that FPIC processes must go through all of the relevant
governance structures. The traditional authorities need to be
fully involved in FPIC discussions as decisions taken through
formal authorities often do not have the full participation of
the community. The company must deal with the elders,
the traditional authorities and various leadership structures
at different levels in the community. The manner in which
this engagement is to proceed should be determined by the
community itself. As a result the community must have the
space and time to develop these means of engagement and
communicate them to third parties.
In communities where traditional processes are no longer
practiced, have weakened or are inadequate to tackle
the matter at hand, indigenous communities may adopt
new forms of consultation and participation. These may
entail developing or strengthening traditional processes
or devising new processes. What is important is that the
community decides the way they choose to engage, and that
all concerned sectors of the community are able to contribute
their opinions.
Participation of women and youth
The interviews indicated that indigenous peoples view the
participation of women, in particular, as essential in the
FPIC process. This is because women possess valuable
traditional knowledge in relation to land, resources,
spirituality and local history. They are also among the most
vulnerable to the effects of mining due to their traditional roles
in providing for their families. Youth participation is likewise
seen as important, as any impacts will affect their future,
and could continue for generations. Indigenous peoples
need to be able to consider these impacts for current and
future generations as part of FPIC processes.
“The FPIC process should
be community-defined. The
community should be the one to
determine the process to follow
in arriving at FPIC, e.g. from the
household to the community
level. It is not necessarily
always the traditional process
of decision-making of the IPs,
e.g. by the elders, but it should
involve all concerned sectors
of the community in order to
arrive at a consensus of all
groups and so that everybody is
consulted. You need to ensure
the participation of the women,
youth and elders.”
Quote from Santos Mero,
Ibaloi, Philippines
“[Women] absolutely have
every right to participate as they
are a part of the community
and whatever transpires will
impact their families and future
generations. In KI, women were
at the forefront in the protection
of the lands and waters. They
also carried the instructions of
the past generations of the elders
into the corporate memory of the
community.”
The participation of women and youth in FPIC processes
should be ensured using indigenous peoples’ own
mechanisms. The manner of their participation is a decision
Quote from John Cutfeet,
for the community to take and can be realized through
KI, Canada
a process of dialogue with indigenous communities.
Indigenous representatives noted that in cases where
men dominate the traditional structures, flexibility is often
practiced at the community level in order to involve the whole community in decision-making on
whether to grant or withhold FPIC.
Engaging with genuine representatives of indigenous peoples
Indigenous interviewees were of the view that mining companies should exert due diligence to
understand how to engage with indigenous communities in order to seek their consent in accordance
with the communities’ laws and procedures. They described this as equivalent to the process which
companies have to go through to understand national laws and who has to provide consent under
those laws. It is the obligation of the company to ask the community who their representatives are,
how they are to be engaged with, and to respect these rules and structures in the context of seeking
FPIC. They should not use national laws as an excuse not to do this.
The people have the right to choose their own leaders and to designate their representatives in the
Making Free, Prior and Informed Consent a Reality
19