2: Indigenous peoples’ perspectives on FPIC in the context of
mining projects
Interviews were conducted with indigenous peoples’ representatives from different geographical
regions including the Asia-Pacific, Latin America, Africa and North America, to gather their perspectives
on free, prior and informed consent (FPIC) in the context of mining projects in or near indigenous
peoples’ territories. The respondents include indigenous leaders who have had experience in FPIC
and mining at the community level, as well as in advocacy of indigenous peoples’ rights at the local,
national and international levels. The views they expressed in the interviews (presented below)
comprehensively cover the key themes around FPIC that mining companies need to understand, as
well as the issues that indigenous peoples directly face when dealing with mining corporations. Given
that at its core FPIC is a means for operationalizing the right to self-determination it is absolutely
essential that mining corporations approach FPIC from the perspective of indigenous peoples.
Definition of FPIC as a right, a process and a principle
Indigenous peoples define FPIC as a right, based on their collective right of self-determination. FPIC
means respect for the right of self-determination, part of which is the right to collective decisionmaking. It embodies, and is fundamental to, recognition of the sovereignty and rights of indigenous
peoples over their land, territories and resources and the need to be consulted in a manner that is
in keeping with the people’s own indigenous culture. FPIC is the means for guaranteeing respect for
the rights of all communities and groups of which an indigenous people is comprised.
Indigenous peoples also view FPIC as part of a process of operationalizing the right of selfdetermination by guaranteeing respect for their decision-making processes and their associated
right to accept or reject a project that will affect them. A common theme highlighted by many of those
interviewed was that unwritten community protocols and laws have always been practiced as part of
the cultures of indigenous peoples. These include customary practices of paying respect and asking
permission for entering, or having an impact on, an indigenous peoples’ territory. Anybody seeking
to do so would need to go through this process. As a result, if an indigenous people or community
refuses on principle grounds not to consent to a concession being issued over their territory, or
a project commencing in it, that decision is binding on all parties, and should not be contested.
Indigenous peoples view FPIC as embodying this right to say no without having to engage in a
prolonged consultation or negotiation process.
FPIC was also seen by those interviewed as a
principle of negotiating in good faith on the basis of
mutual respect and equality. Meaningful negotiations
require consultations free from intimidation, coercion,
bribery or undue influence, and an acceptance of the
outcome of those negotiations. These are essential
for indigenous peoples to have confidence in external
processes and systems in the context of FPIC. Such
good faith and equality based negotiations have
to be central to the concept of FPIC if it is to lead
to partnership between an indigenous community
and a mining company. Such partnership must
guarantee that indigenous peoples are able to realize
their economic, social and cultural rights and obtain
culturally appropriate and equitable benefits, while
appreciating and mitigating the possible impacts that
a mining project could have on their communities.
Making Free, Prior and Informed Consent a Reality
“FPIC
means
realizing
one’s
economic, social and cultural rights
in the context of fully appreciating
that a project is being accepted by a
community with negligible negative
impacts, and that communities
will benefit from it. Meaningful
consultations that are [in] good faith
must [be] central to this concept and
not psychological coercion. FPIC has
to be grounded in the principle that a
community or a people have the right
to accept or turn down a project.”
Quote from Reinford Mwangonde
of Malawi, Africa
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