the process of seeking consent and in the mechanisms to address grievances associated with those processes. At the local level grievance mechanisms must, as a result, be consistent with indigenous peoples customary laws and practices and be established with their consent. In addition to such local customary law based monitoring mechanisms, the recommendation that States should allow international monitoring to address community complaints in relation to FPIC implementation emerged from the international expert group meeting on extractive industries, indigenous peoples’ rights and corporate social responsibility.105 The meeting also suggested that the United Nations Permanent Forum should facilitate the establishment of an FPIC monitoring body, which would be comprised of ‘independent figures, including Indigenous Peoples, who enjoy the respect and confidence of indigenous communities’.106 The precise composition of such an independent structure would need to be case specific and acceptable to the parties involved. FPIC and conflict zones The 2004 report of the World Bank’s Extractive Industry Review cautioned against the pursuit of extractive operations in contexts of ‘armed conflict or of a high risk of such conflict’.107 In his survey of extractive projects in indigenous territories the Special Rapporteur received submissions indicating that some of these projects were resulting in violence against indigenous leaders, ‘political instability, violent upheavals and the rise of extremist groups in indigenous areas’.108 The UN Declaration requires that: Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned.109 The deployment of military and para-military forces in indigenous territories is consequently not justifiable on the basis of protecting the private interests of an extractive cooperation. Corporate due-diligence should assess the need for such forces as part of their operations and if these are deemed necessary, obtain the FPIC prior to their deployment, or cancel or suspend any activity in that area until the situation if fully stabilized. The deployment of military or para-military forces in indigenous peoples’ territories without the free agreement of indigenous peoples renders it extremely challenging, if not impossible, to subsequently obtain ‘free’ consent to proposed development projects in those territories. 16 Making Free, Prior and Informed Consent a Reality

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