Indigenous Peoples FPIC Protocols

Indigenous Peoples FPIC Protocols

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Natural Justice
27 mars 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/about-us/
Amerindian Peoples Assiciation
27 mars 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)
27 mars 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
26 mars 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
20 mars 2019
Legal framework invoked
Subanon people
20 mars 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
    19 mars 2019
    Remedy mechanism
    Good faith
    18 mars 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
    18 mars 2019
    Core principles
    broader society
    18 mars 2019
    Internal groups or other peoples
    Are concepts defined in the protocol? (e.g. integral territory, culture, knowledge, sacred sites…)
    18 mars 2019
    Precondition

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

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

          Does it seek to define the entire consultation process
          10 mars 2019
          Scope of protocol

          Does it seek to define the entire consultation process?

          Process for negotiation of consultation procedures
          10 mars 2019
          Scope of protocol
          A statement of principles
          10 mars 2019
          Scope of protocol
          Intercultural dialogue
          10 mars 2019
          Core principles
          Negotiation in certain or all contexts
          10 mars 2019
          Core principles
          Basis for right to decide and give or withhold consent
          10 mars 2019
          Core principles
          Criteria in relation to timeframes and processes
          10 mars 2019
          Core principles
          Good faith with elaboration of its implications
          10 mars 2019
          Core principles
          Respect for land rights and indigenous governance
          10 mars 2019
          Core principles
          Circumstances that render consultations or consent void (e.g. FPI: creation of division, presence of armed groups, offers of money, threats…)
          10 mars 2019
          Non-negociables
          Rejection of development project as exchange for recognition of land rights
          10 mars 2019
          Non-negociables
          Agreement to the protocol as basis for consultations
          10 mars 2019
          Non-negociables
          Affirmation of the right to decide (language used, yes/no, veto and supporting rationale)
          10 mars 2019
          Non-negociables
          Rejection certain types of activities / impacts that are critical
          10 mars 2019
          Non-negociables
          Affirmations that relocation is unacceptable
          10 mars 2019
          Non-negociables
          Assertion of rights in relation to natural resources
          10 mars 2019
          Precondition
          Timing of decisions
          10 mars 2019
          Precondition
          Addressing of legacy issues
          10 mars 2019
          Precondition
          Formal recognition of indigenous’ rights and governance structures
          10 mars 2019
          Precondition
          Demands for demarcation prior to consultation
          10 mars 2019
          Precondition
          Community history
          10 mars 2019
          Community governance instruments, structures, territories, history
          Community governance statutes
          10 mars 2019
          Community governance instruments, structures, territories, history
          Community resolutions
          10 mars 2019
          Community governance instruments, structures, territories, history
          Territorial plans and boundaries
          10 mars 2019
          Community governance instruments, structures, territories, history
          Life plans (self-determined development)
          10 mars 2019
          Community governance instruments, structures, territories, history
          Process for updating the protocol
          1 mars 2019
          Context, purpose and process of protocol creation & maintenance
          Process for the development of the protocol
          1 mars 2019
          Context, purpose and process of protocol creation & maintenance
          Unique features that reflect the particular communities experience
          1 mars 2019
          Context, purpose and process of protocol creation & maintenance
          Inter/intra-community/people divisions or formalizing modalities of cooperation
          1 mars 2019
          Context, purpose and process of protocol creation & maintenance
          Historical context
          1 mars 2019
          Context, purpose and process of protocol creation & maintenance
          Broader strategy of governance assertion
          1 mars 2019
          Context, purpose and process of protocol creation & maintenance
          Land demarcation
          1 mars 2019
          Context, purpose and process of protocol creation & maintenance
          Pending development projects or experience with past projects
          1 mars 2019
          Context, purpose and process of protocol creation & maintenance
          Kachi Yupi Protocolo Consulta Previa Comunidades Salinas Grandes y Laguna de Guayatayoc Dic 2015 1
          21 févr. 2019
          Protocol
          22 août 2015
            Bethany
            20 févr. 2019
            Indigenous People
              Agreement oversight and enforcement mechanisms
              20 févr. 2019
              Outcomes
              Content of agreements
              20 févr. 2019
              Outcomes
              Conditions for agreements
              20 févr. 2019
              Outcomes
              Implications of giving or withholding consent
              20 févr. 2019
              Outcomes
              Reference to multiple consultation points
              20 févr. 2019
              When to consult
              Reference to ESIAs
              20 févr. 2019
              When to consult
              Reference to specific activities
              20 févr. 2019
              When to consult
              Triggers for consultation
              20 févr. 2019
              When to consult
              Consultation oversight
              20 févr. 2019
              Conditions invalidating consultations
              When is a consultation invalid
              20 févr. 2019
              Conditions invalidating consultations
              Participation of outsiders
              20 févr. 2019
              Roles in decision-making process
              Role of leaders or chiefs in determining where and when assemblies are held
              20 févr. 2019
              Roles in decision-making process
              Role of General Assemblies and other structures
              20 févr. 2019
              Roles in decision-making process
              Informed
              19 févr. 2019
              Definition
              Prior
              19 févr. 2019
              Definition
              Cherangany
              14 févr. 2019
              Indigenous People
                Consent
                14 févr. 2019
                Definition
                Free
                14 févr. 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
                22 nov. 2018
                Protocol
                1 janv. 2018
                • Amerindian Peoples Association (APA)
                • Bethany
                Malayali
                13 nov. 2018
                Indigenous People
                38000000
                Samburu
                6 nov. 2018
                Indigenous People
                160000

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