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IBA COMMUNITY TOOLKIT Negotiation and Implementation of Impact and Benefit Agreements

  • Date: March 2010
  • Authors: Ginger Gibson and Ciaran O’Faircheallaigh
  • Organization: Walter & Duncan Gordon Foundation
  • Location: Toronto, Ontario
  • Entry: Toolkit

Contractual agreements between mining companies and Aboriginal communities now play a critical role in shaping the terms on which minerals will be extracted from Aboriginal lands in Canada.This toolkit is designed for communities engaged in negotiating these agreements with mining companies. It is written for community negotiators, members of com- munity negotiating teams, and consultants working with Aboriginal communities and organizations.

The goal of the toolkit is to provide materials, tools and resources for communities to help them address the process and content issues relevant to negotiating agreements in Canada. The focus is on private commercial agreements, where the parties are Aboriginal communities and mining companies. We hope this toolkit will find its way into many people’s hands, be used in all sorts of ways to aid the process of negotiations, and help achieve positive agreements.

While the toolkit focuses on the mining industry, many of the issues and processes addressed in the toolkit are relevant to agreement making in other industry sectors and contexts, including protected areas, oil and gas, and forestry. Similarly, while Canada provides the specific context for the toolkit, many of the issues discussed and the strategies proposed are highly relevant in other jurisdictions where indigenous peoples negotiate with resource developers.




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