Pitfalls and Pipelines - Philippine Indigenous Peoples Links

212 Pitfalls and Pipelines: Indigenous Peoples and Extractive Industries
now considering the conditions under which a project will go
ahead. The majority of practical experience in this tends to
come from Canada and Australia.
A toolkit has been created with a focus on the Canadian
experience, called “The IBA Community Toolkit.” 20 It is a
comprehensive guide for what to do once consent has been
given, going from preparation to negotiation to implementing
agreements. Although it is set in the Canadian context, the
majority of the material is generally applicable. If you want
a more compact version, however, then go to “Negotiating
Impact Benefit Agreements: A practical guide for indigenous
peoples in Guyana.” 21 As the title suggests it is focused on
Guyana, with sections that are specific to the laws of that country,
but it does a great job of briefly summarizing complex
issues, including useful tables advising on the key issues for a
community to consider.
Although it is worth a community reviewing all the material
above, the literature effectively adopts similar sets of principles.
In brief those principles can be summarized as:
• The importance of preparation. As mentioned in
Chapter 2.1, work out what the community wants in
terms of development before any negotiation starts,
so it can think beyond the simple terms of any agreement.
There will often have to be negotiations in order
to have negotiations, i.e., time must be spent agreeing
process and procedures, especially with regard to who
will be represented, and how they will be represented,
and how information will be shared with others in
the community. Early letters of intent may be signed
as long as they are not necessarily consenting to the
whole project, but just to the negotiating process.
• That the community has all the necessary advice.
Consider what information will be required by the
community, and how this can be sourced and resourced.
This may include technical information, but
also what the national and international legal positions
are, and what negotiating strategies are available.
• That negotiations are inclusive, with all voices in the
community heard. This should not be used to un-