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Agreement in waiting

Chiefs postpone AIP signing

Terry Halifax
Northern News Services

Inuvik (June 28/02) - A self-government agreement was put on hold last Friday by Gwich'in chiefs who want some clarification of a clause that calls for the dissolution of the present chief and council system.

In Chapter 27 of the Agreement In Principle, the document calls for the dissolution of the band and council.

Inuvik Native Band Chief James Firth said they agree to the self government process, but the band should have the right to say how they will govern themselves.

"As far as I'm concerned (Chapter 27) should be taken right out of it," Firth said.

They were also concerned about the recent amendments to the Indian Act and how it will affect them.

"We don't know what it means yet and until we get a read on that and a legal opinion, we thought it would be best to postpone it," Firth said.

Aklavik Indian Band chief Charlie Furlong said the chapter requires further explanation and has been a sticking point since the negotiations began.

"I have raised this issue several times over the years and even when I was a federal negotiator," Furlong said. "I apologize for my reaction at the 11th hour, but I felt that it would have been much harder for the band to get clarity on Chapter 27 if we had signed the Agreement in Principle."

He said that dissolving the bands in favour of a community aboriginal government has always been a contentious issue and hopes to see some early attention paid to the clause.

"All we're asking for is more clarity and to have a legal review and establish a process where we can have more direct contact in negotiations," Furlong said.

Gwich'in Tribal Council president Fred Carmichael, hopes the agreement will be rescheduled for signing this fall.

Carmichael did not see a problem in signing the AIP and has a mandate from his board of directors to sign the agreement, but says he respects the chief's concerns, but this could have been dealt with after the signing.

"I personally don't have any great concerns about (Chapter 27)," Carmichael said.

"I'm very disappointed -- very much so, but we live in a democracy," he said. "People certainly have had time to voice their concerns over this, I don't know why, at the 11th hour, they decided to do this."

Chief negotiator Bob Simpson says the postponement came as a complete surprise to him.

"I was hoping the signing or the approval of the Agreement in Principle would have created a positive profile," Simpson said. "The postponement has probably muddied the waters a bit."

The disputed wording in Chapter 27 is a clause Simpson says was put in by the federal government and he did not have authority to negotiate that section.

"Chief and council will be the ones involved and they will decide on the dissolution of the band," Simpson said. "I don't have a mandate to negotiate this."

He said he's been telling the feds for four years that he didn't have the power to negotiate the issue, but it was just put off.

He takes a share in the responsibility, but also said the chiefs should have spoken up earlier.

Simpson says it will be business as usual at the bargaining table, but says the section will be "highlighted as a priority," and hopes the chiefs will take an active role in future discussions on negotiations.

"They've certainly made that commitment by requesting the minister to postpone the signing ceremony," Simpson said. "They certainly need to be accountable for that action and follow-up on it."