A comparative account of indigenous participation in extractive projects: The challenge of achieving Free, Prior and Informed Consent.

Abstract

Indigenous peoples’ right to Free, Prior, and Informed Consent (FPIC) has been recognised as an important principle to ensure their meaningful participation in decision-making processes related to extractive projects. Yet, many companies grapple with their duty to engage in good faith consultations with indigenous peoples implied by the standard of human rights due diligence. Instead of understanding project impacts from the perspective of these peoples, companies generally conduct one-off environmental or social impact assessments or sign private agreements with communities that look at project impacts merely in terms of the reputational, operational, legal, and financial costs they represent to them. Human Rights Impact Assessments recognise that human rights conditions evolve and that companies need to consult with affected rights-holders throughout the project cycle to renew community consent on a regular basis. Indigenous peoples are also taking matters into their own hands by conducting Community-Controlled Impact Assessments or community consultations to move consent-based processes to the centre of negotiations with companies. By comparing local experiences of corporate-indigenous engagement in Canada, Guatemala, and Peru, we aim to determine if and how companies currently contribute to the implementation of FPIC in order to suggest a way forward towards greater corporate commitment to FPIC.