l How to implement free, prior informed consent (FPIC) 177
usage and customary rights of affected
populations. Based on this, informed negotiations can begin.
Mapping land usage must be conducted
using a participatory approach together
with the concerned communities. It can be
done by GPS, but in the case of illiterate
communities a GPS unit with an iconic user
interface should be used. In situations where
there are overlapping usages by different
communities, both communities need to be
equally consulted for their consent, rather
than trying to attribute exclusive rights to
one or other of the communities.
Through mapping, an accurate inventory of community resources as well as the
economic and cultural activities carried out
can be made (e.g. fishing zones, important
food trees, sacred sites, cemeteries, hunting
areas etc.). The mapping can also be
extended to any information that could help
the success of the project and the negotiations (wildlife movements, retention of
carbon in the biomass, rainfall etc.).
5. Identify resources to be protected and
negotiate compensation for any damages
Participative resource and land inventory
mapping enable focused discussion with the
communities concerning which measures
can be put in place to protect their resources
and activities. It also facilitates and informs
discussions over compensation to be paid
for intended or unintended damages caused
by the activities of third parties.
6. Agree benefit-sharing
The uses that third parties make of the land
and resources belonging to local peoples
often generate benefits or wealth for the
third parties while reducing the value of the
area to the affected people or limiting their
access to key resources. Affected peoples are
entitled to a share of the benefits produced.
Dams, for example, will create benefits
alongside negative impacts for dozens of
years. Therefore the benefits must be shared
with the affected communities for at least as
long as they are produced.
Such benefit-sharing is negotiated and
may take different forms depending on the
context. It may mean delivering goods,
money or services to local villages, associations or families. The choice depends on the
wishes of the affected population, but must
take into account the degree of inequality,
clientelism and the management capacity of
the groups concerned.
7. Record and formalise the process of
obtaining consent
The steps and procedures for obtaining
consent must be recorded in various forms,
satisfying the understanding of consent for
both parties involved (this may be a document for the company, organisation or
administration and exchange of goods and
services and holding appropriate ceremonies or celebrations for local
communities).
8. Maintain the relationship on which the
consent is based
Consent is a process relying on all parties
being satisfied with their relationship. It is
important to maintain the quality of this
relationship throughout the negotiations
and beyond. Once agreed upon, the obligations of each party must be respected so that
good relations can be maintained.
If agreements are not honoured then
affected groups have the right to withdraw
their consent and activities should cease
until either reparations are made and
consent is given again, or the rupture is
formalised and cessation of activities made
permanent.
Advantages of FPIC
There are numerous advantages to applying
FPIC for both the environment and the
people involved. It enables the transformation of the management of land and
resources in the project area to become
more environmentally and socially responsible, and therefore sustainable because it is
based on cooperation and equality. Important advantages are:
• The participation of local communities in
managing their land and resources through
fully recognising their rights.
• The establishment of ways for communi-