible, this goal is only aspirational about in terms of a monetary exchange—we impacts considered by decision-makers.
or symbolic: Monetary payments alone can- use methods based in multi-attribute utility In our work with Indigenous Nations, we
not fully offset losses experienced by an theory and decision analysis (8), Indigenous find that the different categories of loss are
affected community over many decades. methodologies (9), and behavioral decision often interwoven, reflecting the classifica-
Nevertheless, compensation can bring ad- research (10) to estimate relative dollar tions consistent with Indigenous knowl-
ditional funds to a community as well as amounts for net losses to intangible val- edge with respect to their land- or marine-

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provide public acknowledgment of certain ues. This combination of methods at least based economies. Although clarifying such
rights, experienced damages, and the trans- partially overcomes the ethical and practi- interconnected impacts can be challenging,
gressor’s fault (3). cal limits of the usual one-size-fits-all ap- some representation of discrete categories
Though the issues and approaches we proach that accommodates only like-for- (with community definitions and magni-
describe are applicable in many contexts, like (or, at best, like-for-proxy) comparisons tudes specific to each context) can aid in
we illustrate them below with a focus on and assessments. By contrast, we propose their understanding and analysis while
Indigenous communities, for whom the a mixed-method approach for assessing also serving to educate and communicate
neglect of social and cultural losses in as- social and cultural losses that acknowl- to non-Indigenous persons the nature and
sessments of compensation is of particular edges and preserves the distinctiveness of extent of experienced losses. Examples of
concern. This neglect also violates the 2007 tangible and intangible values and enables such multiple dimensions of impact include
United Nations Declaration on the Rights fair, robust, and transparent like-for-unlike livelihood (hunting, fishing, trapping, and
of Indigenous Peoples (UNDRIP), which comparisons when required by a specific le- harvesting of plants for household use and
affirmed the preexisting inherent rights gal or other context. nonmarket trade), cash economy (economic
of the more than 476 million Indigenous opportunities based in forestry, mining,
people around the world (4), including METHODOLOGICAL REQUIREMENTS fishing, trapping, or place-based tourism),
rights to compensation for loss or degrada- Every Indigenous community has its own social relations (relationships with family,
tion of lands, territories, and resources. Yet system of governance and legal orders, and the community, neighbors, and nonhuman
fulfilling this right is problematic, in part every classification of impacts will differ kin), and cultural knowledge (use of lan-
because of systemic racism and colonial- with respect to its nature, history, magni- guage, ceremonial practices, or knowledge
ism and in part because of shortcomings tude, severity, and time period. That said, transfer as foundations of cultural identity).
in methods used to identify, evaluate, and our experience suggests that the accuracy
seek redress for damages. These method- and defensibility of compensation efforts Recognize place-based relationships
ological failures exist despite the respon- that seek to recognize and help restore Members of many Indigenous Nations em-
sibility of assessments to be responsive to experienced intangible as well as tangible phasize relationships to places and people,
the welfare of all citizens and acknowledg- losses depends on seven key principles (11) including members living outside their Na-
ments by federal or regional governments (see the box). tion’s traditional territory. Lands and wa-
of the rights held by, and fiduciary duties ters are typically viewed as living sacred
owed to, Indigenous peoples. Identify multiple dimensions of impact entities, and the well-being of individuals
Although impact assessment methods A defensible valuation of net impacts over and the community rests on a mandate to
have become more inclusive over recent time (gains minus losses) must recognize protect ecosystem health and relations (13).
decades (5), many of the analytic advances and formally incorporate the multiple di- Adverse impacts that occur without the
have not yet been brought into quantitative mensions of valued qualities of life that community’s participation or free, prior,
assessments of payments for social, cultural, have been affected, including not only eco- and informed consent on this deep prior-
governance, and other intangible losses nomic, physical health, and environmental ity of place and stewardship can introduce
(6), thereby biasing recommendations for considerations but also impacts to cultural, enormous distress, diminishment of iden-
mitigation, compensation, and decision- nonphysical health, social, and governance tity, loss of cultural practices and knowl-
systems. Implementing this usually re- edge, or other negative effects that may
1
Decision Research, Eugene, OR, USA. 2Choiceworks Ltd., quires considerable time—dozens of in- persist over decades (14).
Halfmoon Bay, BC, Canada. 3Institute for Resources, terviews, multiple trips to sites, frequent The strength and centrality of place-
Environment and Sustainability, University of British Columbia, check-ins with community leadership, and based considerations is noted in many
Vancouver, BC, Canada. 4Compass Resource Management,
Vancouver, BC, Canada. 5RIO Project Management, Vancouver, extensive reviews of ethnographic and oral- Indigenous critiques of land management
BC, Canada. Email: robin.gregory@ires.ubc.ca historical records—to gain a comprehensive (15) and is also manifest across members of

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INSIGHTS | P O L I C Y F O RU M

non-Indigenous societies, including nity members and gathering infor-


small-scale fishers, foragers, farm- mation from external sources—with
ers, and recreationists. Although Methodological requirements respect to the proportion of losses
losses to these values are rarely in- Seven key principles can promote the accuracy and for each impact category eligible for
cluded as part of monetary assess- defensibility of efforts to assess both tangible and compensation. For example, fish-
ments of compensation, there are intangible losses. ing harvests may decrease after a
some promising examples, such as a Identify multiple dimensions of impact marine oil spill, but other factors,
recent project evaluation in British Though types of loss are often interwoven, such as temperature changes in the
Columbia that considered the need representation of the full range of losses as discrete estuary owing to climate change or
for mitigation to protect specific categories is required to aid in the understanding, overfishing by commercial fleets,
stands of trees because the stories analysis, and communication of impacts. may account for a proportion of the
and teachings associated with them, Recognize place-based relationships loss over time and thereby reduce
which are basic to cultural continu- Damages to lands and waters, often viewed as estimates of compensation relating
ity, cannot be told unless Elders and living sacred entities key to community relationships to the spill.
others are at the site where specific and well-being, can introduce enormous distress
events took place. and disruption. Consult multiple factual sources
Different sources of information
Respect community practices
Respect community practices may provide substantially different
Many changes in cultural and social practices are
Compensation assessments typi- factual results, and findings from
more accurately valued from a collective perspective
cally assume and aggregate the per- field or modeling efforts of non-
spectives of individuals and their because resources are shared and traded among Indigenous scientists may vary or
personal values. However, many community members. be at odds with the observations

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changes in cultural and social prac- Communicate uncertainties in compensation estimates of Indigenous leaders (15). In such
tices experienced by an Indigenous Uncertainties around data, calculations, and cases, dialogue and further inves-
community are more accurately judgments, including proportional attribution of tigation are essential, and often
valued from a collective perspective losses to different factors, should be made explicit involve asking the same validation
because stewardship is community- and ideally include a range of estimates. and reliability questions of the var-
based, with resources shared and Consult multiple factual sources ious sources. Decision-makers may
traded rather than transferred be- Information from different sources should be be placed in the position of having
tween individuals through market collected, evaluated, and subjected to the same to decide what information and
exchanges. For example, families questions about the confidence of an expert, the which sources they trust, choices
often engage in traditional hunting, basis for their judgments, and transparency in stating that, in our experience, should re-
fishing, or harvest activities based the limits of their knowledge. flect equally the confidence of a
on reciprocal family or clan rela- Account for shifts in impact severity over time
factual expert (either Indigenous
tions that do not involve cash pay- Assessments need to reflect that some losses in
or non-Indigenous), the basis on
ments. These systems of seasonal the past may still be responsible for impacts in the
which their judgment is made, and
rounds and trade often involve present, whereas others may have been ameliorated
their transparency in stating the
established seasonal movements; by recovery, mitigation, or adaptation.
limits of their knowledge.
Cree and Dene Elders, for example, Clarifying sources of informa-
describe groups of families going Clarify relative importance of impacts tion for the categories of loss also
to different camps over the course Analysts can work with community members helps to streamline the collection
of summer and fall. Losing this ac- to clarify (and potentially weight) the relative of factual information by focus-
cess can result in negative impacts importance of each impact category, yielding ratio- ing efforts on changes identified
to physical and mental health, in- like valuations for intangible impact categories. as both important and linked to
tergenerational knowledge trans- the development or event in ques-
mission, and social relations within tion. Although redress is typically
and among families—valuations that are Data quality is a common contributor to specific to a single cause, many Indigenous
typically omitted from quantitative assess- uncertainty because key sources of informa- communities have been subjected to ongo-
ments because their measurement in dollar tion about the social, cultural, health, and ing damages from several discrete but re-
terms is considered problematic. well-being consequences of impacts will be lated causes whose effects are cumulative.
either controversial (with different studies Information relating to this legacy needs
Communicate uncertainties in showing different results) or missing. For to be acknowledged as part of compensa-
compensation estimates example, this is often the case with respect tion negotiations because it implies that
Monetary compensation for past losses is to nonphysical health information; statis- even relatively short-term losses related to
based on both quantitative calculations, tics on hospital visits or fatalities related to a development could result in substantial
which in turn reflect the quality of best an accident or imposed project may easily harm to the extent that the community has
available data, and judgments based on be available but not information on stress, already suffered from long-term exposure to
logic and precedent. Both elements lead mental health, or relational effects. adverse impacts that jeopardized practices
to uncertainties in payment amounts that In addition, other aspects of society and essential to its survival.
need to be made explicit by documenting the environment are likely to have also
key sources of uncertainty and providing changed during the period over which im- Account for shifts in impact
summary low, high, and best-estimate re- pacts are assessed. This requires that judg- severity over time
sults that delineate a reasonable range of ments be made by analysts and their logic Quantitative calculations need to consider
compensation outcomes. clearly stated—after speaking with commu- that some losses experienced in the past—

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particularly acts of violence—may still POLICY IMPLICATIONS less-tangible social and cultural losses into
be responsible for considerable impacts Insights from social and natural scientists the formal compensation assessment frame-
in the present, whereas other losses may (1) and Indigenous-led critiques of assess- work by combining insights from economics,
have been ameliorated either by partial re- ment practices (3) are beginning to change decision analysis, Indigenous methodologies,
covery and mitigation of the impact or by the scope and focus of efforts to determine ecology, and anthropology. This across-disci-
adaptation over time on the part of com- fair levels of compensation for past and on- plines task is challenging, and the adoption
munity members. The well-documented going losses. Governments now recognize of social and cultural impact assessment
resilience of Indigenous communities im- that historical precedents and previous methods that more closely reflect the spirit
plies that some degree of recovery may judgments may not reflect present societal of current policies holds broader societal and
have occurred over the time period under standards of fairness and justice and may political implications with regard to society’s
consideration, at least with respect to some be incompatible with contemporary Indige- responsibility to compensate communities
impacts. Analyses of changes over time nous rights (e.g., as designated in UNDRIP). for experienced past (and, in many cases,
can be used to adjust annual or decadal Yet across multiple contexts of loss, ranging continuing) damages. Negotiations, politics,
calculations of present-value monetary from local (e.g., the traditional lands of a and power will always play a role. But pub-
payments (e.g., adjusted by the consumer single community) to global (e.g., compen- lic policies regarding compensation will be
price index) to enhance the precision sating for climate change impacts as part more defensible and their implications more
and defensibility of monetary compensa- of the Green Climate Fund), the challenge widely acceptable to the extent that impact
tion estimates. is for policy aspirations to be linked to and assessments rely on and reflect the results of
supported by the world of compensation sound and logically consistent analytic meth-
Assess relative importance of impacts methods, which continues to emphasize ods that address the full range of tangible
Absolute dollar amounts for tangible cat- tangible and economic net losses while and intangible losses. j
egories of loss can often be calculated using minimizing or ignoring the importance of

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REF ERENCES AND NOTES
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implementation: More reflections on the braiding of inter-
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8. R. T. Clemen, T. Reilly, Making Hard Decisions with
tangible, dollar-based categories. losses are considered to be incalculable. As DecisionTools (Cengage Learning, ed. 1, 2004).
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dard practice in decision analysis—can be biased, with the types and magnitude of Conversations, and Contexts (Univ. Toronto Press, 2009).
10. J. Payne, J. Bettman, M. Luce, in Measurement, Judgment
done in several ways (8). For example, as- payments for losses included in agreements and Decision Making, Handbook of Perception and
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value of category A is estimated to be $20 than a comprehensive identification of Satterfield, Ecol. Soc. 25, 4 (2020).
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means that the importance weight on each sustain their cultural identity and liveli-
category is used as a multiplier, where the hood. The failure to adopt methods that fa- ACKNOWL EDGMENTS
sum across all categories thus equals the to- cilitate inclusion of the full range and mag- The authors thank members and leaders of the many
Indigenous and non-Indigenous communities with whom they
tal value of losses eligible for compensation. nitude of impacts as part of compensation
have been privileged to work; their knowledge and willing-
Because the process is likely to be unfa- negotiations and court settlements is thus ness to share has been essential to the development and
miliar to participants and may be emotion- more damaging and the absence of proce- acceptance of this approach. The authors thank their many
ally or cognitively challenging, it is helpful dural fairness more egregious. research colleagues, both Indigenous (C. Brooks, M. Henare, P.
Kulchyski, R. Neckoway, and M. Roberts) and non-Indigenous
to discuss, reconcile, and potentially revise We recognize that determination of com- (S. McLachlan, L. Robertson, M. Harstone, T. McDaniels, W.
the relative weighting results with par- pensation awards, whether to Indigenous or Trousdale, and D. Boyd), for their contributions to the authors’
ticipants so that findings are accurate and non-Indigenous communities, involves and learning over the past two decades. Some of this work has
been produced in contexts where Indigenous partners opted
stable. We have found that communities of- reflects many factors: societal values, con- for independent assessments by the authors rather than
ten prefer impact weightings to occur with stitutional rights, legal precedents, political through explicit collaborations. The authors are grateful
a small representative group, for example, objectives, and both the directness and con- for support provided by the National Science Foundation’s
program in Decision, Risk and Management Sciences, under
hereditary and clan Chiefs, with the addi- sistency of the event and damage linkage. But grant nos. 1728807 and 0451259 to Decision Research.
tion of Elders and younger members where the methodological approaches discussed
this is considered to be appropriate. here show that much can be done to bring 10.1126/science.adi2206

SCIENCE science.org 4 AUGUST 2023 • VOL 381 ISSUE 6657 481


Methods for assessing social and cultural losses
Robin Gregory, Philip Halteman, Nicole Kaechele, and Terre Satterfield

Science, 381 (6657), .


DOI: 10.1126/science.adi2206

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https://www.science.org/doi/10.1126/science.adi2206

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