Negotiation Framework Agreement on the Amalgamation of Certain Institutions and the Creation of a New Form of Government in Nunavik 2003
|Sub Category:||Framework Agreement (Canada) | Self-Government Agreement (Canada)|
|State/Country:||Northern Quebec, Canada|
|Alternative Names:||Nunavik Self-Government Negotiation Framework Agreement|
|Subject Matter:||Self Government|
|Summary Information: |
|The Nunavik Self-Government Negotiation Framework Agreement (the Framework Agreement) was signed by the Makivik Corporation, the Government of Canada, and the Government of Québec on 26 June 2003. It signals the commencement of negotiations towards the establishment of a process to create a new form of government in Nunavik, and reflects the commitment of the Parties to the Inherent Right of Self-Government Policy. The objectives of the Framework Agreement are to:|
· Establish a formal process for negotiating, as the initial phase, an Agreement-in-Principle and a Final Agreement on the amalgamation of the existing organisations of Nunavik into a Unified Entity;
· Secure agreement by the Parties to undertake subsequent negotiations of a Supplementary Agreement on the creation of a new form of government in Nunavik
· Establish a funding regime appropriate to the Unified Entity and reach funding agreements with the Government of Québec and the Government of Canada;
· Set out the overriding principles, process subject matters, and source of funding support for the negotiations.
|Detailed Information: |
|The overriding principles of the Framework Agreement and any complementary agreements for the creation of the new form of government in Nunavik, are to be consistent with the following principles:|
· The Unified Entity and the new form of government in Nunavik shall be open to all permanent residents in Nunavik and will come under the jurisdiction of the Québec National Assembly;
· The Unified Entity and the new form of government shall respect the authority of the Québec National Assembly and of the federal Parliament in federal matters;
· Any amendments to the James Bay and Northern Québec Agreement (JBNQA) or to the Northeastern Québec Agreement (NEQA) made for the purposes of establishing the Unified Entity and the subsequent creation of the new form of government, must be made by complementary agreements to those agreements, and will not prejudice any rights of the Inuit under the JBNQA;
· The establishment of the Unified Entity and new form of government will not prejudice the rights of the Cree or Naskapi as set out in the JBNQA and the NEQA;
· The arrangements for land and resource use set out in the JBNQA and the NEQA will not be altered by the creation of the Unified Entity or the new form of government;
· The Canadian Charter of Rights and Freedoms and the Charter of Human Rights and Freedom (Québec) will apply to the Unified Entity and the new form of government;
· The Framework Agreement and the negotiation process will not affect Québec or federal services and programs which might normally apply to Nunavik residents;
· The design of the new form of government must be compatible with the prevailing legal and economic realities of Québec and Canada, although it may be innovative in nature;
· Transparency rules and accountability mechanisms will apply to the Unified entity and the new form of government; and
· The quality and level of existing public services provided to the Nunavik population must not be diminished by the creation of the new form of government.
The negotiation process
The Parties agree to ensure that appropriately mandated negotiators are appointed for each phase of the negotiations. The negotiators will develop a comprehensive work plan which is to include a negotiation schedule, target dates and outputs. The cost of negotiations by Makivik is to be shared by Makivik, Québec and Canada. The Parties agree to work cooperatively to clarify and respond to each Party’s interests and positions.
Subject matters for negotiation
The Framework Agreement also sets out the subjects for negotiation. These include:
· The identification of all organisations to be amalgamated under a Unified Entity;
· An outline of the Unified Entity;
· The authority and administrative structure of the Unified Entity;
· Its rules of functioning and financial framework;
· A process for harmonisation of central operations;
· Elaboration of block funding principles;
· Implementation process and timeframes; and
· Any other topics deemed necessary for the purposes of achieving the Framework Agreement’s objectives.
Consultation and communications strategy
The Framework Agreement also sets out requirements for a consultation process with Aboriginal groups which have rights under the JBNQA and the NEQA. In addition, the Parties are to develop a public information program regarding the negotiation process. Upon concluding an Agreement-in-Principle (AIP) and Final Agreement, the Parties will make their negotiating terms available to assist with communication and explanation of the content and intent of those agreements to the residents and organisations of Nunavik and the Governments of Canada and Québec.
Implementation, approval, interpretation and amendment
The Parties are required to prepare an implementation plan prior to the ratification of the Final Agreement. The AIP and Final Agreement will be subject to ratification by the Governments of Canada and Québec and the residents of Nunavik. The Framework Agreement may be amended by mutual consent of the Parties. It does not constitute a treaty or agreement under section 35 of the Constitution Act, 1982, and does not create legal obligations binding on the Parties. Any such obligations will be set out in the Final Agreement. A party may terminate or suspend negotiations of the AIP or Final Agreement, for cause, by written notice.