Photo: DIOPIM Committee on Mining Issues (DCMI) l The spirit of FPIC: lessons from Canada and the Philippines 69 a failure to implement the spirit of FPIC, instead engineering consent and complying only with the letter of the law. Mineral investments promoted by both the government and mining companies are given priority without considering conflicting or alternative views. As Joji Carino says: House belonging to Manolita and Loloy Galvez, who refused to sell to a mining company, so the company constructed the mine around them. that they would become millionaires and be able to buy Mercedes Benz cars if they were directly affected by the mining operations (Goodland and Wicks, 2009). They also prescribe the establishment of indigenous authorities even where these are not in accordance with customary laws and practices. Indigenous peoples’ efforts to uphold their right to FPIC have brought them into direct, and often violent, conflict with both mining companies and the government – as experiences at Dipido mine in the Nueva Vizcaya and Quirino provinces, mining exploration in the ancestral lands in Bakun, Benguet, and many others show.2 According to one group of indigenous peoples (Salamat, 2011): A pattern has been established each time: mining exploration permits, mineral sharing and production applications, and coal mining contracts were granted by the government to private mining corporations before the onset of military operations. The situation has got so bad that indigenous groups are now campaigning for the IPRA to be scrapped, as FPIC has been ‘debased and debauched by the self-serving interests of companies and the NCIP’ (KAMP National Alliance of Indigenous Peoples Organisations, 2011). The Philippine experience demonstrates 2 For more information, see: www.minesandcommunities.org While we must muster all of the economic, developmental, environmental and technical arguments in support of FPIC, ultimately it will require a political process that prioritises cultural and natural diversity as core values in our lives and our survival. Understanding the ‘spirit of FPIC’ – a case from Canada Canada is a country which benefits from its rich resource endowments: mining contributed $53.9 billion (over 4%) to Canada’s GDP in 2010 (Industry Canada 2011). However, Canada has a large indigenous population and an estimated 1200 aboriginal communities are located within 200 kilometres of a mining operation. Institutions for deliberative processes In contrast to the Philippines, Canada’s constitution and case law does not allow for FPIC where consent is equated with a right to veto. In effect, the government prioritises benefits to the wider population over the impacts on local communities near or on the mining site. The law does protect the right of indigenous peoples to be consulted through deliberative processes (i.e. ‘meaningful consultation’ ensuring all parties are better informed in decision-making), but it does not require that decisions accommodate feedback given in participation processes (UN Observer Delegation of Canada, 2005). Aboriginal groups continue to petition against this and for the right to ‘consent’.

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