Preface
Free, prior and informed Consent (FPIC) is a mechanism that safeguards the individual and collective
rights of indigenous and tribal peoples, including their land and resource rights and their right to
self-determination. Leading natural resource companies and industry associations have committed
to FPIC in their policies or other guidance documents. Civil society is tracking policy developments
and progress towards implementation, including in reports by Oxfam and Human Rights Watch.
In 2012, RESOLVE, Newmont, BG Group, Oxfam and other companies and civil society organizations
established the FPIC Solutions Dialogue for this purpose – to learn from site-based experience, work
together on test cases, and develop guidance and tools to help operationalize FPIC in practice. With
a focus on implementation, Newmont offered the experience at its Merian Mine in Suriname as an
opportunity to gain new insights, identify lessons, and improve practice.
RESOLVE, with input from Newmont, planned this project on the understanding that exploration and
community engagement was initiated more than 10 years earlier, and that the company’s approach
had evolved since that time. RESOLVE convened an Expert Advisory Panel to look at issues relevant
to operationalizing FPIC at Merian. The Panel reviewed materials, talked with Newmont
representatives, and visited the site. We worked with the company to understand the site context,
and visited several local communities to hear their views and concerns regarding the Merian Mine
and their experience of engaging with the company.
The report’s primary purpose is to serve as a resource for Dialogue members, Newmont, and the
others interested in operationalizing FPIC. It is a snapshot, not an exhaustive, in-depth analysis. The
report’s strength lies in its ability to draw on the different experiences and orientations of the
panelists – law, social science, human rights, advocacy, policy, and community engagement.
The Panel worked closely with Newmont but had independence with regard to findings. While the
Panel agreed in full on its findings and recommendations, on occasion panelists had different
viewpoints, resulting in useful debate. Deanna Kemp is owed a debt of gratitude for her willingness
to take the lead pen, and present the ideas we shared in our drafts and discussions.
It was an honor to work together as a Panel, and with those who participated from Newmont, the
Pamaka Negotiating Committee established by Pamaka leaders, and community members who
welcomed us during our visit. The Panel is also grateful to our local translation team, who helped us
to listen and learn.
Lessons from the report have been, and will continue to be, discussed with members of FPIC
Solutions Dialogue. RESOLVE is hopeful that the information provided in the report – positive
examples and challenges – will stimulate discussion among Dialogue members that leads to the
development of additional guidance for companies, communities and governments.
Stephen D’Esposito
President, RESOLVE
April, 2017
FPIC Solutions Dialogue website: http://solutions-network.org/site-fpic/
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