Results for:Decision Making
Total Resources: 144
This briefing note provides an overview of FPIC in international law and across industry sections. The note also discusses how to identify customary land through mapping; engaging with representative organizations; pairing participation with informed consent; ensuring consent and resolving conflict. This note can inform consent processes throughout the consultation stages.
This report emerged out of a workshop held by Business for Social Responsibility (BSR) which brought together representatives from extractive industries to discuss the application of FPIC in engagement with Indigenous peoples. The report provides a corporate interpretation of the rights promised under FPIC including its legal requirements, benefits to corporate social responsibility, and potential impediments to business profits.
This report discusses Company-Community Agreements or Impact-Benefit Agreements negotiated between industries and Indigenous communities surrounding a development project. The Impact-Benefit Agreement (IBA) is discussed as a positive negotiation strategy with benefits for both developers (easier negotiations) and communities (financial and social benefits). Barriers to the use and implementation of IBAs are also analyzed, including their negotiation and legal basis.
‘Free, Prior and Informed Consent’ (FPIC) has emerged as a key principle in international law, related to indigenous peoples and is considered necessary in sectors like dam building, extractive industries, forestry, plantations, conservation, bio-prospecting and environmental impact assessment. While the right itself is clearly affirmed, the practicalities for non-State parties to adhere to it are less clear, and so initiatives to ensure FPIC are considered.
MiningWatch Canada is glad to share the announcement by Environment Minister Leona Aglukkaq that the federal government will not approve Taseko Mines’ New Prosperity gold-copper project. The project, located in south-central British Columbia, was a modification of a previously rejected application. The decision was made after the company’s second proposal failed to address “significant adverse effects”.
This policy brief examines how the relationship between Canadian governments and Indigenous peoples is negotiated when disagreements arise regarding proposed development projects. While Indigenous peoples are entitled the right to Free, Prior, Informed Consent (FPIC), there is no clear understanding within Canadian law of when this consultation and accommodation have been appropriate. The Taku Supreme Court decision is explored as an example where Indigenous opposition to a project did not stop further development.