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Chairing of the Consultation Committee meetings will rotate between a member of each of the parties represented on the Committee. The meeting Chair shall ensure that draft minutes of the meeting are recorded and distributed to the other members, and the other members shall either approve the minutes or comment on them with revisions. All members shall retain all minutes of every meeting. Discussions of the Consultation Committee and the principals and their recommendations are without prejudice to positions that the Parties may take in other forums. This Consultation Protocol, any consultation or negotiation thereto, and any agreement reached thereunder are not to derogate from or abrogate any treaty or the aboriginal rights and Title of KI.

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60050046 Ki Protocols v2

Protokoll

Geolocation

Latitude: 53.259

Longitude: -92.357

: Geolocation

Date: 5. Juli 2011

Indigenous people(s)

Kitchenuhmaykoosib Inninuwug

Land

North America: Canada

Context and purpose

b) Land demarcation (recognized / partially recognized / pending / no recognition)
c) A component of a broader strategy of governance assertion
d) Historical context (are there general statements that reflect this history and perspective)
e) Addressing inter/intra-community/people divisions or formalizing modalities of cooperation
f) Does the protocol have unique features that reflect the particular communities experience
h) Does the protocol address processes for updating its contents

Community governance

a) Life plans (self-determined development)
b) Territorial plans and boundaries
d) Community governance statutes
e) Community history

Preconditions

b) Formal recognition of indigenous’ rights and governance structures
e) Assertion of rights in relation to natural resources

Term definitions

Consent

Non-negotiables

b) Rejection certain types of activities / impacts that are critical
c) Affirmation of the right to decide (language used, yes/no, veto and supporting rationale)
d) Agreement to the protocol as basis for consultations
f) Circumstances that render consultations or consent void (e.g. creation of division, presence of armed groups, offers of money, threats…)

Core principles

a) Respect for land rights and indigenous governance
c) Criteria in relation to timeframes and processes
d) Criteria in relation to indigenous knowledge
f) Negotiation in certain (or all contexts)
g) Intercultural dialogue

Protocol scope

a) A statement of principles
b) Establishes a process for negotiation of consultation procedures
c) Does it seek to define the entire consultation process
d) Does it address particular activities or is it all encompassing (projects, administrative or legislative measures etc and are these addressed separately?)

Legal frameworks invoked

a) International or regional instruments/jurisprudence
b) National laws/policies/jurisprudence
c) Colonial laws
d) Customary law

Interfaces with external institutions and organizations

a) Municipal government

Internal groups or other peoples

a) Other indigenous communities or peoples
e) Broader society
g) Future generations

Scope of consultation

b) Level of a people

When to consult

a) Triggers for consultation

Roles in decision-making process

a) Role of representatives
b) Role of community members
c) The role of General Assemblies and other structures
d) The role of leaders or chiefs in determining where and when assemblies are held
e) The process of decision-making, discussion, consensus, voting.
f) What is done in the absence of consensus
g) Participation of outsiders

Conditions for consultation

a) Location of meetings
d) Decisions as to who to involve
e) Role of indigenous knowledge
f) Who will coordinate the meetings
g) Freedom to invite third parties, including trusted specialists
h) Actor how pasts costs for participation
j) Rules in relation to recording and sharing of recordings

Nature and sequencing of consultation phases

a) Involvement in strategic planning
b) Initial approach
c) Meetings for development of specific consultation plan in accordance with the protocol
d) Information meetings (content, where, with whom and partner participation)
e) Internal meetings (actors involved, decision-making processes)
g) Are there different processes envisaged for different types of projects/proposals
h) Does it establish fixed timeframes
i) Rituals addressed

Language, naming and style

b) as well as the language of the State
d) Is it referred to as a “protocol” ?
h) Is it a hybrid of customary law and western law

Who to consult

a) Elders
c) Leaders

Outcomes

b) Conditions for agreements
c) Content of agreements
d) Agreement oversight and enforcement mechanisms

Actors addressed

a) State actors addressed
b) Corporate actors addressed

Issued by

Kitchenuhmaykoosib Inninuwug

Primary Documents

60050046-Ki-Protocols v2.pdf
English
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