Pitfalls and Pipelines - Philippine Indigenous Peoples Links

Chapter 2.4: Negotiations and Engagement with Companies
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views between all parties concerned by one project. In fact,
a ‘stakeholder engagement process’ stands for communities
being continually told of companies’ plans and invited to
modify them. But it does not mean that these communities
are permitted to reject the projects per se. It does not mean
that they are empowered to present their own development
plans. 7
So, from an indigenous viewpoint the first element, if it
is to be a real unforced negotiation of equals, is that it should
entail an understanding of both indigenous culture, which is
set within the framework of historical injustice. Therefore it
must start with a recognition and respect for indigenous peoples’
rights, as codified in the UN Declaration on the Rights
of Indigenous Peoples (UNDRIP). One of the clear starting
points for that recognition is understanding that FPIC is a
collective right for indigenous peoples, which is fundamental
to indigenous peoples’ exercise of their right of self-determination
with respect to developments affecting their lands,
territories and natural resources.
Article 26 of the UNDRIP clearly states that “Indigenous
peoples have the right to own, use, develop and control the
lands, territories and resources [my emphasis] that they possess
by reason of traditional ownership or other traditional occupation
or use, as well as those which they have otherwise acquired.”
Article 32 then notes that “Indigenous peoples have
the right to determine and develop priorities and strategies
for the development or use of their lands or territories and
other resources.” 8
The Human Rights Committee has called upon states to act
in accordance with article 1, paragraph 2, of the International
Covenant on Civil and Political Rights, emphasizing, in relation
to indigenous peoples, that “the right to self-determination
requires, inter alia, that all peoples must be able to freely
dispose of their natural wealth and resources.” 9
FPIC is an inherent right that belongs to members of
indigenous peoples by virtue of their belonging to a people
with internationally recognized collective rights. FPIC is not