l The spirit of FPIC: lessons from Canada and the Philippines 71 Canada (AANDC – a federal government agency), who retains the ultimate authority on land and resource use. There are cases where this process has led to the prevention of a mining project, for example, a proposed uranium mine at Screech Lake. To date, there has not been a case where the minister has overturned a decision by the boards. By no means are these institutions perfect. Critics point to the continuance of Euro-Canadian, bureaucratic decisionmaking structures, heavily reliant on written rules, complex documentation (all in English) and hierarchal structures. These conflict with the informal processes, oral communication and egalitarian structures that are more common in aboriginal communities. As one First Nations participant commented (Fitzpatrick et al., 2008): The opportunity is provided to participate … but that participation is conditional on people being able to act like western bureaucrats, and that is the real problem. However, what these institutions seem able to embrace is a flexibility that allows them to evolve and better reflect indigenous perspectives – and thereby challenge these Euro-Canadian structures. For example, in a review of consultations under the Snap Lake Diamond project, unplanned technical sessions were organised to orally discuss specific issues coming out of the consultations (with each issue given two days and overseen by an independent moderator). These were found to be the best way to achieve consultation leading to a joint decision with face-to-face dialogues and open discussions between the mine proponent’s experts and the aboriginal government representatives, civil society and federal government (Fitzpatrick et al., 2008): …when you get to the technical sessions where you have the proper people there to discuss issues you get resolution so much quicker, and you can see where people stand on the issues, and as a whole, you can get all the parties involved, and I see that as being much more effective (Interview 6). These sessions were not part of the legislation but simply adopted by the MVRMA Board, reflecting the values of that representative board and the flexibility of the institutions to achieve effective participation. Analysis and recommendations Canada is not a case of FPIC but provides important lessons as to how it might be possible to achieve the ‘spirit of FPIC’. Implementing FPIC requires flexibility of institutions rather than legislative definition. To implement the ‘spirit of FPIC’ institutions need to be flexible to incorporate bottom-up design, dynamic cultural processes and political pressures. Both the NCIP in the Philippines and the MVRMA in Canada are examples of top-down institutional design that prioritise efficiency and risk disempowering local communities. The Philippines case shows clearly that a legal right to FPIC is not sufficient and can in fact have negative impacts where the government feels the need to engineer consent in order to comply with the law. On the other hand, the creation of new bodies for participation in Canada has in itself been a process of empowering civil society and local indigenous groups in decisions affecting their land. The structures themselves, such as the MVRMA, represent a change in power relations in which indigenous groups, and their knowledge and values, are equally represented. Flexibility is integral to allowing the dynamic processes of FPIC to empower local communities through ‘social learning’ – whereby people reflect the behaviours of the social context they operate in. There remain difficulties with the Canadian system in cases where decision-making practices continue to be based on western framings that focus on efficiency and ration-

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