the company and an agreement was reached which focuses particularly on business development. At Argyle, in 2004 and 2005, a Participation Agreement and an Indigenous Land Use Agreement were entered into with all of the relevant traditional owners, represented by the Kimberly Land Council. The Rio Tinto representative described this as reflecting an on-going relationship with the traditional owners, which had matured since the initial agreement in the 1980s with a smaller group of Aboriginal elders. The agreement recognizes indigenous peoples’ land rights and addresses employment, education and income generation. The 2013 agreement entered into with the Gundjeihmi Aboriginal Corporation at the Ranger project, after 13 years of negotiations, replaced the earlier contested agreement. The negotiations led to a mining agreement with the Land Council and a separate support agreement between the company and Traditional Owners. As a result of the negotiations the company feels that there is now a much more positive relationship with the Traditional Owners. The Anglo American representative identified the company’s Quellaveco project in Southern Peru as an example of good practice in terms of community engagement. Indigenous Amayra communities in high lands were among the impacted groups with which the company engaged. The engagement approach was not distinct for the indigenous groups who formed a small minority of the impacted communities. The company described itself as ‘looking for understanding and consent’, with the approach they adopted representing an ‘example of, how, if you do things with transparency and patience, they can work’. They described it as ‘a cautious success story’ in which ‘you have consent day by day’ with the question always being ‘what do you need to keep it tomorrow’. The dialogue table was described as forcing a lot of listening on their behalf and allowing them to develop ‘a great understanding of socio–political dynamics and the peoples’ aspirations’. Another case that was regarded with cautious optimism by the Anglo American representative was the Michiquillay project in Peru, where a secret ballot was conducted prior to exploration with the two communities, neither of which self-identifies as indigenous. Both of the communities supported the project and continued to do so, despite the fact that the surrounding area was one of the most conflict prone areas in terms of mining projects in Latin America. At its Ok Tedi project BHP Billiton required Ok Tedi Mining Ltd (OTML) to ‘demonstrate continued support for the operation of local communities down the river system’. To do this ‘OTML enlisted an NGO to run an informed consent process called the Community Mine Continuation Agreement’. According to the BHP Billiton representative, a decision was later taken to withdraw from the project following international opposition and issues with downstream communities. This did not, however, stop the mine from operating. The BHP Billiton representative cited the company’s Olympic Dam expansion project in South Australia as an example of where broad community support has been revisited in the context of material changes to a pre-existing project. The Browse project, in which BHP Billiton subsequently sold its minority share, was cited as an example of agreement making in the context of State intervention if an agreement was not reached. The fact that this case is illustrative of the absence of the ‘Free’ dimension of FPIC has been noted.157 The Xstrata representative described a number of projects which they regarded as representing good practice in terms of engagement with traditional leadership structures. These included the consultation programme conducted for the social impact assessment for McArther River (Zinc) Mine (MRM) Phase 3 (2011) Development Project, in Australia’s Northern Territory, where there have been some tensions with the Northern Land Council. The process involved the prioritization of meetings with the Traditional Owners of all four language groups across an extensive geographic region. Site visits were organized, consultations on culturally inappropriate days were avoided, and the MRM General Manager and an indigenous woman were appointed to undertake the consultation. Among the challenges encountered were reaching everyone, low levels of literacy, consultation fatigue and competition for access and time. Another example provided was the Frieda River project’s land access programme and resolution of land ownership dispute (2012), which formed part of the permitting process in Papua New Guinea. Two tribal communities were in conflict over customary land ownership and usage, with no written Making Free, Prior and Informed Consent a Reality 51

Select target paragraph3