1 OBJECTIVES

1.1
Government shall enter into negotiations with the Gwich’in pursuant to this framework agreement with a view to concluding self-government agreements which enable the Gwich’in to govern their affairs and to administer resources, programs and services, as appropriate to the circumstances of the Gwich’in.

1.2
Self-government agreements shall be in conformity with the constitution of Canada.

1.3
The objectives of self-government agreements shall be to describe the nature, character and extent of self-government, the relationship between government and Gwich’in institutions and to accommodate Gwich’in self-government within the framework of public government.

1.4
The objective of this framework agreement is to set out the principles, process, schedule and matters for negotiation in self-government negotiations conducted between government and the Gwich’in, in accordance with the provisions of chapter 5 of this agreement.

2 DEFINITIONS

2.1
In the framework agreement, all terms not defined below shall be as defined in the agreement. Terms herein shall have the following meanings:

“Gwich’in First Nation Authority” means a governing body for Gwich’in in any of Akiavik, Arctic Red River, Fort McPherson or Inuvik with powers and responsibilities as set out in self-govermnent agreements; and

“self-government agreement” means an agreement on self-government negotiated pursuant to the framework agreement.

3 PRINCIPLES

3.1
Gwich’in self-government may comprise:

1. Gwich’in First Nation Authorities with powers and responsibilities, including the necessary legislative capacity, in specified areas of jurisdiction;

2. the Gwich’in Tribal Council or its successor with such powers and responsibilities as may be agreed upon by Gwich’in First Nation Authorities; and

3. Gwich’in involvement in public government pursuant to self-government agreements.

3.2
Self-government agreements:

1. shall set out the powers and responsibilities of Gwich’in First Nation Authorities;

2. may set out the powers and responsibilities of the Gwich’in Tribal Council or its successor; and

3. may provide for Gwich’in participation in public government institutions and may set out appropriate powers and responsibilities of such institutions in the settlement area.

3.3
Self-government agreements may provide for the devolution or delegation of programs and services to:

1. Gwich’in First Nation Authorities;

2. the Gwich’in Tribal Council or its successor; and

3. those public government institutions in the settlement area provided for in 3.2(c).

3.4
Self-government agreements may provide for Gwich’in First Nation Authorities or the Gwich’in Tribal Council or its successor to exercise powers of a designated Gwich’in organization in accordance with this agreement.

3.5

1. Self-government agreements shall take into account the availability of government financial resources.

2. Financial arrangements for self-government agreements shall address the need for flexibility, predictability and long-term planning.

3. Self-government agreements shall take into account the effective and efficient use of financial resources.

3.6
Government shall consult with the Gwich’in Tribal Council before recommending to Parliament or the Legislative Assembly of the Northwest Territories as the case may be, legislation to enact or amend legislation providing for Gwich’in self-government.

4 MATTERS FOR NEGOTIATION

4.1
Self-government negotiations shall address, and self-government agreements may include, the following matters in a manner not inconsistent with this agreement:

1. structures and procedures of Gwich’in First Nation Authorities and the Gwich’in Tribal Council or its successor including the development of Gwich’in First Nation constitutions;

2. accountability to Gwich’in of Gwich’in institutions;

3. legal status and capacity of Gwich’in First Nation Authorities, the Gwich’in Tribal Council or its successor;

4. membership;

5. Gwich’in culture and language;

6. housing;

7. raising of revenue for local purposes, including taxation;

8. education and training;

9. social services;

10. health services;

11. roads and traffic;

12. local government infrastructure, including programs and services;

13. economic development, including tourism;

14. child welfare, guardianship and customary adoption;

15. wills and estates;

16. administration of justice;

17. implementation plans and financial arrangements relating to self-government agreements;

18. procedures for the amendment of self-government agreements;

19. transition from existing Gwich’in institutions to future Gwich’in institutions; and

20. matters related to the foregoing, or as may be otherwise agreed.

5 PROCESS AND SCHEDULE

5.1
Government shall enter into negotiations with the Gwich’in in each Gwich’in community where a written request to negotiate is made by a designated Gwich’in organization.

5.2
Prior to commencing negotiations on self-government agreements, the parties to such negotiations shall agree on:

1. the order in which the matters to be negotiated are to be addressed;

2. the time frame within which negotiations will take place; and

3. such other matters as may be necessary or desirable.

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