Indigenous Peoples FPIC Protocols

Indigenous Peoples FPIC Protocols

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Making Free, Prior and Informed Consent a Reality 33

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Table of contents

Introduction 5
Table of acronyms8
1: Status of the requirement for FPIC under international law9
International standards and the requirement for FPIC9
Specific standards pertaining to corporate engagement with indigenous peoples11
Content of FPIC under human rights law and standards4
2: Indigenous peoples’ perspectives on FPIC in the context of mining projects19
Definition of FPIC as a right, a process and a principle 19
Culturally appropriate FPIC processes4
Indigenous guidelines for FPIC implementation 22
Role of stakeholders in operationalizing FPIC25
Challenges faced by indigenous peoples26
3: Case Studies addressing indigenous peoples’ FPIC protocols28
Resguardo Indígena de Cañamono Lomaprieta, Riosucio y Supía Caldas, Colombia28
The case of the Subanen of Zamboanga Peninsula, Philippines31
Subanen Peoples’ Protocol: The Subanen Manifesto32
Kitchenuhmaykoosib Inninuwug (KI) First Nation – FPIC protocols as a means of resistance.34
Canadian negotiation approaches – building leverage for consent requirements38
4: Company perceptions of FPIC42
Interview Scope42
FPIC in corporate policy4
Corporate perspectives on FPIC operationalization45
Positive practices raised by companies 52
5: Company case studies55
Jabiluka – Rio Tinto / ERA and the Mirarr People55
SMI – Xstrata – Tampakan Copper-Gold Project4
Groote Eylandt – BHP / GEMCO and the Warnindilyakwa / Anindilyakwa people4
De Beers Canada – Victor, Gahcho Kue & Snap Lake projects and a commitment to engage with a First nation on the basis of its FPIC Protocol 65
6: International financial institutions and FPIC69
7: Conclusion and areas for further discussion71
Areas for further discussion72
8: General guiding principles and recommendations to mining companies, indigenous peoples, states, the financial sector, civil society organizations and the international community76
General principles to guide corporate and other actors 76
Recommendations to mining companies 77
Recommendations to indigenous peoples78
Recommendations to States79
Recommendations to the financial sector80
Recommendations to civil society organisations 80
Suggestions to the international community 80
Endnotes4
Author Biographies88

Making FPIC a Reality Report

Report

Date: May 31, 2013

Sector

Extractive: Coal mining
Extractive: Hydrocarbons (Oil & Gas)
Extractive: Metal Mining

Primary Documents

Making-FPIC-a-Reality-Report.pdf
English
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