5. The appropriate bodies for companies to dialogue, and or negotiate, with should primarily be
defined by local indigenous authorities. To address company concerns in relation to competing
claims of different indigenous representative bodies, corporations should be guided by the
UN rights framework for the identification of indigenous communities, which includes selfidentification and identification by others. In practice inclusive and extensive cooperation with all
indigenous authorities and the participation of corporate representatives in initial open inclusive
and public dialogue with the community is one effective tool towards addressing this perceived
problem. Affected peoples and communities need to be identified in a manner that respects local
processes, customs and perspectives.
6. Corporations must adapt their existing internal decision-making processes to take account of
the need to engage with indigenous peoples’ processes of local dialogue and decision making.
Indigenous decision-making processes may often be of a more protracted nature than certain
aspects of corporate procedures. In addition indigenous modes of engagement may rely more on
oral communication and face to face discussions. As a result, successful and lasting outcomes
may frequently require a significant allocation of time and resources.
7. Corporations need to make provisions to address how the relative poverty, marginalization and
frequently oppressed status of many indigenous communities act as barriers to credible FPIC
processes. They should support efforts to partially redress this balance in a manner consistent
with the aspirations of the indigenous peoples, primarily where such requests emanate from
indigenous authorities. Funding should be made available for capacity building and access
to independent legal and technical advisers of a community’s own choosing. Companies will
have to be mindful of not influencing, or being perceived as influencing, the outcome of the
FPIC processes, so independent structures and oversight will be essential. To establish FPIC
processes it is essential that communications which serve to inform discussions are in locally
appropriate languages, and avoid overly technical language. Full access must also be accorded
for technical documentation and independent review mechanisms.
8. FPIC should be viewed as an indigenous governance process. Corporations, and all third parties
involved, need to guard against engagements that might be viewed as seeking to exert pressure
on community members or key office holders, or which unduly influence or corrupt outcomes
though offering incentives and rewards prior to local decision-making.
9. FPIC process must be broad based and include all indigenous peoples and communities whose
rights and environment are impacted. Impact areas have to be based on the social, cultural and
spiritual links to territories as well as the direct physical impact area.
10. Companies should operate under the presumption that there are rights holders over the land into
which they wish to enter and that prior engagement is required with them.
Recommendations to indigenous peoples
1. Indigenous peoples and communities need to take steps to prepare and strengthen their
structures in order to be better equipped to deal with external agents, such as corporations.
2. Indigenous peoples are advised to be proactive in asserting their rights in relation to extractive
and other projects. This should ensure, where possible, defining, agreeing and codifying the
decision-making processes of the community with regard to any FPIC process. They should
consider their position with regard to community development alternatives. This may involve
demanding the time and resources which communities deem necessary in order to establish
enabling conditions for FPIC such as: adequate capacity building, institution strengthening,
elaboration of indigenous defined FPIC processes, formal recognition of land and autonomy
rights, and the formulation of self-determined development plans.
3. Indigenous peoples collectively have a range of experiences in resisting, cooperating or
negotiating with, mining companies. They also had the empowering experiences of defining
their own protocols, conducting their own impact assessments and developing their own social,
cultural, environmental and economic baseline data. Indigenous groups who have had less
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Making Free, Prior and Informed Consent a Reality