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Communities in Didipio, Philippines are divided about whether the proposed mine in their community should go ahead. The local council has not given its consent for operations to start.Photo: Ingrid MacDonald/OxfamAUS.
Free, prior and informed consent
Indigenous peoples are one of the main groups affected by mining and gas and oil exploitation. As Australian mining operations continue to spread to remote areas, Indigenous territories are being exposed to exploration and mining or development of gas and oil pipelines. This often takes place without Indigenous people's consent, sometimes destroying their sacred sites.
The principle of free, prior and informed consent (otherwise known as FPIC) is vital to upholding the human rights of Indigenous peoples and local communities. This principle states that individuals and communities should be informed - in appropriate, accessible language - about projects that might take place on their land. It also guarantees that they are given the opportunity to give, withhold or negotiate land use and related issues.
- Free refers to the general principle of law that consent is not valid if obtained through coercion or manipulation.
- Prior refers to meaningful, informed consent sought sufficiently in advance of any activities by a company.
- Informed means that the process must involve consultation and participation by Indigenous peoples with full disclosures of a development activity in accessible and understandable forms to affected peoples and communities.
Free, prior and informed consent helps to protect Indigenous people's rights to consent and self-determination, promotes equitable relationships between Indigenous peoples, industries and governments, and recognises their rights to have control over their traditional lands.
Organisations such as the International Labour Organization and the Inter-American Court of Human Rights have begun to recognise and support the importance of free, prior and informed consent. The principle has also been incorporated in the World Wildlife Fund's Mine Certification and Evaluation Project, a policy research and development exercise involving a working group of industry and civil society. The project is evaluating whether independent, third party certification of environmental and social performance can be applied to the mining sector.
The World Bank recently adopted a policy of financing only development programs where free, prior and informed consent is used or consultation with Indigenous peoples is provided for, arguing that a 'social assessment' must be done to ensure programs provide culturally appropriate social and economic benefits to affected Indigenous communities.
Governments are also beginning to take up the free, prior and informed consent principle, for example, in the Philippines through the Philippines Indigenous Peoples Rights Act 1997 as well as in Australia through agreements based on the Aboriginal Land Rights Act 1976.
Putting the principle into practice, however, remains a challenge. Even if the principles are agreed by the government, this does not mean that the company will follow through.
Find out more
- Free Prior and Informed Consent (February 2007) (PDF 583KB)
- This Oxfam Australia report details the concept of free, prior and informed consent (FPIC) and the role of FPIC in the mining industry and sustainable development. It also discusses the challenges associated with obtaining FPIC and legal precedents in support of FPIC at that national and international level.