l Community protocols and free, prior informed consent – overview and lessons learnt 33
The Raika are the largest pastoral community of western Rajasthan in north-west India. The Raika BCP is
thought to be the first BCP ever completed by livestock keepers. It was developed with the support of
international NGO Natural Justice and Lokhit Pashu-Palak Sansthan (LPPS).
Recognising the power to veto
As noted by Ramdas, indigenous communities may not want to participate in an
ABS agreement if it means commoditising
their resources and knowledge which are
sustained through a collective, spiritual
relationship, or losing resources which are
vital for their health and survival. In
Cameroon (Lewis and Nkuintchua),
communities were informed that they can
give, refuse or withdraw their consent for
the whole project or certain activities at any
time. This was empowering as being
explicit about their right to refuse made the
negotiation with outsiders more equal.
Conversely, if communities are denied
the right to veto, FPIC becomes a tool
which merely facilitates resource development, rather than giving traditional
communities the capacity to decide
whether or not to participate on a caseby-case basis. Australia’s Native Title Act,
which brought the right to negotiate with
mining companies, but not to veto development, has brought millions of dollars to
indigenous people. But evidence remains
mixed and ambiguous as to whether this
has resulted in any improvement in social
or economic well-being of the communities in question. Not having the power to
veto also limited their bargaining power
when negotiating with companies
(Ritter).
Avoiding misunderstandings
Ensuring that communities fully understand the information provided about the
proposed activity is critical for FPIC to be
meaningful. The FPIC forms in Lewis and
Nkuintchua provide questions to check
community understanding of the objectives of the project, the benefits of
participation and the potential risks. If any
of the answers demonstrate a lack of
understanding, these aspects have to be
explained again until the answers demonstrate full understanding.
A good relationship between those seeking consent and the community is
important for avoiding misunderstanding.
If there is no previous relationship, FPIC
could be refused or granted simply because