"We Will Govern"
Recognition
Recognition: The Mohawks of Akwesasne have an inherent right of self-government which originates from our people, culture and land that is recognized and affirmed in Section 35 of the Constitution Act, 1982 and the United Nations Declaration on the Rights of Indigenous Peoples. The Entewatathá:wi Self Government Agreement establishes new recognized jurisdiction and authority for the Mohawks of Akwesasne.
Respect
Respect: The Entewatathá:wi Self Government Agreement is intended to reflect a relationship between the Mohawks of Akwesasne and Canada based on the principles of Kanikonriio (a good mind), mutual respect, trust, openness and cooperation.
Responsibility
Responsibility: The Mohawks of Akwesasne have, as part of the Kanien’kehá:ka (Mohawk) Nation and the Haudenosaunee (Iroquois Confederacy), a distinctive culture and language with practices, traditions, government, laws, and economic structures prior to the arrival of European Nations and the establishment of Canada and the United States.
Relationship
Relationship: The Entewatathá:wi Self Government Agreement is a modern and respectful government to government relationship between Akwesasne and Canada.
Reconciliation
Reconciliation: Canada’s Report of the Royal Commission on Aboriginal Peoples made recommendations identifying the need to establish a new relationship according to the territorial and collective characteristics of Aboriginal people. The United Nations Declaration on the Rights of Indigenous Peoples provides that Indigenous peoples, in particular those divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders. The Mohawks of Akwesasne are an Indigenous peoples as described in the United Nations Declaration on the Rights of Indigenous Peoples and are entitled to and holders of rights described in the United Nations Declaration on the Rights of Indigenous Peoples. Canada has enacted the United Nations Declaration on the Rights of Indigenous Peoples Act (Canada) which affirms the United Nations Declaration on the Rights of Indigenous Peoples as a universal international human rights instrument with application in Canadian law and provides a framework to advance implementation of the United Nations Declaration on the Rights of Indigenous Peoples at the federal level. United Nations Declaration on the Rights of Indigenous Peoples states that Indigenous peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
Key Aspect of the
Akwesasne-Canada Entewatathá:wi
Self-Government Agreement (ESGA)
• The purpose of the Akwesasne-Canada Entewatathá:wi Self-Government Agreement (ESGA) is to implement aspects of the inherent right of self-government by the Mohawks of Akwesasne on Akwesasne Lands and with respect to Members or individuals entitled to be Members, based on the recognition that the inherent right of self-government is an existing Aboriginal right within section 35 of the Constitution Act, 1982.
• The ESGA recognizes the Mohawks of Akwesasne as the body of people, formerly known as the Iroquois of St. Regis or St. Regis Band of Indians, for whose use and benefit in common lands have been set apart by Canada and who act through the Mohawk Council of Akwesasne in exercising their jurisdiction and authority under the ESGA.
• The ESGA recognizes the “Mohawk Council of Akwesasne” is the governing body for the Mohawks of Akwesasne, any successor body, or a body acting in place of the Mohawk Council of Akwesasne under the ESGA, as provided under Akwesasne Law.
• The fiduciary relationship between Canada and the Mohawks of Akwesasne continues and will not be eliminated.
• A law, regulation, or code made or enacted by the Mohawks of Akwesasne prior to the Effective Date that relates to a jurisdiction under ESGA continues to apply and remains in force as if it had been made or enacted under the relevant jurisdiction under the ESGA.
• The Mohawks of Akwesasne have jurisdiction with respect to the enforcement of Akwesasne Law and Akwesasne Court decisions.
• Akwesasne Lands are “lands reserved for Indians” under subsection 91(24) of the Constitution Act, 1867 and are reserves established by Canada for the use and benefit of the Mohawks of Akwesasne.
• An implementation plan will identify the activities to be undertaken by the Mohawks of Akwesasne or Government of Canada to fulfill the obligations set out in ESGA and identify time frames for the completion of implementation activities.
• Ratification of ESGA by the Mohawks of Akwesasne requires that the Mohawks of Akwesasne approve the ESGA in accordance with the Akwesasne-Canada Entewatathá:wi Self-Government Agreement Special Referendum Regulations.