Pitfalls and Pipelines - Philippine Indigenous Peoples Links

Chapter 2.8: Importance of Free, Prior and Informed Consent
329
our governments, indigenous peoples will be pushed to the back of the
queue. Our rights will once again be subordinated and development at
any cost will be the political mantra for governments desperate to maintain
economic growth.
What we need to ensure is that there is some certainty in the system for
us—and we are trying to push this in Australia. The indigenous voice,
however, cannot compete with the noise of the global economy. And
I hope that we have not missed an opportunity to change the system
during the recent prosperous times. It could be that what governments are
experiencing now will scare them into putting in place arrangements that
are not in indigenous peoples’ interests.
The future challenge for indigenous communities in the development of
their land does, however, lie in the realm of participation, understanding
and recognition. The UN Declaration on the Rights of Indigenous Peoples
clearly provides for indigenous peoples’ rights over their traditional lands;
Article 11 provides for effective redress for “cultural, intellectual, religious
and spiritual property taken without their free, prior and informed consent
or in violation of their laws, traditions and customs.”
Some of the reasons behind the change in attitude of mining companies
in Australia, whether they be local, national or international companies,
is that they recognize the need to invest in the communities they are
impacting. From a practical perspective, good community relations ensure
that projects can progress in a timely and efficient manner and projects
can meet the timeframes of government approvals. It assists the company
to create a credible reputation to ensure they can compete competitively
in a global market. Most importantly, from an indigenous perspective,
there would seem to be obvious benefits: by demonstrating good faith
toward the people and communities on whose land they operate, they
build trust and lasting relationships, which can only be of benefit to their
shareholders, while also providing certainty and stability for indigenous
communities.
Set out below are a number of specific examples of negotiation that is
happening in Australia.
Fortescue Metals Group (FMG)
The Fortescue Metals Group (FMG) is a company operating in the Pilbara
region of Western Australia, approximately 1,500 km north of Perth. FMG
has been labelled the “New force in iron ore” and they are developing a