Results for:Rights and Legal Framework
Total Resources: 164
This policy brief, describes the results of a participatory action research project conducted to explore the violence experienced by ethnic populations in Colombia as a result of mining practices. They found that despite a legislative framework, the government was unable to protect human rights on the ground, as a result of a lack of accountability mechanisms and the voluntary nature of Corporate Social Responsibility among extractive industries.
This document includes speaking notes on the topic of FPIC at the Prospector and Developer’s Association of Canada annual conference. The speaker defines FPIC, clarifies prevailing misconceptions about FPIC, and discusses how FPIC can be implemented in the extractive sector. The speaker discusses FPIC in the Canadian context and argues for Canadian development companies to incorporate FPIC into their practices.
This article by James Anaya, who was later selected as the UN Special Rapporteur on the Rights of Indigenous People, discusses Indigenous peoples right to consultation in resource development, as of 2005. The international rights afforded Indigenous people under the ILO ‘duty to consult’ are discussed, along with the ambiguity and uncertainty with which those laws are applied. Anaya discusses the rights Indigenous people should receive in land and resource development.
This article highlights the significance of UNDRIP in achieving reconciliation with Indigenous peoples in Canada. A central conclusion of this article is that the positions and practices of the Canadian government are incompatible with constitutional and international obligations. Related to FPIC, the authors suggest that the government of Canada has not substantively addressed this criterion of “consent” in its guidelines for consultation and accommodation.
The UN Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted by the UN General Assembly (UNGA) in September 2007, was developed in partnership with Indigenous peoples and is the most comprehensive international instrument dealing with their rights. This book tells the story of how UNDRIP was developed and adopted by UNGA, including its history, content, and significance.
This report is a special segment to the final report “Below the Surface: Anishinabek Mining Strategy”. The purpose of this segment is to include Serpent River First Nation’s community responses into the “Modernization of Ontario’s Mining Act.” It is particularly important that this segment be shared with the Anishinabek Leadership, Communities, and the Ontario Government, as there are many concerns and issues that Serpent River First Nation had to disclose and bring forward, particularly uranium mining and exploration. Serpent River First Nation had an evening engagement session that was held in the community on the evening December 3, 2008.