FPIC in corporate policy Official positions on FPIC – policy and public statements The UN Special Rapporteur on the rights of indigenous peoples has clarified that extractive companies should ‘as a matter of company policy, endeavour to conform their behaviour at all times to relevant international norms concerning the rights of indigenous peoples’. Recent years have seen important developments in terms of their public commitments of some mining companies to seek or obtain indigenous peoples’ consent. From a policy perspective within the mining sector, Rio Tinto and De Beers are notable examples with stated commitments to seeking indigenous peoples’ free prior and informed consent. Rio Tinto’s 2012 Community agreement guidance states that it seeks to: operate in a manner that is consistent with the [UN Declaration]. In particular, we strive to achieve the Free, Prior, and Informed Consent (FPIC) of affected Indigenous communities as defined in the 2012 International Finance Corporation (IFC) Performance Standard 7 and supporting guidance.142 De Beers 2012 Group Community Policy states that it is committed to: [r]especting community governance and always seeking a community’s free and informed consent prior to initiating any significant operations that will have a substantial impact on their interests.143 In its 2008 policy, De Beers Canada Inc requires consent at the exploitation phase, and defines it as: mean[ing] that a community is to be consulted, and is free to make its own decision and give its consent without outside influence, in a sufficiently timely manner ahead of a final decision in time to influence that decision, that it has sufficient information upon which to base its decision, and that its consent is required before a significant development or activity such as mining may go ahead. This means a community has the right of veto before mining development can take place.144 Disclaimer: De Beers Canada Inc. revised its policy early in 2013. It now makes reference to ‘Free Prior and Informed Consultation’. The document was not public at the time of printing this report. The quotes from the De Beers representative included in the section below are from an interview conducted prior to the adoption of this revised policy. As a result all the references to De Beers in the report are historical and do not necessarily reflect current policy or positions. In July 2012, Anglo American acquired 80% ownership of De Beers, which now represents one of the four business units within Anglo American. Anglo American Socio-Economic Assessment Tool Box offers a qualified support for recognition of the consent requirement, stating: Anglo American does not have a policy that grants indigenous peoples Free, Prior Informed Consent, but it supports the notion where the relevant government authority has granted or recognized the rights of indigenous peoples.145 Xstrata states that it seeks: to maintain broad based ongoing community support … including, where relevant, free prior informed consent. The ‘relevant’ circumstances are not specified. Xstrata points out that it publicly reports on its adherence to ICMM’s principles and was an active participant in the development of ICMM’s new standard on indigenous people. Xstrata’s public commitment to obtaining FPIC for relocation at its Tampakan project has to be viewed within the context of the Philippine legislative requirement for FPIC. BHP Billiton commits to obtaining ‘broad community support’, but holds that this is distinct from FPIC,146 which it currently regards as ‘only required where it is mandated by law.’147 Inmet was mentioned by the ICMM as a possible case to consider. Inmet does not have a policy requiring consent but has committed to obtaining it for resettlements of indigenous and campesino people at its Cobre Panama project.148 Efforts were made to include the case, however divergent Making Free, Prior and Informed Consent a Reality 41

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