Indigenous protest to stop construction at OceanaGold’s Dipidio Mine, Philippines. Photo: Andy Whitmore. In the Filipino context, environmental, social and human rights impacts resulting from poor mining practices, both historical and contemporary, have undermined the industry’s reputation. This presents challenges for companies committed to responsible minerals development when seeking to gain FPIC in the country. Where a mining project has been in development over a long period and the companies involved have changed, the current implementers may face legacy issues arising prior to their involvement. This is particularly true in cases where there is a history of opposition by parts of the community. Communities may also be concerned about the status of past agreements, or may wish to reconsider or renegotiate with the current proponents. Companies which need to explore prior to final decisions on mining often invest in community development projects prior to, or during, extended FPIC decision-making processes. This can be seen by some in the community as potentially influencing the outcome of indigenous FPIC decisionmaking processes.163 For corporations involved in seeking FPIC for exploitation in contexts where there is a history of strong opposition by some in the community, the substantial expenditure prior to reaching any agreement to proceed is an additional risk. This community level risk is heightened where there is opposition by other impacted groups, and is equivalent to political risk at the national level. Making Free, Prior and Informed Consent a Reality 59

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