Pitfalls and Pipelines - Philippine Indigenous Peoples Links

318 Pitfalls and Pipelines: Indigenous Peoples and Extractive Industries
2.8.2 General Observations on the Right to
FPIC
This is a good point to review and summarize some key
points about FPIC, drawing on observations from the 2009
Manila Conference. Although it has been helpful to review
the application of FPIC in a variety of situations, it is worth
reiterating that the consensus of current indigenous opinion
is based on its presence in the UNDRIP. This is because the
2007 passage by the UN General Assembly of the UNDRIP
was a major international advance in the international recognition
of indigenous rights. The UNDRIP now sets out the
minimum standards for the survival, dignity and well-being
of indigenous peoples. One of those is the principle of FPIC,
specifically as it appears in Article 32, which 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.
States shall consult and cooperate in good faith with the
indigenous peoples concerned through their own representative
institutions in order to obtain their free and
informed consent prior to the approval of any project
affecting their lands or territories and other resources,
particularly in connection with the development, utilization
or exploitation of mineral, water or other resources.
States shall provide effective mechanisms for just and
fair redress for any such activities, and appropriate
measures shall be taken to mitigate adverse environmental,
economic, social, cultural or spiritual impact. 13
The UNDRIP also affirms related rights, including indigenous
peoples’ right to be represented through their own
institutions, to exercise customary law, to the ownership of the
lands, territories and natural resources that they traditionally
own or otherwise occupy or use, to self-identification; and,
more fundamentally, to self-determination. 14
It is worth summarizing earlier points that the historic
failure of mining multinationals to satisfactorily meet FPIC