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SUBANEN TRADITIONAL FPIC PROCESS

Source: http://www.insidemindanao.com/april2010/...

Date modified: Apr 25, 2019

Protocol

Taku River Tlingit First Nation Mining Policy

Source: http://trtfn.com/wp-content/uploads/2014...

Date modified: Apr 2, 2019

Protocol

60050046 Ki Protocols v2

Date modified: Mar 27, 2019

Protocol

3 shown of 3 entities

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  - Protocol 3
  - Court ruling 0
  - Report 0
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Sector
ANDOR
- No Label 3

Country
ANDOR
- North America 2
- No Label 1

Context and purpose
ANDOR
- b) Land demarcation (recognized / partially recognized / pending / no recognition) 3
- c) A component of a broader strategy of governance assertion 3
- f) Does the protocol have unique features that reflect the particular communities experience 3
- d) Historical context (are there general statements that reflect this history and perspective) 2
- e) Addressing inter/intra-community/people divisions or formalizing modalities of cooperation 2
- h) Does the protocol address processes for updating its contents 2
- g) Does the protocol describe the process for its development 1

Community governance
ANDOR
- a) Life plans (self-determined development) 3
- b) Territorial plans and boundaries 3
- e) Community history 2
- d) Community governance statutes 1

Preconditions
ANDOR
- b) Formal recognition of indigenous’ rights and governance structures 3
- e) Assertion of rights in relation to natural resources 3
- f) Concepts defined in the protocol (e.g. integral territory, culture, knowledge, sacred sites…) 2

Term definitions
ANDOR
- Consent 1
- No Label 2

Non-negotiables
ANDOR
- c) Affirmation of the right to decide (language used, yes/no, veto and supporting rationale) 3
- d) Agreement to the protocol as basis for consultations 3
- b) Rejection certain types of activities / impacts that are critical 2
- f) Circumstances that render consultations or consent void (e.g. creation of division, presence of armed groups, offers of money, threats…) 2
- e) Rejection of development project as exchange for recognition of land rights 1

Core principles
ANDOR
- d) Criteria in relation to indigenous knowledge 3
- a) Respect for land rights and indigenous governance 3
- g) Intercultural dialogue 3
- c) Criteria in relation to timeframes and processes 2
- e) Basis for right to decide and give or withhold consent 2
- f) Negotiation in certain (or all contexts) 2
- b) Good faith with elaboration of its implications 1

Protocol scope
ANDOR
- a) A statement of principles 3
- b) Establishes a process for negotiation of consultation procedures 3
- c) Does it seek to define the entire consultation process 3
- d) Does it address particular activities or is it all encompassing (projects, administrative or legislative measures etc and are these addressed separately?) 3

Legal frameworks invoked
ANDOR
- b) National laws/policies/jurisprudence 3
- d) Customary law 3
- a) International or regional instruments/jurisprudence 1
- c) Colonial laws 1

Interfaces with external institutions and organizations
ANDOR
- a) Municipal government 3
- b) Specific ministries 1

Internal groups or other peoples
ANDOR
- g) Future generations 2
- a) Other indigenous communities or peoples 1
- e) Broader society 1
- f) Deceased ancestors or spirits 1
- No Label 1

Scope of consultation
ANDOR
- b) Level of a people 3
- a) Single or multiple communities (of one people, or multiple peoples) 2

When to consult
ANDOR
- a) Triggers for consultation 3
- b) Reference to specific activities 1
- c) Reference to ESIAs 1
- d) Reference to multiple consultation points 1

Roles in decision-making process
ANDOR
- a) Role of representatives 3
- b) Role of community members 3
- c) The role of General Assemblies and other structures 3
- g) Participation of outsiders 3
- d) The role of leaders or chiefs in determining where and when assemblies are held 2
- e) The process of decision-making, discussion, consensus, voting. 2
- f) What is done in the absence of consensus 1

Conditions for consultation
ANDOR
- e) Role of indigenous knowledge 3
- f) Who will coordinate the meetings 4
- a) Location of meetings 3
- d) Decisions as to who to involve 3
- h) Actor how pasts costs for participation 3
- g) Freedom to invite third parties, including trusted specialists 2
- j) Rules in relation to recording and sharing of recordings 2
- b) Dates that coincides with community activities/calendar 1
- c) Language of consultations and choice of translators 1
- i) Absence of armed presence in the meetings (police, security or intelligence) 1

Nature and sequencing of consultation phases
ANDOR
- b) Initial approach 3
- d) Information meetings (content, where, with whom and partner participation) 3
- e) Internal meetings (actors involved, decision-making processes) 3
- a) Involvement in strategic planning 2
- c) Meetings for development of specific consultation plan in accordance with the protocol 2
- h) Does it establish fixed timeframes 2
- i) Rituals addressed 2
- g) Are there different processes envisaged for different types of projects/proposals 1

Language, naming and style
ANDOR
- b) as well as the language of the State 3
- e) is it referred to by some other term in indigenous or other language 2
- h) Is it a hybrid of customary law and western law 2
- d) Is it referred to as a “protocol” ? 1
- g) Is the style western legalistic 1

Who to consult
ANDOR
- a) Elders 3
- c) Leaders 2

Outcomes
ANDOR
- b) Conditions for agreements 3
- c) Content of agreements 3
- a) Implications of giving or withholding consent 2
- d) Agreement oversight and enforcement mechanisms 2

Actors addressed
ANDOR
- a) State actors addressed 3
- b) Corporate actors addressed 3

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