Pitfalls and Pipelines - Philippine Indigenous Peoples Links

Chapter 2.8: Importance of Free, Prior and Informed Consent
335
Programme, January - http://www.nsi-ins.ca/images/documents/
iba_guide_nsi_apa_fpp_web.pdf.
18
Vienna Declaration and Programme of Action, adopted by the
World Conference on Human Rights on 25th June 1993, Part I, at
para. 10. UN Doc. A/CONF.157/23, 12th July 1993; ALG, et al., 2009,
“Discrimination Against Indigenous Peoples of the Philippines: Shadow
Report Submission to the UN CERD 75th Session.” August, pp. 16-17;
It is the 1986 UN Declaration on the Right to Development is often
quoted as justifying this argument, but Article 9 of the UN Declaration
on the Right to Development itself makes clear that: “Nothing in the
present Declaration shall be construed as being contrary to the purposes
and principles of the United Nations, or as implying that any State,
group or person has a right to engage in any activity or to perform
any act aimed at the violation of the rights set forth in the Universal
Declaration of Human Rights and in the International Covenants on
Human Rights.” UN Declaration on the Right to Development. UN
Doc. A/RES/41/128 4th December 1986.
19
Oxfam Australia, 2007, “Free Prior Informed Consent: the role of
mining companies.” February, p. 4 - http://www.oxfam.org.au/campaigns/mining/ombudsman/consent.html.
20
G. Gibson, M. Simms, 2011, “Negotiating Impact Benefit
Agreements: A practical guide for indigenous peoples in Guyana,
Amerindian Peoples Association, North South Institute.” Forest Peoples
Programme, January, p. 22 - http://www.nsi-ins.ca/images/documents/
iba_guide_nsi_apa_fpp_web.pdf.
21
L. Jubitana, 2009, “Interacting with Indigenous Communities in
the ’Right’ Way? A bottom-up examination of BHP Billiton, Alcoa
and the Government of Suriname’s interactions in West Suriname.”
International Conference on Extractive Industries and Indigenous
Peoples, 23 March, Manila, Philippines; see also R. Goodland, 2006,
“Suriname: Environmental and Social Reconnaissance.” The Bakhuys
Bauxite Mine Project,The North-South Institute (NSI).
22
C. Doyle, 2008, “Free Prior Informed Consent (FPIC) – a universal
norm and framework for consultation and benefit sharing in relation
to indigenous peoples and the extractive sector.” Prepared for the
OHCHR Workshop on Extractive Industries, Indigenous Peoples and
Human Rights, Moscow, 3 and 4 December (updated 2012).
23
A.K. Lehr, and G.A. Smith, 2010, “Implementing a Corporate Free,
Prior, and Informed Consent Policy: Benefits and Challenges.” Foley
Hoag LLP, May, www.foleyhoag.com.
24
This paper is an extended version of the presentation given at the
2009 Manila Conference, but it has not been updated, so the information,
facts and figures given date back to 2009.