"We Will Govern"
Understanding the ESGA Negotiation Process
Between Akwessne and Canada
The Mohawk Council of Akwesasne and Government of Canada have been actively negotiating the Akwesasne-Canada Entewatathá:wi Self-Government Agreement (ESGA) since 2013. ESGA will allow for the recognition of new and expanded jurisdiction and authority for the Mohawks of Akwesasne. Nation Building’s work plan reflects the parties’ agreement to the activities they will pursue during the fiscal year in furtherance of the objectives set out in the Akwesasne-Canada Agreement-in-Principle.
All negotiations between Akwesasne and Canada are held at formal meetings called “Main Table Negotiations.” This is where high-level discussions take place in regard to specific subject matters. There are representatives from Akwesasne and Canada, including legal advisors, negotiators, community advisors, and sometimes subject matter expects.
The goal is to reach a mutual understanding and agreement that recognizes the autonomy of the Mohawks of Akwesasne in managing their own affairs while maintaining a government-to-government relationship with Canada. The process involves multiple rounds of discussions, proposals, counterproposals, and revisions. Both parties work toward a mutually acceptable draft agreement. Main Table Negotiations are crucial because they lay the foundation for the ESGA, aiming to enhance the political and economic independence of the Mohawks of Akwesasne while respecting our legal and inherent rights.
The Entewatathá:wi Self Government Agreement, once reached, is subject to ratification by the Mohawks of Akwesasne.
Why are we negotiating?
The Indian Act does not reflect the values, needs and priorities of the Mohawks of Akwesasne, but it still contains some provisions that benefit the community. We are negotiating a new basis for the relationship between Akwesasne and Canada that will replace most section in the Indian Act. If the ESGA is ratified by the community, this will allow the Mohawk Council of Akwesasne to exercise greater powers, self-government to make decisions that better reflect the community’s values and priorities. Akwesasne’s affairs will no longer be dictated by the Minister of Indigenous Services Canada under the Indian Act system.
Today, the Canadian Government controls
70% of our affairs
In the Future,
Akwesasne will
control 80%
Why are we Negotiating?
Akwesasne
-
Greater recognition of Akwesasne jurisdiction and authority.
-
There are provisions of the Indian Act that are not working for Akwesasne and need to be replaced with Akwesasne jurisdiction. The beneficial part of the Indian Act will continue to apply (i.e. s. 87 Tax exemption and s. 89 protection of property from seizure).
-
-
Redefining the relationship with Canada to be on a government to government basis and continued funding for our programs and services.
Canada
-
Negotiations are guided by the 1995 Inherent Right Policy (IRP). (It has been recommended by the Akwesasne negotiating team that the IRP be included as a policy to be reviewed by a Ministerial working group.)