Section 4:
Reaching agreement and making sure it is
properly implemented
4.1 Entering into negotiations
Once we are properly informed about the proposed project and understand its potential impacts, we need to decide
as a community if we want to say “Yes” to negotiations toward an agreement with the project proponent, or say ‘No”
to the project. Saying “Yes” to negotiating does not mean that we are saying “Yes” to the project — it just means we
are willing to talk!
First, we should read the “Negotiating Impact and Benefit Agreements” guide that goes with this guide for more
information. It discusses important steps like:
•
How we can gain leverage for an agreement;
•
How to prepare for negotiations;
•
How to pick a negotiating team and make sure our community is involved;
•
The importance of never showing disunity or community disagreements to the project proponents;
•
The process of negotiating and tactics we can use to get a better agreement;
•
Benefits and other conditions that can be included in agreements;
•
Implementing agreements so the promises that are made on paper are actually realised in our
communities!
Key FPIC Tip: Before we sit down to negotiate, we should try to get a clear commitment from the proponent that
they will respect our rights and decisions, including our right to say “No,” and that they will respect our chosen
processes. Before we go ahead we might want to get a signed agreement — a “negotiation protocol,” a “letter of
intent” or a “memorandum of understanding” — that sets out these commitments in writing. If the other side goes
back on its commitment later, we have clear grounds to withdraw our consent to negotiate. The IBA guide talks more
about these protocols and agreements.
4.2 Reaching agreement
What our community wants in an agreement can depend on many things. But if we decide to say “Yes,” we
will probably want to say “Yes” on the condition that our community is guaranteed certain benefits and on the
condition that actions are taken to reduce negative impacts and guarantee our participation. The “Negotiating
Impact Benefit Agreements” guide lists different clauses that are often included in IBAs. Some clauses include:
A practical guide for Indigenous Peoples in Guyana
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