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Pitfalls and Pipelines - Philippine Indigenous Peoples Links

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Appendix 2: Report of the International Expert Group Meeting...<br />

387<br />

rights <strong>and</strong> the environment over granting corporate privileges<br />

to exploit <strong>and</strong> degrade such resources.<br />

98. States must ensure transparency <strong>and</strong> accountability especially<br />

in governance institutions <strong>and</strong> bodies that deal with<br />

indigenous people’ communities. Cases of alleged corruption<br />

must be addressed.<br />

99. Establish a complaints system for the complaints of<br />

<strong>Indigenous</strong> <strong>Peoples</strong> regarding extractive industries <strong>and</strong> provide<br />

redress <strong>and</strong> restitution for related harms;<br />

100. Ensure that when FPIC is used in policies, it is used as<br />

contained in the UNDRIP, with a requirement of consent.<br />

The Workshop calls upon the Permanent Forum to:<br />

101. Given the catastrophic impacts that extractive industries<br />

have had on indigenous communities around the world, the<br />

Permanent Forum should promote the establishment of a new<br />

UN formal process, such as a special rapporteur, an ombudsman<br />

or an international court system specifically focused on<br />

this issue. Assessing the effectiveness of the Oxfam Australia’s<br />

ombudsperson for mining might be useful in this regard;<br />

102. Establish a body to monitor FPIC <strong>and</strong> to consider complaints<br />

of the abuse of FPIC. The body should be comprised<br />

of independent figures, including <strong>Indigenous</strong> <strong>Peoples</strong>, who<br />

enjoy the respect <strong>and</strong> confidence of indigenous communities;<br />

103. Work with <strong>Indigenous</strong> <strong>Peoples</strong>, their organizations <strong>and</strong><br />

civil society organizations to provide technical assistance to<br />

communities, States <strong>and</strong> companies on the implementation<br />

of FPIC. This should promote the capacity-building of<br />

<strong>Indigenous</strong> <strong>Peoples</strong> <strong>and</strong> their organizations through training<br />

on negotiation, FPIC, leadership, research <strong>and</strong> human rights;<br />

104. Gather existing materials <strong>and</strong> guidelines on free, prior<br />

<strong>and</strong> informed consent <strong>and</strong> make these available on the UNPFII<br />

website. UNFPII should further analyze existing guidelines to<br />

determine whether there are gaps, which should then be filled<br />

through the development of new materials <strong>and</strong> should study<br />

the experience of states <strong>and</strong> territories with existing legislation<br />

pertaining to FPIC. The knowledge on free, prior <strong>and</strong><br />

informed consent that has resulted from Permanent Forum

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