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TRTFN Mining Policy, March 2007 8/17 c. TRTFN Government will be adequately resourced to participate in the Environmental Assessment and harmonized process. Impacts & Benefits Agreement 34. An Impacts & Benefits Agreement concluded by TRTFN Government and the proponent shall provide for measures within the authority of those parties, and will normally include the following: a. the common provisions in Schedule E; b. environmental protection measures, including monitoring and management programs and follow-up studies; c. measures to protect TRTFN land use practices and rights from project impacts; d. measures to support TRTFN land use practices and rights; e. compensation to TRTFN citizens or TRTFN Government for any disturbance or interference with Tlingit land use activities or interests that may be affected by the project; f. provisions for monitoring performance of the operation, conducting inspections and environmental audits as may be required; g. reporting requirements of the proponent to TRTFN Government; h. economic benefits to TRTFN community, including business and employment opportunities, community development program contributions, training and education programs, financial contributions, and any other benefits negotiated for TRTFN and its citizens; i. other such measures agreed by the Parties. 35. TRTFN Government may not conclude an Impacts & Benefits Agreement until the following events have occurred: a. the Environmental Assessment of the proposed project has been completed; b. TRTFN Government is engaged in negotiating an Accommodation Agreement with BC and/or Canada; and c. There has been ratification of the Impacts and Benefits Agreement by a Joint Clan Meeting. Accommodation Agreement 36. An Accommodation Agreement concluded by TRTFN Government and the BC and/or Federal Governments shall provide for measures within the authority of those parties, and will normally include the following: a. the common provisions in Schedule E; b. environmental protection measures, including monitoring and management programs and follow-up studies;

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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