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MOU-Signed-201107084.pdf).
http://www.fnbc.info/lutsel-ke-dene-first-nation-nwt-recognized-inspirational-effort-determine-its-future;
see
also
AKAITCHO
CONSERVATION INITIATIVES FACT SHEET Background information and key messages for ENGOs wishing to support / promote
Akaitcho Conservation Initiatives Prepared by Stephen Ellis on August 14, 2006 available at http://www.borealbirds.org/landnov07/Aka
itchoConservationInitiativeFactSheetForENGOs(11Aug2006).pdf.
Fee simple is defined as an absolute claim to land which is free of any competing claims against the title.
http://www.daair.gov.nt.ca/_live/pages/wpPages/TlichoAgreementsHighlights.aspx.
Also in the top seven are Vale (CVRD, Brazil), Shenhua (China) and Suncor (Canada); followed by Barrick (Canada), Freeport McMoRan
(USA) and NMDC (India); source: www.mineweb.com, Jan. 2010.
Samancor Holdings owns GEMCO. Anglo American has a 40% share in Samancor Holdings while BHP owns the remaining 60% and
maintains management control.
Rio Tinto Community agreements guidance (2012), 14-5 referencing IFC guidance note 7 para GN 27.
De Beers Group Community Policy’ January 2012 (1999, Rev 2).
De Beers Canada Inc Policy and Procedure No. AA.AD.01.01 (2008).
Anglo American Socio-Economic Assessment Tool Box (SEAT), at 134.
BHP Billiton Sustainability Report (2011) at 20.
BHP Billiton SustainabilityFramework, at. 9.
ICMM Good Practices June 2012.
AngloGold Ashanti Sustainability Report (2011) at 30.
V Weitzner An evaluation of CSR instruments through the lens of Indigenous and Afro-Descendent Rights North South Institute (North
South Institute, 2012) at 67.
G Gibson ‘Free, Prior, and Informed Consent in Canada A summary of key issues, lessons, and case studies towards practical guidance
for developers and Aboriginal communities’ (Boreal Leadership Council, 2012) at 30-4.
ICMM International Council on Mining and Metals Good Practice Guide Indigenous Peoples and Mining’ Guidance 2010-3 (London:
ICMM, 2010), 23 & 24.
IMining and Indigenous Peoples Issues Roundtable: Continuing a Dialogue between Indigenous Peoples and Mining Companies IUCNICMM Dialogue on Mining and Biodiversity Sydney, Australia (Sydney: IUCN-ICMM, 2008)
ICMM International Council on Mining and Metals Good Practice Guide Indigenous Peoples and Mining’ Guidance 2010-3 (London:
ICMM, 2010), 23 & 24.
Ibid. at 24.
Ibid. at 24; see also ICMM Position Statement, Mining and Indigenous Peoples Issues released May 2008.
Business Reference Guide on the UN Declaration on the Rights of Indigenous Peoples (Global Compact, 2013) at 25
Martin Rodriguez is the president of the Associación Rey Quibian – a civic association formed to represent the Ngobe of the area to
outsiders, and the leader of his community – Nueva Lucha. He also has the authority and respect in the two other communities of Nueva
Sinai and Petaquilla. According to Professor Daviken Studnicki-Gizbert, he and others who visited the area, perceived Martin Rodriguez
to be a representative of the people’s own choosing based on their conversations with community members. The company on the other
hand holds that Martin Rodriguez only represents a minority of families within his community.
GundjeihmiAboriginal Corporation (GAC) Submission to Senate Committee Inquiry into the Environmental Regulation of Uranium
Mining August 2002 p8; Not Talking About Mining: The History of Duress and the Jabiluka Project (Gundjehmi Aboriginal Corporation,
1997); Mirarr fighting for country Fact File (GAC 1999).
Indigenous Peoples of the Philippines National Shadow Report Discrimination Against Indigenous Peoples of the Philippines. Submission
to the UN Committee on the Elimination of all forms of Racial Discrimination, 75th Session, August 2009.
See for example Subanon of Mt Canatuan submission to UN CERD (2007) and supporting statements of over 100 indigenous
communities throughout Mindanao and the remainder of the Philippines; Concluding Observation of the UN CERD to the Philippines
Government, 2009 available at http://www2.ohchr.org/english/bodies/cerd/cerds75.htm.
Rodolfo Stavenhagen, Human Rights and Indigenous Issues in the Philippines, Report for 59th UN Commission on Human Rights,
Geneva, 2003; Concluding Observation of the UN CERD to the Philippines Government, 2009; Norwegian OECD NCP Final Statement
regarding Intex Resources in Mindoro the Philippines, 2011, http://www.regjeringen.no/upload/UD/Vedlegg/ncp/intex_final.pdf; IFC
Compliance Advisory Ombudsman report, Philippines Mindoro Resources, 2011, http://www.cao-ombudsman.org/cases/case_detail.
aspx?id=176.
Norwegian OECD NCP Final Statement regarding Intex Resources in Mindoro the Philippines, 2011, http://www.regjeringen.no/upload/
UD/Vedlegg/ncp/intex_final.pdf.
At some point after 1976 leases that were not being activity mined were passed into moratorium.
http://www.nt.gov.au/d/Minerals_Energy/Content/File/pdf/Factsheet_and_Flowchart_16032007.pdf
For an overview of the consent requirements under the Act see M Rumler ‘Free, prior and informed consent: a review of free, prior and
informed consent in Australia’ (Oxfam Australia, 2011).
Corbiere v. Canada (Minister of Indian and Northern Affairs), [1999] 2 S.C.R. 203 available at http://scc.lexum.org/decisia-scc-csc/scccsc/scc-csc/en/item/1704/index.do.
Gibson Free, Prior, and Informed Consent in Canada A summary of key issues, lessons, and case studies towards practical guidance
for developers and Aboriginal communities’ (Boreal Leadership Council, 2012) at 21; see also B N M Crawford The Victor Project: A
Diamond Mine in Northern Ontario The Mining Controversy An Awareness and Education Kit for Ontario Grade 7 (2006) at 32 stating
that there were 1 600 members eligible to vote. Out of 315 people who voted, 268 were in favour and 47 were opposed.
P Siebenmorgen ‘Developing an Ideal Mining Agenda: Impact and Benefit Agreements as Instruments of Community Development in
Northern Ontario’ A Thesis Presented to The Faculty of Graduate Studies of The University of Guelph (2009).
The correlation between high poverty with low institutional capability was noted. As a result of this low institutional capacity it was
suggested that the community might not be in a position to fully understand the implications, to ensure long term sustainable benefits
following mine closure and to monitor the project operations see http://www.wildlandsleague.org/attachments/striking%20it%20poor.pdf.
http://www.theglobeandmail.com/news/politics/attawapiskats-woes-spark-debate-about-whats-wrong-on-canadas-reserves/
article2255952/.
See http://reviewboard.ca/registry/project_detail.php?project_id=37&doc_stage=10.
Lutsel K’e Dene First Nation Closing Statement to MacKinsey Valley Review Board De Beers Canada Inc. – Gahcho Kue Diamond Mine
– EIR0607-001 [2006] December 21st 2012 http://www.reviewboard.ca/registry/project.php?project_id=37; see also Lutsel K’e Dene
First Nation Sustainable Development based on Denesoline Beliefs and Traditions Presentation to the MVEIRB Panel on the Proposed
De Beers Gahcho Kue Diamond Mine http://www.reviewboard.ca/upload/project_document/EIR0607-001_LKDFN_Presentation_
shown_at_Dec_7_public_hearing.PDF.
De Beers Canada Inc. Gahcho Kué Project Final Written Argument December 31, 2012 http://www.reviewboard.ca/upload/project_
document/EIR0607-001_De_Beers_Canada_Closing_Argument.PDF.
De Beers’ 2012 letter to First Nation X, on file with author.
ibid.
Update of IFC’s Policy and Performance Standards on Environmental and Social Sustainability, and Access to Information Policy 8 (April
14, 2011); IFC Performance Standard No 7 (2012).
Making Free, Prior and Informed Consent a Reality
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