5. BE A FULL PARTICIPANT IN AN AGREEMENT’S IMPLEMENTATION AS WELL AS ITS NEGOTIATION

The SEPA is a living document. Like a plant, it must be tended and watered with close attention. It must also adapt and grow as project realities and opportunities change over time. Much the same applies to a relationship with a Joint VentureJoint Venture: commonly, a business to which two or more parties contribute the essential land, capitalCapital: cash, property, equipment, services, and contracts or leases., and services, in return for a share in its ownership and control. (Note: the Joint Venture is very strictly defined under Canadian law.) partner. Neither “just take care of themselves.” The value of the best negotiation is seriously jeopardized when skill and energy is not invested in the agreement’s implementationImplementation: the carrying out or execution of an agreement, decision, or plan., dispute resolutionDispute Resolution: a process by which two or more parties may discuss their disagreements and come to decisions about how to proceed., and amendment.

To a great degree, effective implementation depends on the provisions of the agreement itself. It must establish the benchmarks for progress, the authorities who will track them, and procedures for bringing forward and addressing complaints and suggestions. But effective implementation also depends on capacity. Members of Aboriginal communities must steadily deepen their knowledge of mining, its technical language, and implementation procedures in order to “level the playing fields” on which its representatives and those of the mining company meet. The greater the knowledge an Aboriginal community has regarding the mining industry and the terms of the agreement itself, the better the results that an agreement can realize.

This is particularly the case in light of the turnover of mining company staff. The senior corporate officials involved in SEPA negotiations may move on to other projects during implementation or before it even starts. On-site mine managers may not understand why certain commitments appear in the SEPA or the context in which they were negotiated.1 Over time, the Aboriginal signatoriesSignatory: any person or organization who has signed as a signatory to a document or agreement. to the agreement may be the only ones who remain “on location.” Their intimacy with the agreement and the history of its implementation will be very important to its subsequent success.

Of course, turnover is common among Aboriginal leaders, too. So make a point of documenting how and why you arrived at each provision of the agreement. Future leaders can then review this record and realize the importance of implementing the entire package.