67 The spirit of FPIC: lessons from Canada and the Philippines 4 by ABBI BUXTON The spirit of FPIC is that development should become accountable to peoples’ distinctive cultures, priorities and unique paths to self-determination, not endanger their very survival. Joji Carino and Marcus Colchester (2010).1 Embracing the ‘spirit of FPIC’ means enabling genuine inclusion of indigenous peoples’ perspectives and values and recognising their rights to self-determination. In this article, I look at two case studies in which indigenous peoples participate in FPIC or FPIC-type processes. Both case studies are in the context of mineral mining, an industry which brings into stark contrast competing interests and views. Processes that allow for a diversity of views to be incorporated into mutually beneficial decision-making are therefore of the utmost importance. I begin the article by discussing each of the case studies in turn, first the Philippines and then Canada. In each case I explore the institutions supporting FPIC, and how they work in practice. Building on this analysis, I then draw out some lessons from the two case studies, reflecting on how institutions may be designed or redesigned to reflect the true spirit of FPIC. Legal recognition of FPIC: a case from the Philippines The Philippines is a country that suffers huge poverty (ranked 97th out of 169 countries in the 2010 Human Development Report) but also has enormous mineral wealth (estimated at US$3 trillion) – only 2% of which is currently explored. However, it is estimated that half of the area identified for mining development in the Philippines is subject to indigenous land claims (Holden, 2005). Institutions for FPIC The Philippines is one of the few countries in the world to have written FPIC into 1 Ms Carino is policy adviser at Tebtebba Foundation and an Ibaloi-Igorot from the Cordillera region of the Philippines. Marcus Colchester is Director of the Forest Peoples Programme.

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