FPIC negotiations, without interference from companies, the State or other actors. These may be
traditional elders or they may be representatives selected and authorized by the community for the
specific purpose of negotiating with the company on the terms, conditions and conduct of FPIC.
Indigenous guidelines for FPIC implementation
Points in the development process when should FPIC be obtained
It was pointed out that the UN Declaration on the Rights of
Indigenous Peoples (UN Declaration) recognizes FPIC at the
“Companies, working in our
level of policies or laws, programs and projects. Thus, before the
country act in compliance with
government initiates an FPIC process at a project level, there should
national legislation. If those
be FPIC at the policy and program levels. Indigenous peoples’
laws don’t protect indigenous
would have to give consent for their territories to be designated as
mining areas, before the government can even consider entering
peoples’ rights, the companies
into investment agreements with, or issuing mining concessions,
will ignore them but still look
exploration permits or licenses to, mining companies. Both the
like they are not doing anything
State authorities and mining companies would need to exert due
against the law. If they are bound
diligence to ensure that there is FPIC before the issuance of a
by criteria of international
mining concession in indigenous peoples’ areas.
donors or certifications, they
attempt to reach consent with
Many representatives argued that it makes a good case in the
moral and cultural sense, as well as in the business sense, to seek
local communities, otherwise,
FPIC at the earliest time possible. Consultations need to be done
they don’t.”
at the very early inception and planning stages of a mining project
Quote from Valentina
as an investment or insurance against future risk. Even before
Semyashkina, Izvatas from
entering indigenous territory, the company would have to talk to
Komi Republic, Russia
the people to explain what it is they plan to do. The earlier they do
it, the easier it is for them to develop good faith in any subsequent
negotiations.
FPIC should be an on-going and iterative process, and should be obtained at every major step of
the mining development process, for instance from exploration, to feasibility, operation and postoperation. A major step would be defined as one which has a potential impact on an indigenous
communities’ enjoyment of their rights. The community and the company would have to negotiate
different conditions and requirements for each stage.
The indigenous representatives expressed the view that FPIC is non-transferrable, and is not for
sale at any point in the mining process. If a company pulls out of a project, this would signify
abandonment. If another company takes over or buys the project or company, this should require
another FPIC process to be negotiated between the community and the new entity. They regarded
this as necessary to protect indigenous peoples from concessions being acquired by companies
with a poor track record in relation to respect for indigenous peoples’ rights, and to negotiate the
terms of agreements with the new entity.
Extent of FPIC consultations
Indigenous interviewees emphasized that FPIC processes must include all the indigenous communities
to the extent in which impacts occur in their territories. Indigenous representatives pointed out that
the communities are the only ones who can assess the extent of most social, cultural, spiritual and,
certain types of, economic impacts. All indigenous communities directly and indirectly affected would
need to be included in the FPIC process. Particular emphasis was placed on this in contexts where
projects may impact on water resources or culturally significant areas. FPIC is also an indispensable
requirement for all projects involving relocation of indigenous peoples.
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Making Free, Prior and Informed Consent a Reality