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TRTFN Mining Policy, March 2007 4/17 i. any proposal for hiring or contracting of TRTFN and local people; j. plans for terminating activity, site restoration, and exiting the Territory; k. identification of company contact person; and l. other project-related information that would be relevant to a TRTFN decision whether to support the project. 14. Before making a recommendation to TRTFN Government respecting a proposal for mining-related activity in the Territory, the Land & Resources Manager shall prepare a Preliminary Evaluation, to include the following: a. sufficient information from the proponent to properly understand the project and its potential impacts on lands and resources; b. location of the project site or activity area on TRTFN Government maps; c. a preliminary determination whether it is reasonably likely that the project would, by itself or cumulatively, have impacts on: i. TRTFN environmental, economic, social or cultural interests or values; or ii. individual Tlingit family interests or values; and d. a preliminary determination whether the proposal raises serious concerns, because of potential impacts described in Section 14(c) or because the proposal appears to be inconsistent with: i. management directions in Our Land is Our Future: Hà tlátgi hà khustìyxh sìti - Taku River Tlingit First Nation Vision & Management Direction for Land and Resources; ii. the sustainability principles in Schedule C; or iii. any other relevant policy, guidelines or land use plan issued or approved by TRTFN Government. 15. In evaluating the proposal under Section 14(c)(ii), the Land & Resources Manager shall make all reasonable effort to consult with any potentially affected TRTFN families or individuals, in order to determine whether there would be any outstanding issues if the project were to proceed, in which case the Manager should refer the proposal to TRTFN Government for a decision. 16. Where the Land and Resources Manager considers it necessary, technical advice may be obtained before completing the Preliminary Evaluation under Section 14. 17. Upon completing the Preliminary Evaluation, the Land & Resources Manager shall: a. issue a written response to the proponent in accordance with Section 18; or, b. refer the proposal to TRTFN Government for a decision.

Select target paragraph3

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Taku River Tlingit First Nation Mining Policy

Protocolos

Fecha: 31 de mar. de 2017

País

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
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

Preconditions

b) Formal recognition of indigenous’ rights and governance structures
e) Assertion of rights in relation to natural resources
f) Concepts defined in the protocol (e.g. integral territory, culture, knowledge, sacred sites…)

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

Core principles

a) Respect for land rights and indigenous governance
b) Good faith with elaboration of its implications
c) Criteria in relation to timeframes and processes
d) Criteria in relation to indigenous knowledge
e) Basis for right to decide and give or withhold consent
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

b) National laws/policies/jurisprudence
d) Customary law

Interfaces with external institutions and organizations

a) Municipal government

Scope of consultation

a) Single or multiple communities (of one people, or multiple peoples)
b) Level of a people

When to consult

a) Triggers for consultation
b) Reference to specific activities
c) Reference to ESIAs
d) Reference to multiple consultation points

Roles in decision-making process

a) Role of representatives
b) Role of community members
c) The role of General Assemblies and other structures
g) Participation of outsiders

Conditions for consultation

d) Decisions as to who to involve
e) Role of indigenous knowledge
f) Who will coordinate the meetings
h) Actor how pasts costs for participation

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)
h) Does it establish fixed timeframes

Language, naming and style

b) as well as the language of the State
e) is it referred to by some other term in indigenous or other language
g) Is the style western legalistic

Who to consult

a) Elders
c) Leaders

Outcomes

a) Implications of giving or withholding consent
b) Conditions for agreements
c) Content of agreements
d) Agreement oversight and enforcement mechanisms

Actors addressed

a) State actors addressed
b) Corporate actors addressed

Primary Documents

Taku River Tlingit First Nation Mining Policy.pdf
English
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