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Hensigterklæring

Goals 

 Kommune Kujalleq is the mine-impacted community that strives to be a good place to live, a place of development, an attractive place to work, a place that provides safe surroundings for families who give their youth good tools and a great place to grow old. Kommune Kujalleq acts as a knowledgeable and balanced representative of local communities and stakeholders.

Kujalleq Business Council is a viable and functional local representation that represents the local workforce and the local businesses that supports and services the mining business cost-effectively to meet the client requirements.

TANBREEZ MINING GREENLAND A/S is the company that holds the exploration licence 2006/04 which is expected to be transferred to an exploitation licence in the near future. The company is privately owned by Greg Barnes & family. Greg Barnes is an Australian, who has been operating in Greenland since 2002. The Company’s current focus is the development of the Tanbreez project in south-west Greenland.

Objective 

The objective of this MoU is to encourage community participation and to negotiate and develop an agreement that builds good relations between the parties and for the benefit for all Parties. The agreement should ensure project benefits be shared, including jobs, services and infrastructure.

The Participation approach will include needs assessment, engagement and capacity development, especially for the businesses and workforce based in the community.

The Participation Agreement will not be a substitute for Impact Benefit Agreements that still is need between the Parties and the Government.

General provisions of the MoU 

Each party will bear its own expenses arising from this MoU, subject to the availability of funds and personnel.

Any disputes between the parties arising from the interpretation, application or implementation of this MoU will be settled amicably through consultations between the Parties.

This MoU is not exclusive and not intended to create any legally binding rights or obligations and will be carried out within the framework of the respective laws and regulations in Greenland.

This MoU will come into effect on the date of signature and remain in effect for two (2) years. The MoU may be amended at any time with the mutual written consent of the Parties. Either Party may terminate this agreement by giving six (6) months’ notice in advance.

Timeframe and Process 

The negotiation of the Participation Agreement should be initiated as soon as the hearing process of the Social Impact assessment for the related mining project has ended and the Government of Greenland orders the mining company to submit a plan for exploitation (according to § 25 Greenland Mining Act). The negotiations should be held in good faith.

Methods should include but not be limited to:
• Mapping of processes at the mine operation
• Stakeholder mapping
• Assessment of capacity needs
• Assessment of capacity development programs
• Assessment of training/ education needs
• Implementation plan

The negotiations are to be held between the Parties with the involvement of local associated agencies, communities, individuals as well as nongovernmental organizations.

Examples of Participation Agreement activities 

The Parties should discuss and consider the following issues to be included in a Participation Agreement as well as other issues that the parties identifies as being core principles and key elements for a successful outcome of a Participation Agreement.

Capacity Development
The local community already possesses a certain level of Capacity and have skills to a certain degree to assist mining companies. To create a meaningful participation agreement, it will be necessary to assess the participation framework, describe the capacities needed, the capacities available and address the gaps. Local businesses, workforce and other stakeholders need information about the mining business, its processes and its impacts. The mine and expatriate workforce need information about the local culture and use of land. The Parties need to discuss and build experience to get the most of a Participation Agreement. Training and skills development are needed. Including funding of these.

Responsibilities and Obligations
The Participation Agreement should clearly describe the roles, responsibilities and expected behavior of the Parties. That includes commitment to budgetary expenses as well as inclusion of clauses to withdrawal.
The Participation Agreement should go beyond mitigation (a key element of IBAs) and focus on long term development and capacity building.
The Parties should respond promptly and constructively to community concerns and grievances.
The mining company should consult with the Parties and community regarding any material change in the mine plan and the scheduling of permanent or temporary mine closure.

Kommune Kujalleq should support capacity-building initiatives and coordinate relevant information to the community, businesses and individuals who are engaged with the mining company. Kommune Kujalleq and Kujalleq Business Council has a key role in the identification of local needs and priorities.
Third party contribution (from such as NGOs and community-based organizations) should be recognized and dealt with by the collaboration between the Parties.
This MoU is signed in Qaqortoq on this date 28 January, 2019 by the duly representatives of the Parties.