Pitfalls and Pipelines - Philippine Indigenous Peoples Links

Appendix 2: Report of the International Expert Group Meeting...
373
motivate corporations to change their behavior and the need
for additional incentives was highlighted. Motivational factors
ranged from reputation costs to actual costs associated with
litigation, or the introduction of new regulations.
22. In addition to seeking external forms of accountability,
corporate structures and law needed to be reformed.
Corporate governance was often corrupted and needed
to be more devolved and limited liability laws had to be reformed.
Similarly, accountability should not cease in the
transfer of permits or concession from one company to another.
Participants observed that companies often used such
transfers to disown blame or responsibility for past acts. FPIC
should also be obtained before the transfer of any concessions.
In agreements with Indigenous Peoples (Impact Benefit
Agreements or Memorandum of Agreements) conditions
pertaining to future transfer of mining concessions must be
negotiated, clearly stated and explained. Where agreements
are not explicit in relation to this, Indigenous communities
must have the right to renegotiate the terms of these
agreements with the company acquiring the concession.
C. The Role of Indigenous Nations, Governments and
Organizations and Civil Society Organizations
23. Participants described actions undertaken to ensure the
protection of their human rights in relation to extractive industries
and emphasized the importance of combined strategies.
These included legal and extra-legal strategies, and
efforts at local, national and international levels.
24. At the local and national level, efforts should include educating
the public, mobilizing impacted villages and seeking the
involvement of all sectors of civil society so that all members can
claim ownership of the movement. Extractive industry issues
should be linked to other people’s issues, including agriculturalists
and fisherfolk’s rights, worker’s rights and women’s
rights. It was important to build strategic alliances with other
advocacy groups that could offer support and contribute to