a) recognize the existence of indigenous peoples in accordance with international criteria;
b) recognize their territorial, property, cultural, religious and self-determination and governance
rights, including their right to practice their customary laws and maintain and develop their
traditional authorities;
c) require indigenous peoples’ FPIC when developments, such as mining projects in or near
their territories, potentially impact on their enjoyment of these rights.
4. Review the broader national regulatory framework, in consultation with indigenous peoples,
including that pertaining to mining and environmental impact assessments, in order to render
it consistent with indigenous peoples’ rights, the principles of non-discrimination and access to
information, and any other safeguards necessary to secure these rights.
5. Ensure that adequate and culturally appropriate grievance mechanisms are available to indigenous
peoples, through which they can address allegations of State and corporate violations of their
rights, including their decision-making rights over developmental activities in their territories.
6. Guarantee that where indigenous peoples wish to do so they are accorded the necessary
time and space to formulate their own FPIC protocols or policies. Where these exist commit to
respecting, and requiring corporate respect of, their contents.
Recommendations to the financial sector
1. Engage in a comprehensive dialogue with indigenous peoples to better understand the issues
they face and in order to understand how indigenous peoples seek to operationalize FPIC.
2. Ensure that their clients have policies in place which adhere to the principles of the UN Declaration,
including the requirement for FPIC
3. Require rigorous due diligence regarding the potential impact of projects on the rights of
indigenous peoples and support efforts to provide credible independent monitoring.
4. Ensure that clients indicate whether Indigenous Peoples will be impacted by proposed mining
projects and, if this is the case, have obtained or commit to obtaining their FPIC prior to concession
issuance and project commencement. Failure to obtain an impacted indigenous community’s
FPIC should constitute grounds for disinvestment.
Recommendations to civil society organisations
1. NGOs, academics and other civil society organisations can play an important supporting role,
under the guidance and direction of indigenous peoples:
a) in addressing the resource constraints faced by indigenous peoples in the context of
information sharing and capacity building;
b) in the oversight of FPIC processes and assisting in ensuring that independent and effective
grievance systems exist, and that adequate remedies are available, to address violations
of indigenous rights;
c) by acting as a repository of FPIC experiences, in cases where they have involvement in
oversight and monitoring, which can serve to inform international organizations concerned
with the further elaboration of the human rights framework as it pertains to corporate and
State actors.
2. Meaningful indigenous participation is essential where civil society bodies initiate processes to
dialogue with the industry in relation to FPIC.
Suggestions to the international community
1. Given the limited confidence which many indigenous peoples may have in State institutions and
the mining industry, the international community has a constructive role to play in supporting
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Making Free, Prior and Informed Consent a Reality