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
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