GWICH’IN - INUVIALUIT SELF-GOVERNMENT AGREEMENT-IN-PRINCIPLE

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GWICH’IN AND INUVIALUIT SELF-GOVERNMENT AGREEMENT-IN-PRINCIPLE SIGNED

INUVIK, NWT ( April 16, 2003 ) - The Gwich’in and Inuvialuit Self-government Agreement-in-Principle (AIP) was signed today by Canada, the Gwich’in, the Inuvialuit and the Government of the Northwest Territories. The AIP paves the way for the start of more detailed negotiations to achieve a Final Self-Government Agreement.

“The negotiation of self-government for the Gwich’in and the Inuvialuit of the Beaufort-Delta builds on the land claim agreements,” said Fred Carmichael, President of the Gwich’in Tribal Council. “Self-government will return decision-making to the Beaufort-Delta Region. The Gwich’in, the Inuvialuit, and other Beaufort-Delta residents, will be able to draw from the past while looking toward the future”.

“This is an historic agreement for Aboriginal people in the Beaufort-Delta”, said Nellie Cournoyea, Chairperson and Chief Executive Officer of the Inuvialuit Regional Corporation. “With the fulfillment of this agreement, the Inuvialuit and the Gwich’in will once again become self-governing people, and will be able to protect, in law, those things that make us unique–our languages and our cultures. It’s about more than just protecting language and culture. It’s about reflecting our values and traditional ways of doing things into government decision-making.”

“This Agreement-in-Principle establishes a strong foundation for Canada’s future governance relationship with the Gwich’in and the Inuvialuit,” said the Honourable Robert D. Nault, Minister of Indian Affairs and Northern Development. “It is another example of the success of Canada’s Inherent Right Policy in focusing on practical ways of implementing the Inherent Right through workable self-government arrangements. I am confident that the quality of life of the Gwich’in and the Inuvialuit, in terms of economic and social, as well as political development, will be enhanced.”

“The people of the Beaufort-Delta have long lived and worked closely together, and have concentrated on results that would serve all residents. I want to commend all Parties for the hard work and dedication they have shown to bring us to this Agreement-in-Principle,” said Secretary of State for Children and Youth and Member of Parliament for the Western Arctic, the Honourable Ethel Blondin-Andrew.

“This is a proud day for everyone in the Northwest Territories as we celebrate the signing of this Agreement-in-Principle,” said the Honourable Jim Antoine, Minister of Aboriginal Affairs. “It is an important step toward the development of a final self-government agreement for the Beaufort Delta region and an encouraging step toward development of new forms of governance in the NWT.”

The AIP recognizes new law-making and administrative powers for new and restructured governments in the Beaufort-Delta region. It contains 29 chapters, covering areas where Beaufort-Delta governments would share or assume new responsibilities and authorities over a wide range of programs and services, including culture and language, education, out-of-school care, local government operations, training, health care, income support, child and family services and adoption, as well as other matters.

The AIP provides for the establishment of a new public government structure which will also provide guaranteed representation for Gwich’in and Inuvialuit. Eight public community governments would replace the existing municipal councils. There would also be one public regional government, the Beaufort-Delta Regional Government, to serve and represent all residents, with guaranteed representation for Gwich’in and Inuvialuit. There would also be a Gwich’in Government and an Inuvialuit Government at the regional level. Detail on the responsibilities of these governments and how they would interact is included in the attached backgrounder.

Approximately 7,100 people live in the Beaufort-Delta communities of Aklavik, Fort McPherson, Holman, Inuvik, Paulatuk, Sachs Harbour, Tsiigehtchic, and Tuktoyaktuk.

Gwich’in and Inuvialuit make up over 75 percent of the residents in the eight communities. The Gwich’in and the Inuvialuit have been undertaking self-government negotiations with the federal government and the territorial government under the Self-Government Process and Schedule Agreement signed in 1996, and the federal government’s Inherent Right of Self-Government Policy of 1995.

The Gwich’in and Inuvialuit Self-Government AIP is available on the Internet at:
www.selfgov.org
www.gov.nt.ca/MAA

Highlights of the AIP and Backgrounders on the Gwich’in and Inuvialuit self-government negotiations are also available on these websites and for public distribution.

For more information on this release, contact:

Gwich’in Tribal Council / Inuvialuit Corporation
Bob Simpson, Chief Negotiator
Lawrence Norbert, Gwich’in Negotiator
Vince Teddy, Inuvialuit Negotiator
Beaufort-Delta Self-Government Office
Tel: (867) 777-7940
Fax: (867) 777-7955

Government of the Northwest Territories
Julia Heyland
Communications Advisor
Ministry of Aboriginal Affairs
Tel: (867) 920-6989
Fax: (867) 873-0233

Government of Canada
Susan Beaumont
DIAND Communications
Tel: (867) 669-2578
Fax: (867) 669-2715

Frequently Asked Questions




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Preface

These Frequently Asked Questions, and the answers to the questions, relate to the Gwich'in and Inuvialuit Self-Government Agreement-in-Principle (AIP). The Agreement-in-Principle is not a final or legally binding document. It forms the basis for the negotiation of a final Self-Government Agreement. Some of the provisions in the AIP may be revised in the Final Agreement as a result of negotiations.

Q1. Why is self-government being negotiated in the Beaufort Delta?

A1. Aboriginal self-government is not a new idea. The Gwich'in and Inuvialuit assert that for thousands of years before Canada was formed they enjoyed their own governments, economies and societies. Negotiating self-government today is a way to provide Gwich'in and Inuvialuit with the tools to regain this self-reliance, to protect their languages and cultures, and to chart their own futures.

The Government of Canada and the Government of the Northwest Territories (GNWT) are committed to negotiating Aboriginal self-government in the Northwest Territories. Canada's negotiations of self-government are based on the Inherent Right of Self-Government Policy. The GNWT has prepared a vision document, Towards a Better Tomorrow, in which it sets out the reasons for the self-government initiatives it has taken. These documents are available to the public.

Canada is also negotiating self-government with a view to reaching an agreement as a result of a specific commitment made in the Gwich'in Comprehensive Land Claim Agreement; and a commitment in the Inuvialuit Final Agreement to treat the Inuvialuit no less favourably.

Q2. What is the Gwich'in and Inuvialuit Self-Government Agreement-in-Principle (AIP) and why is it significant?

A2. An AIP builds a foundation on which a Final Agreement will be negotiated. It contains the items of agreement among the Parties on most of the subjects under negotiation. An AIP is not constitutionally protected and does not contain binding legal obligations.

This AIP establishes a basis for a Final Agreement that will implement self-government for the Gwich'in and the Inuvialuit through public government. It is significant because it is the first stand-alone self-government AIP in the Northwest Territories.

Q3. What subjects are covered in the AIP?

A3. The AIP contains 29 chapters on many subjects including:


governing structures

culture and language

child and family services and adoption

health

social services

income support

education

training

local government operations

justice and policing
This AIP is particularly comprehensive and detailed. An important objective for negotiators in arriving at the AIP was to identify, in as much detail as possible, the proposed governments and jurisdictions and how they would work under a future self-government agreement.

Q4. What subjects remain to be negotiated before the Final Self-Government Agreement is concluded?

A4. During the next phase of negotiations leading to a Final Agreement, negotiators will address several subjects, including whether a Final Self-Government Agreement should be given constitutional protection; how the Beaufort-Delta region will prepare for self-government, through training and other capacity-building activities; and financial arrangements among the federal, territorial and Beaufort-Delta governments. Chapter 29 of the AIP lists outstanding subject matters to be negotiated.


Q5. How will a future self-government agreement provide better governance for the Gwich'in and the Inuvialuit?

A5. Under self-government, the Gwich'in and the Inuvialuit will acquire new governance arrangements and powers. They will be able to develop and approve the constitutions for their governments. Gwich'in and Inuvialuit will be able to make decisions in areas integral to their cultures and societies.

The AIP describes a Gwich'in Government and an Inuvialuit Government with responsibility for matters related to their membership, cultures, languages, and communities. The AIP also guarantees Gwich'in and Inuvialuit representation in new Beaufort-Delta public governments, to ensure their interests and cultures are reflected.


Q6. Will the Indian Act still apply under self-government?

A6. The Indian Act will still apply when it comes to determining who is a status Indian. No one will lose his or her Indian Status.

Exactly how the Indian Act will apply to the Gwich'in under self-government will be negotiated as part of the Final Self-Government Agreement. The Parties are planning for Canada, the GNWT and the new Gwich'in Government to have a modern government-to-government partnership, where each government has its own responsibilities. Through their new government, the Gwich'in will take on a different role in shaping their own lives and communities. The Chief Negotiators and the Chiefs of Gwich'in communities agreed to set up a Working Group to discuss various issues related to the Indian Act Bands in Gwich'in communities, during Final Agreement negotiations.

Q7. What will happen to Indian Act bands in Gwich'in communities?

A7. In the AIP, it is expected that the Band Councils currently existing under the Indian Act in Gwich'in communities would no longer exist under a self-government agreement. Indian Act Bands follow rules and answer to the Government of Canada for the day-to-day management of their affairs. With self-government, the Gwich'in would establish their own structure and governments that would be accountable to their own people.

It will be up to the Gwich'in to decide if and how they want to incorporate traditional community structures as part of their new governments. How this may happen still needs to be developed by the Gwich'in in their constitution.

The Chief Negotiators and the Chiefs of Gwich'in communities agreed to set up a Working Group to discuss various issues related to the Indian Act Bands in Gwich'in communities, during final agreement negotiations.

Q8. Under a Final Agreement, how would government in the Beaufort-Delta region change?

A8 Current government structures would change. Existing municipal councils would be replaced by community public governments with guaranteed Aboriginal representation. At the regional level, there would be an integrated system of governance with three new governments: a Beaufort-Delta Regional Public Government to serve and represent all residents; a Gwich'in Government to serve and represent Gwich'in; and an Inuvialuit Government to serve and represent Inuvialuit.

The Gwich'in and Inuvialuit Governments would have distinct jurisdictions, particularly in areas related to their cultures and languages.

In the AIP, it is expected that the Band Councils in Gwich'in communities that currently exist under the Indian Act would no longer exist under a self-government agreement. How this may happen still needs to be developed by the Gwich'in in their constitution.

Beaufort-Delta governments will be linked together to coordinate planning and decision making. These linkages are intended to streamline the governance system and improve its efficiency and accountability.

Q9. Are we creating new government structures that duplicate existing government structures in the Beaufort-Delta region?

A9. No. The Beaufort-Delta governance model will create three new governments at the regional level: a public Regional Government, a Gwich'in Government and an Inuvialuit Government. However, there would be a significant reduction in the total number of governing bodies at the community level - from the current eight municipal governments and four band councils to one public community government in each community to serve and represent all residents.

Q10. How will the proposed Beaufort-Delta governments work together, and with the Government of the Northwest Territories (GNWT) and the Government of Canada?

A10. Roles and responsibilities will be clearly defined. The AIP identifies which government has jurisdiction in each area, and sets out the relationship among governments. Governments will work together on areas such as setting standards for programs and services and fiscal arrangements. In some areas, Beaufort-Delta governments will share responsibility for programs and services with the territorial or federal government.

Beaufort-Delta governments will be linked together, with overlapping membership to coordinate planning and decision-making. They will be part of a system of governments that would include the GNWT and the Government of Canada, and would work in partnership with them.

The AIP includes a chapter on intergovernmental relations. The Inuvialuit, Gwich'in, GNWT and Canada will discuss principles that guide the relationship among governments and mechanisms that encourage effective intergovernmental relations.

Q11. How will non-Gwich'in and non- Inuvialuit residents be represented in Beaufort-Delta Public Governments?

A11. The proposed self-government model takes into account the unique characteristics of Beaufort-Delta communities, where Gwich'in, Inuvialuit, and non-Aboriginal people live together. It includes new and restructured public governments to serve and represent all residents in the region.

The AIP proposes the establishment of eight Beaufort-Delta Community Governments. In each of the community governments, all community residents will be able to nominate, run for, and vote for at least 50% of the community council seats, as well as the Chief Councillor. All voters will have the same number of total votes for community council candidates.

Under the AIP, the proposed regional government system would consist of a Beaufort-Delta Regional Public Government, with the Chief Regional Councillor directly elected by all Beaufort-Delta voters; one representative from each of the Gwich'in Government and the Inuvialuit Government; and the Chief Councillor from each of the Beaufort-Delta communities.

Q12 What are the expected benefits of a future self-government agreement for the Gwich'in and Inuvialuit of the Beaufort-Delta region?

A12. Self-government provides practical tools Gwich'in and Inuvialuit can use to strengthen their cultures, languages, economies, and communities. Through Gwich'in and Inuvialuit Governments, and through guaranteed representation in public government, Gwich'in and Inuvialuit will be able to preserve and enhance their unique languages and cultures.

Through self-government, Gwich'in and Inuvialuit will have greater control over decision-making in the region, and an ability to integrate their cultures and languages into government programs and services.

The Governments of the Northwest Territories and Canada would continue to work with the Beaufort-Delta governments in areas such as the development and coordination of standards for program and service delivery in the interests of all Beaufort-Delta residents and all Territorial residents.

Q13. What benefits to the Beaufort Delta region generally are expected as a result of this AIP / future self-government?

A13. The residents of the Beaufort-Delta region will have increased authority and responsibility over matters that affect their lives. Communities will have the ability to shape programs to reflect their needs and priorities.

By bringing together all people in the region in new self-government arrangements, the region will be more inclusive and more unified.

It is also expected that a future self-government agreement will create a more stable and predictable decision-making environment with the potential to attract investment and economic growth.

Q14. What measures will be put in place to ensure that Beaufort-Delta governments will be democratic and accountable to those they govern?

A14. The Canadian Charter of Rights and Freedoms will apply to the governments established under the Final Self-Government Agreement, concerning matters within their authority.

Beaufort-Delta governments' systems of accountability will be comparable to those of other governments in Canada. Under the AIP, each Beaufort-Delta government would be governed by a constitution which would include provisions for financial and political accountability.

Under the AIP, all eligible voters would have opportunities to participate in public government: to vote, to nominate candidates and to run for office.


Q15. Will the residents of the Beaufort-Delta region receive the same level of programs and services that other residents of the NWT enjoy?

A15. One of the principles set out in the AIP to guide the negotiation of fiscal financing agreements for Beaufort-Delta Governments is that funding should be provided for the provision for the agreed-upon programs and services at levels reasonably comparable to the levels generally found in communities of similar size and circumstances in the Northwest Territories. The details of how the funding mechanisms will work will be negotiated before the conclusion of the Final Self-Government Agreement. There are also provisions in the AIP for the maintenance of territorial and national standards for programs and services.

Q16. How will self-government be funded in the Beaufort-Delta?

A16. All Parties are committed to negotiating workable, efficient and affordable self-government arrangements.

They agree that financing of self-government in the Beaufort-Delta will be a responsibility shared among the federal, territorial and Beaufort-Delta governments. Final Agreement negotiations among all Parties will determine specific financing arrangements. The first fiscal financing agreements will be negotiated prior to the Final Agreement.

Q17. Does this AIP affect or change the Gwich'in and Inuvialuit land claims?

A17. No. The Parties do not propose to renegotiate the Gwich'in Comprehensive Land Claim Agreement or the Inuvialuit Final Agreement; or to re-open, change or displace existing or historic treaties through the negotiation of self-government agreements.

Q18. How long will it take to complete the Final Self-Government Agreement?

A18. Issues that are negotiated for a Final Agreement are numerous and can be complex. The Parties are also committed to continue a process of regular consultations with Beaufort-Delta communities during the negotiations.

With these conditions in mind, the Parties are committed to completing a Final Agreement as early as possible, and have begun planning the next phase of negotiations. Normally, between 2 to 3 years is required after signing an Agreement-in-Principle for the negotiation and conclusion of a Final Self-Government Agreement.


Backgrounder
Inuvialuit/Gwich'in Self-Government Agreement-In-Principle



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Why self-government in the Beaufort-Delta region?

Aboriginal self-government is not a new idea. The Gwichin and Inuvialuit assert that for thousands of years before Canada was founded they enjoyed their own governments, economies and societies. Negotiating self-government today is a way to provide Gwich'in and Inuvialuit with the tools to rebuild this self-reliance, to protect their languages and cultures, and to chart their own futures.

Land claims - the first step toward self-government

Self-government and land claim negotiations begin
In the 1970s the Gwich'in called for the recognition of treaty rights and self-government and the Inuvialuit called for land and harvesting rights to be recognized by Canada.

In 1984, the Inuvialuit were the first in the NWT to sign a land claim agreement with the federal government. Then, in 1992, the Gwich'in also completed their land claim agreement with the federal government.

These two land claim agreements recognized Gwich'in and Inuvialuit ownership of settlement lands and set out the boundaries of Gwich'in and Inuvialuit land. The land claim agreements also detailed Gwich'in and Inuvialuit ownership of subsurface minerals such as oil and gas, and ensured Gwich'in and Inuvialuit participation in planning and management of land and resources in the land claims settlement areas. As well, the agreements provided economic benefits including payments to the Gwich'in and the Inuvialuit by the Government of Canada. The land claim agreements did not return authority to the Gwich'in and Inuvialuit to govern themselves. Provisions were included in the land claim agreements relating to negotiation of self-government.

Self-government negotiations

Inherent Right Policy
In 1993, the Gwich'in and Inuvialuit made a request to the Government of Canada to negotiate a self-government agreement. In 1995, the Government of Canada approved the Inherent Right of Self-Government Policy. This national policy development set the stage for self-government negotiations among Gwich'in, Inuvialuit, the Government of the Northwest Territories and the Government of Canada. A Process and Schedule Agreement, setting out the topics to be discussed in negotiations, was signed in 1996.

Agreement-in-Principle initialled
On October 3, 2001, negotiators for the Gwich'in and Inuvialuit, the Government of Canada, and the Government of the Northwest Territories initialled the Self-Government Agreement-in-Principle.

On April 16, 2003, the Gwich'in and Inuvialuit leadership, the Government of Canada, and the Government of the Northwest Territories signed the Gwich'in and Inuvialuit Self-Government Agreement-in-Principle for the Beaufort-Delta Region.

The Agreement-in-Principle sets the foundation for additional negotiations intended to lead to a final Self-Government Agreement.

Key elements of the Agreement-in-Principle

Model of governance
Through the Agreement-in-Principle, the Parties have agreed to a new form of government in the Beaufort-Delta Region. The new governing structures will include:

Community Governments
There will be a Chief Councillor of each Community Government. All residents of the community will be able to nominate, run for and vote for the Chief Councillor. Community Governments will replace municipal governments, and will have decision-making authority over matters that directly affect the community, such as local government operations, early childhood development, and education.


Up to 50% of council seats will be set aside for Inuvialuit in Inuvialuit communities, and for Gwich'in in Gwich'in communities. In Inuvik and Aklavik, up to 25% of council seats will be set aside for Inuvialuit and up to 25% for Gwich'in. Only Inuvialuit and Gwich'in will vote, run for, or nominate Inuvialuit and Gwich'in councillors.

All residents of a community will be able to nominate, run for and vote for at least 50% of the council seats. All voters in community elections will have an equal number of votes.

Inuvialuit Government
The Inuvialuit Government will serve Inuvialuit. The Inuvialuit Government will protect matters that are internal to Inuvialuit communities, integral to Inuvialuit culture, identity, traditions, language and institutions, and with respect to their special relationship to their land and their resources.

Gwich'in Government
The Gwich'in Government will serve Gwich'in. The Gwich'in Government will protect matters that are internal to Gwich'in communities, integral to Gwich'in culture, identity, traditions, language and institutions, and with respect to their special relationship to their land and their resources.

Regional Government
The Regional Government will have authority and law-making power for issues that affect all people in the region.

The Regional Government will be made up of:


The Chief Councillor from each Community Government, for a total of eight

A Councillor from the Inuvialuit Government

A Councillor from the Gwich'in Government

A Chief Regional Councillor elected by the population at large

All governments will be linked and will have overlapping membership. This will help all levels of government work together for common goals.

Powers and Authorities in the Agreement-In-Principle

Authority and decision-making powers in each of the following areas have been negotiated, and are included in the Agreement-in-Principle:


Culture and language

Child and family services and adoption

Social services

Early childhood education

Kindergarten to grade 12 education

Out-of-school care

Post secondary education

Student support services

Training

Health

Income support

Justice and policing

Guardianship, trusteeship, wills and estates

Local government operations

A chapter of remaining subject matters to be addressed by the time of the Final Agreement, including housing; marriage; and economic development, including tourism; roads; and traffic.


Chronology of events leading to the signing of the Gwich'in and Inuvialuit Self-Government Agreement-in-Principle (AIP)




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1960s
Dene state that they did not cede their interest in traditional lands.

1970s
Committee for Original People's Entitlement (COPE), Indian Brotherhood of the Northwest Territories (Dene Nation), Metis Association of the Northwest Territories (Metis Nation) and the Inuit Tapirisat of Canada are formed.

1976
Dene submit their self-government proposal after Metis withdraw from joint proposal to Canada. Dene and Metis negotiate separately for five years. They come together in the early 1980s.

1977
The Inuvialuit, through the COPE, make a formal request for land claim and self-government negotiations to the Government of Canada.

1982
The Mackenzie Delta Regional Council is formed, representing the Dene, Metis and Inuvialuit of the Mackenzie Delta.

1984
Inuvialuit and Canada sign the first land claim agreement in the Northwest Territories. The Agreement contains provisions stating that where restructuring of the public institutions of government is considered for the Western Arctic Region, the Inuvialuit shall not be treated less favourably than other Aboriginal groups with respect to the governmental powers and authority conferred on them.

1988
Dene/Metis AIP is initialed.

1990
Following the Joint Dene/Metis Assembly, the Gwich'in decide to pursue the negotiation of a regional land claim.

1990 - 1992
Gwich'in land claim is negotiated, containing a Self-Government Framework Agreement.

1992
Gwich'in, Government of the Northwest Territories and Canada sign the Gwich'in Comprehensive Land Claim Agreement, containing a Self-Government Framework Agreement for the negotiation of a Self-Government Agreement.

1993
The Inuvialuit Regional Corporation (IRC) and the Gwich'in Tribal Council (GTC) decide to work together on self-government and submitted a joint proposal for regional public government for the Beaufort Delta region of the western NWT. Joint proposal approved by Mayors in the region.

1995
Government of Canada introduces the Inherent Right of Self-Government Policy.

1996
Beaufort Delta Process and Schedule Agreement regarding self-government is negotiated and signed. The AIP is negotiated over the next 5 years.

2001
Beaufort Delta AIP is initialed in October by negotiators for the Inuvialuit, the Gwich'in, the Government of the Northwest Territories and the Government of Canada.

2003
Beaufort Delta AIP is signed by the Gwich'in, the Inuvialuit, the Government of the Northwest Territories and the Government of Canada. Negotiations toward a Final Agreement continue.

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The Gwich’in and Inuvialuit Self-Government AIP is available at

http://www.selfgov.org

http://www.gov.nt.ca/MAA