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Political Accord to Establish a Nunavik Commission for Self-Government 1999 | Sub Category: | Political Accord (Canada) | Self-Government Agreement (Canada) | Place: | Nunavik | State/Country: | Northern Quebec, Canada | Alternative Names: | Nunavik Self-Government Political Accord Political Accord between the Nunavik Party, The Government of Quebec and the Federal Government for the Examination of a Form of Government in Nunavik through the Establishment of a Nunavik Commission
| Subject Matter: | Self Government | URL: | http://www.autochtones.gouv.qc.ca/relations_autochtones/ententes/inuits/19991105_en.htm | | Summary Information: | | The Nunavik Self-Government Political Accord (the Accord) was agreed upon by the Nunavik Party, the Government of Québec and the Government of Canada on 5 November 1999. It provides for the creation of a Nunavik Commission which will have the role of establishing a time frame, plan of action, and recommendations for discussions to create a government in Nunavik. The scope of the recommendations will extend to areas including:
· The powers, jurisdiction and responsibilities of the Nunavik Government;
· The electoral process and responsibilities of the Executive;
· The administrative structure of the Nunavik Government;
· A plan of consolidation for the central Nunavik organisations;
· Amendments to the James Bay and Northern Quebec Agreement;
· The relationships between the governments – federal, provincial, Nunavik and Nunavut;
· Financing arrangements; and
· The promotion of Inuit culture in Nunavik. | Detailed Information: | | The Accord acknowledges the need to build on what was established in the James Bay and Northern Québec Agreement (JBNQA), and expresses a commitment to consider previous negotiations for self-government which took place in 1994–1995 and 1997–1998. It reaffirms the federal government’s commitment to ensuring that the Inuit and other residents of Nunavik continue to benefit from existing and future services and programs.
The Parties to the Accord agree to establish a Nunavik Commission for the purposes of developing a timetable, plan of action and recommendations. These are to create the basis for negotiations to establish a Nunavik Government. The Nunavik Commission is to be established by the Government of Canada in order to carry out the functions set out in the Accord. It will be provided with the appropriate powers to carry out its mandate. The Commission is to be comprised of two Co-Chairpersons and six Commissioners. One Co-Chairperson and two Commissioners are to be appointed by the Nunavik Party, with the remainder to be appointed by the Government of Québec and the Minister of Indian Affairs and Northern Development. Persons appointed as Co-Chairpersons must be mutually acceptable to both the Nunavik Party and the Government of Québec. The Commission is to table its recommendations within eight months of its establishment. It will have the power to travel conduct hearings, establish technical committees, conduct community consultations and engage consultants for the purposes of its work. The Commission will rely on funding as provided in the appendix to the Accord, and shall be transparent and financially accountable to all the parties. The Governments of Canada and Québec, and the Nunavik organisations are to comply with any requests for information associated with the work of the Commission.
The mandate of the Commission is to set out comprehensive recommendations for the subject matters listed above. The Commission must respect a range of overriding principles which include:
· The Nunavik Government will be open to all permanent residents of Nunavik;
· The Nunavik Government will come under the jurisdiction of the Québec Nation Assembly, and respect its authority as well as that of the federal Parliament;
· Any amendments to the JBNQA must be consented to by the parties to the Accord, and will not modify the rights of the Inuit under the JBNQA;
· The design of the Nunavik Government must be capable of implementation with respect to prevailing economic realities, although it may be innovative in nature;
· The Nunavik Government will have jurisdiction for matters under its authority throughout all of Nunavik except for certain lands as defined in the Accord;
· The Canadian Charter of Rights and Freedoms and the Charter of Human Rights and Freedom (Québec) is to apply to the Nunavik Government; and
· Arrangements for the establishment of the Nunavik Government are to respect the character of Nunavik and the close relationship between the Inuit of Nunavik and Nunavut.
The work of the Commission and any subsequent negotiations are not to adversely effect other negotiations initiatives which involve any of the parties. The Commission is to meet with the parties within three months of tabling its recommendations after which the parties undertake to commence negotiations to establish a process designed to establish a form of government in Nunavik. It may be wholly or partly inspired by the recommendations of the Commission. The Accord may be amended with the consent of all the parties. It is not a treaty or land claim agreement within the meaning of s 35 of the Constitution Act, 1982. Inukitut, French and English versions of the Accord are to be produced. | |
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