a lack of prior consultation with indigenous peoples in relation to its drafting. The mandatory prior consultation requirement under ILO Convention 169 has not been complied with in the issuance of mining concessions covering indigenous territories. The legal step of requesting their annulment on these grounds is still outstanding due to the potential risk to the lives of those pursuing such an action. In communities where indigenous peoples are strong, companies have been unable to enter without their consent. The lack of prior consultations with the impacted peoples and denial of their decision-making rights is however resulting in escalating levels of conflict. It has been accompanied by the widespread deployment of paramilitary groups, killings of and threats to the lives of indigenous leaders. In this regard Colombia is a clear example the impacts which the pursuit of a non-consensual based model of mining can have in the context of fragile States affected by armed conflict. The Resguardo communities became aware that mining concessions had been granted in their territories following helicopter exploration flyovers conducted by Canadian junior Colombian Gold Field, without the consultation or consent of Resguardo authorities. Two years ago, alleged representatives of Canadian company Medoro Resources (now merged with Gran Colombia Gold) entered the Resguardo territory and attempted to take some samples, but were detained by the Resguardo’s indigenous guard and did not return. On further investigation of the status of mining concessions in their territories the Resguardo communities discovered that all of their territory was effectively covered by mining applications, with 48 concessions already issued, one of which belonged to Anglo Gold Ashanti. Anglo Gold Ashanti have subsequent committed to obtaining the communities’ consent prior to commencing any operations and suggested that they should ensure their territories are registered on the government official geological maps. The Resguardo’s Indigenous guard – here seen learning about the Resguardo’s mining processes -- holds the special responsibility of patrolling the territory and ensuring that the Resguardo’s consent protocol is enforced. Photo: Viviane Weitzner. Making Free, Prior and Informed Consent a Reality 27

Select target paragraph3