Indigenous Peoples FPIC Protocols

Indigenous Peoples FPIC Protocols

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Natural Justice
Mar 27, 2019
Non-Governmental Organisation

Natural Justice: Lawyers for Communities and the Environment is a young and fast-paced non-profit organisation specialising in environmental and human rights law in Africa – in pursuit of social and environmental justice.

As a team of pioneering lawyers and legal experts we offer direct support to communities impacted by the ever-increasing demand for land and resources, conduct comprehensive research on environmental and human rights laws and engage in key national and international processes.

https://naturaljustice.org/#
Amerindian Peoples Assiciation
Mar 27, 2019
Indigenous Peoples Organisation (IPO)

The Amerindian Peoples Association (APA) is a non-governmental Indigenous Peoples organization in Guyana.

Membership of the APA is made up of Units throughout the country, currently amounting to close to eighty such units. The Association is led by an Executive Committee comprising the President, Vice-President, Secretary, Treasurer, Assistant Secretary/Treasurer, eleven regional representatives, a women’s representative and a youth representative.

The APA has a central office in Georgetown which is staffed by persons from interior communities who carry out the daily functions of the organization and who provides the link between what is happening in the communities and what is happening at the national and international levels.

http://apaguyana.weebly.com/about-us.htm...
Amerindian Peoples Association (APA)
Mar 27, 2019
Indigenous Peoples Organisation (IPO)

The Amerindian Peoples Association (APA) is a non-governmental Indigenous Peoples organization in Guyana.

Membership of the APA is made up of Units throughout the country, currently amounting to close to eighty such units. The Association is led by an Executive Committee comprising the President, Vice-President, Secretary, Treasurer, Assistant Secretary/Treasurer, eleven regional representatives, a women’s representative and a youth representative.

The APA has a central office in Georgetown which is staffed by persons from interior communities who carry out the daily functions of the organization and who provides the link between what is happening in the communities and what is happening at the national and international levels.

http://apaguyana.weebly.com/about-us.htm...
Inuit Tapiriit Kanatami
Mar 26, 2019
Indigenous Peoples Organisation (IPO)

Inuit Tapiriit Kanatami (Inuktitut syllabics: ᐃᓄᐃᑦ ᑕᐱᕇᑦ ᑲᓇᑕᒥ, literally "Inuit United with Canada") is a nonprofit organization in Canada that represents over 60,000 Inuit. It was founded in 1971 by Tagak Curley as the Inuit Tapirisat of Canada (or in English, Inuit Brotherhood) in Edmonton, Alberta. It has been headquartered in Ottawa, Ontario since 1972. It grew out of the Indian and Eskimo Association that was formed in the 1960s.

www.itk.ca/
National laws/policies/jurisprudence
Mar 20, 2019
Legal framework invoked
Subanon people
Mar 20, 2019
Indigenous People

Subanon (also spelled Subanen or Subanun) is a tribe indigenous to the Zamboanga peninsula area, particularly living in the mountainous areas of Zamboanga del Sur and Misamis Occidental, Mindanao Island, Philippines. The Subanon people speak the Subanon language. The name means "a person or people of the river."[1] These people originally lived in the lowlying areas. However, due to disturbances and competitions from other settlers like the Muslims, and migrations of Cebuano speakers to the coastal areas attracted by the inviting Land Tenure Laws, further pushed the Subanen into the interior.[2][3]

Subanons generally refer to themselves as a whole as the gbansa Subanon, meaning “the Subanon nation”. They distinguish themselves from each other by their roots or point of origin. These are based on names of rivers, lakes, mountains, or locations.

    Wikipedia
    Constitutional Court of Columbia
    Mar 19, 2019
    Remedy mechanism

    The Constitutional Court of Colombia (Spanish: Corte Constitucional de Colombia) is the supreme constitutional court of Colombia. Part of the Judiciary, it is the final appellate court for matters involving interpretation of the Constitution with the power to determine the constitutionality of laws, acts, and statutes.

    The court was first established by the Constitution of 1991, and its first session began in March 1992. The court is housed within the shared judicial complex of the Palace of Justice located on the north side of Bolívar Square in the La Candelaria neighbourhood of Bogotá.

    The Constitutional Court consists of nine magistrates who are elected by the Senate of Colombia from ternary lists drawn up by the President, the Supreme Court of Justice, and the Council of State. The magistrates serve for a term of eight years. The court is headed by a President and Vice President.

    read more

    http://www.corteconstitucional.gov.co/
    Good faith
    Mar 18, 2019
    Definition

    Good faith (Latin: bona fides), in human interactions, is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. While some Latin phrases lose their literal meaning over centuries, this is not the case with bona fides; it is still widely used and interchangeable with its generally accepted modern-day English translation of good faith. It is an important concept within law and business. The opposed concepts are bad faith, mala fides (duplicity) and perfidy (pretense). In contemporary English, the usage of bona fides is synonymous with credentials and identity. The phrase is sometimes used in job advertisements, and should not be confused with the bona fide occupational qualifications or the employer's good faith effort, as described below. Read more

    Criteria in relation to indigenous knowledge
    Mar 18, 2019
    Core principles
    Broader society
    Mar 18, 2019
    Internal groups or other peoples
    Concepts defined in the protocol
    Mar 18, 2019
    Precondition

    Are concepts defined in the protocol? (e.g. integral territory, culture, knowledge, sacred sites…)

    Other actors addressed
    Mar 13, 2019
    Actors addressed
    Civil society actors addressed
    Mar 13, 2019
    Actors addressed
    National or regional indigenous organizations addressed
    Mar 13, 2019
    Actors addressed
    Corporate actors addressed
    Mar 13, 2019
    Actors addressed
    State actors addressed
    Mar 13, 2019
    Actors addressed
    Rituals addressed
    Mar 13, 2019
    Nature and sequencing of consultation phases
    Fixed timeframes
    Mar 13, 2019
    Nature and sequencing of consultation phases
    Different processes envisaged for different types of projects/proposals
    Mar 13, 2019
    Nature and sequencing of consultation phases
    Follow up meetings (for additional information)
    Mar 13, 2019
    Nature and sequencing of consultation phases
    Internal meetings (actors involved, decision-making processes)
    Mar 13, 2019
    Nature and sequencing of consultation phases
    Information meetings (content, where, with whom and partner participation)
    Mar 13, 2019
    Nature and sequencing of consultation phases
    Meetings for development of specific consultation plan in accordance with the protocol
    Mar 13, 2019
    Nature and sequencing of consultation phases
    Initial approach
    Mar 13, 2019
    Nature and sequencing of consultation phases
    Involvement in strategic planning
    Mar 13, 2019
    Nature and sequencing of consultation phases
    Rules in relation to recording and sharing of recordings
    Mar 13, 2019
    Conditions for consultation
    Absence of armed presence in the meetings (police, security or intelligence)
    Mar 13, 2019
    Conditions for consultation
    Actor who pays costs for participation
    Mar 13, 2019
    Conditions for consultation
    Freedom to invite third parties, including trusted specialists
    Mar 13, 2019
    Conditions for consultation
    Who will coordinate the meetings
    Mar 13, 2019
    Conditions for consultation
    Role of indigenous knowledge
    Mar 13, 2019
    Conditions for consultation
    Decisions as to who to involve
    Mar 13, 2019
    Conditions for consultation
    Language of consultations and choice of translators
    Mar 13, 2019
    Conditions for consultation
    Dates that coincide with community activities/calendar
    Mar 13, 2019
    Conditions for consultation
    Location of meetings
    Mar 13, 2019
    Conditions for consultation
    What is done in the absence of consensus
    Mar 13, 2019
    Roles in decision-making process
    Process of decision-making, discussion, consensus, voting.
    Mar 13, 2019
    Roles in decision-making process
    Role of community members
    Mar 13, 2019
    Roles in decision-making process
    Role of representatives
    Mar 13, 2019
    Roles in decision-making process
    Organizations
    Mar 10, 2019
    Who to consult
    Organisations to consult
    Students
    Mar 10, 2019
    Who to consult
    including those outside the community
    women
    Mar 10, 2019
    Who to consult
    Are women specifically addressed?
    specific roles addressed
    Mar 10, 2019
    Who to consult
    e.g. teachers and health workers
    Leaders
    Mar 10, 2019
    Who to consult
      Guards / Warriors
      Mar 10, 2019
      Who to consult
        Elders
        Mar 10, 2019
        Who to consult
          Multiple peoples
          Mar 10, 2019
          Scope of consultation
          Level of a people
          Mar 10, 2019
          Scope of consultation
          Single or multiple communities
          Mar 10, 2019
          Scope of consultation
          Future generations
          Mar 10, 2019
          Internal groups or other peoples
          Deceased ancestors or spirits
          Mar 10, 2019
          Internal groups or other peoples
          Local or traditional/subsistence/peasant communities
          Mar 10, 2019
          Internal groups or other peoples
          Tribal peoples
          Mar 10, 2019
          Internal groups or other peoples
          Indigenous peoples in voluntary isolation / initial contact
          Mar 10, 2019
          Internal groups or other peoples
          Other indigenous communities or peoples
          Mar 10, 2019
          Internal groups or other peoples
          International oversight
          Mar 10, 2019
          Interfaces with external institutions and organizations
          NHRIs / Ombudsman
          Mar 10, 2019
          Interfaces with external institutions and organizations
          Specific ministries
          Mar 10, 2019
          Interfaces with external institutions and organizations
          Municipal government
          Mar 10, 2019
          Interfaces with external institutions and organizations
          Reference to indigenous justice or ancestral justice
          Mar 10, 2019
          Legal framework invoked
          Customary law
          Mar 10, 2019
          Legal framework invoked
          Colonial laws
          Mar 10, 2019
          Legal framework invoked
          International or regional instruments/jurisprudence
          Mar 10, 2019
          Legal framework invoked
          Addresses particular activities or is all encompassing
          Mar 10, 2019
          Scope of protocol

          Does it address particular activities or is it all encompassing (projects, administrative or legislative measures etc and are these addressed separately?)

          Seeks to define the entire consultation process
          Mar 10, 2019
          Scope of protocol

          Does it seek to define the entire consultation process?

          Process for negotiation of consultation procedures
          Mar 10, 2019
          Scope of protocol
          A statement of principles
          Mar 10, 2019
          Scope of protocol
          Intercultural dialogue
          Mar 10, 2019
          Core principles
          Negotiation in certain or all contexts
          Mar 10, 2019
          Core principles
          Basis for right to decide and give or withhold consent
          Mar 10, 2019
          Core principles
          Criteria in relation to timeframes and processes
          Mar 10, 2019
          Core principles
          Good faith with elaboration of its implications
          Mar 10, 2019
          Core principles
          Respect for land rights and indigenous governance
          Mar 10, 2019
          Core principles
          Circumstances that render consultations or consent void (e.g. FPI: creation of division, presence of armed groups, offers of money, threats…)
          Mar 10, 2019
          Non-negociables
          Rejection of development project as exchange for recognition of land rights
          Mar 10, 2019
          Non-negociables
          Agreement to the protocol as basis for consultations
          Mar 10, 2019
          Non-negociables
          Affirmation of the right to decide (language used, yes/no, veto and supporting rationale)
          Mar 10, 2019
          Non-negociables
          Rejection certain types of activities / impacts that are critical
          Mar 10, 2019
          Non-negociables
          Affirmations that relocation is unacceptable
          Mar 10, 2019
          Non-negociables
          Assertion of rights in relation to natural resources
          Mar 10, 2019
          Precondition
          Timing of decisions
          Mar 10, 2019
          Precondition
          Addressing of legacy issues
          Mar 10, 2019
          Precondition
          Formal recognition of indigenous’ rights and governance structures
          Mar 10, 2019
          Precondition
          Demands for demarcation prior to consultation
          Mar 10, 2019
          Precondition
          Community history
          Mar 10, 2019
          Community governance instruments, structures, territories, history
          Community governance statutes
          Mar 10, 2019
          Community governance instruments, structures, territories, history
          Community resolutions
          Mar 10, 2019
          Community governance instruments, structures, territories, history
          Territorial plans and boundaries
          Mar 10, 2019
          Community governance instruments, structures, territories, history
          Life plans (self-determined development)
          Mar 10, 2019
          Community governance instruments, structures, territories, history
          Process for updating the protocol
          Mar 1, 2019
          Context, purpose and process of protocol creation & maintenance
          Process for the development of the protocol
          Mar 1, 2019
          Context, purpose and process of protocol creation & maintenance
          Unique features that reflect the particular communities experience
          Mar 1, 2019
          Context, purpose and process of protocol creation & maintenance
          Inter/intra-community/people divisions or formalizing modalities of cooperation
          Mar 1, 2019
          Context, purpose and process of protocol creation & maintenance
          Historical context
          Mar 1, 2019
          Context, purpose and process of protocol creation & maintenance
          Broader strategy of governance assertion
          Mar 1, 2019
          Context, purpose and process of protocol creation & maintenance
          Land demarcation
          Mar 1, 2019
          Context, purpose and process of protocol creation & maintenance
          Pending development projects or experience with past projects
          Mar 1, 2019
          Context, purpose and process of protocol creation & maintenance
          Kachi Yupi Protocolo Consulta Previa Comunidades Salinas Grandes y Laguna de Guayatayoc
          Feb 21, 2019
          Protocol
          Aug 22, 2015
            https://naturaljustice.org/wp-content/up...
            Bethany
            Feb 20, 2019
            Indigenous People

            Bethany Village is a mission located on the Araburia River, a tributary three miles up the Supenaam River in Region #2, Essequibo in Guyana.

            420
            Wikipedia
            Agreement oversight and enforcement mechanisms
            Feb 20, 2019
            Outcomes
            Content of agreements
            Feb 20, 2019
            Outcomes
            Conditions for agreements
            Feb 20, 2019
            Outcomes
            Implications of giving or withholding consent
            Feb 20, 2019
            Outcomes
            Reference to multiple consultation points
            Feb 20, 2019
            When to consult
            Reference to ESIAs
            Feb 20, 2019
            When to consult
            Reference to specific activities
            Feb 20, 2019
            When to consult
            Triggers for consultation
            Feb 20, 2019
            When to consult
            Consultation oversight
            Feb 20, 2019
            Conditions invalidating consultations
            When is a consultation invalid
            Feb 20, 2019
            Conditions invalidating consultations
            Participation of outsiders
            Feb 20, 2019
            Roles in decision-making process
            Role of leaders or chiefs in determining where and when assemblies are held
            Feb 20, 2019
            Roles in decision-making process
            Role of General Assemblies and other structures
            Feb 20, 2019
            Roles in decision-making process
            Informed
            Feb 19, 2019
            Definition

            Nature of the engagement and type of information that should be provided prior to seeking consent and also as part of the ongoing consent process.

            Prior
            Feb 19, 2019
            Definition

            Consent is sought sufficiently in advance of any authorization or commencement of activities.

            Cherangany
            Feb 14, 2019
            Indigenous People

            The Sengwer people (also known as Cherang'any and previously as Sekker, Siger, Sigerai and Segelai) are an indigenous community who primarily live in the Embobut forest in the western highlands of Kenya and in scattered pockets across Trans Nzoia, West Pokot and Elgeyo-Marakwet counties. The Sengwer are sometimes portrayed as a component of the Marakwet people but are a distinct ethnic grouping. Wikipedia article

              Consent
              Feb 14, 2019
              Definition

              Collective decision made by the right holders and reached through a customary decision-making processes of the communities.

              Free
              Feb 14, 2019
              Definition

              Consent given voluntarily and without coercion, intimidation or manipulation. A process that is self-directed by the community from whom consent is being sought, unencumbered by coercion, expectations or timelines that are externally imposed.

              Bethany Village Free, Prior, Informed Consent (FPIC) Protocol
              Nov 22, 2018
              Protocol
              Jan 1, 2018
              • Amerindian Peoples Association (APA)
              • Bethany
              Malayali
              Nov 13, 2018
              Indigenous People

              The Malayali people or Keralite people (also spelt Malayalee) are an ethnic group originating from the present-day state of Kerala in India.[20] They are identified as native speakers of the Malayalam language, which is classified as part of the Dravidian family of languages. As they primarily live in Kerala, the word Keralite is used as an alternative to Malayali. Wikipedia

              38000000
              Samburu
              Nov 6, 2018
              Indigenous People

              The Samburu are a Nilotic people of north-central Kenya. They are a sub tribe of the Maasai. The Samburu are semi-nomadic pastoralists who herd mainly cattle but also keep sheep, goats and camels. The name they use for themselves is Lokop or Loikop, a term which may have a variety of meanings which Samburu themselves do not agree on. Many assert that it refers to them as "owners of the land" ("lo" refers to ownership, "nkop" is land) though others present a very different interpretation of the term. The Samburu speak the Samburu dialect of the Maa language, which is a Nilo-Saharan language. There are many game parks in the area, one of the most well known is Samburu National Reserve.The Samburu is the third largest in the Maa community of Kenya and Tanzania,after the Kisonko(Isikirari)of Tanzania and Purko of Kenya and Tanzania. Wikipedia

              160000

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