Indigenous Peoples‟ Right to Free Prior Informed Consent (FPIC) and Project Governance Shannah Metz Collaboratory for Research on Global Projects Stanford University May 17, 2006 Presentation Outline What is Free, Prior, and Informed Consent (FPIC)? Justifications for recognizing FPIC Pending Obstacles Discussion Works Cited Personal Background Ecuador 2003-2006 Center for International Environmental Law (CIEL) Protected Areas on Indigenous Territories M.A. Anthropological Sciences, Stanford What is FPIC? Consultative and participatory process Open and informed dialogue among potentially affected communities and “consent-seekers” Discussions should occur prior to, and continue throughout, the time the activity is conducted, Right to withhold consent at decision-making points during the project cycle Completely voluntary FPIC Responds to a history of excluding indigenous peoples (IPs)* from decision- making processes that affect them and their territories Reflects new global socio-political reality – IPs with political force and technical capacities – Standards for sustainability – “old model” isn‟t working *For working definitions of “indigenous peoples” see e.g., ILO Convention No. 169; the UN Draft Declaration on the Rights of Indigenous Peoples; United Nations Special Rapporteur for the Study of Discrimination against Indigenous Peoples - Mr. Martínez Cobo. Emerging Right Under International Law International Conventions and Jurisprudence – Convention on Biological Diversity – International Labor Organization, Convention No. 169 – Convention for the Elimination of all Forms of Racial Discrimination National Constitutions and International Orgs. Traditional Knowledge, resettlement, development-related activities (extractive activities, infraestructure), protected areas Justifications Indigenous Right under International Law – Also related to other indigenous rights (to property, to culture, to self-determination) Spatial Relationship – Indigenous territories and resource-rich lands (and subsoils) have significant overlap globally Development Efectiveness and Poverty Alleviation Economic Efficiency Related to CRGP Discussions Global Trade and Collaborations (John Grayzel): Contracts vs. Long-Term Relationships “Governance” (Drori 2006) – Participatory Actorhood (setting goals and rules) NGOs and Governance Project – “to improve the governance of infrastructure projects when interests and institutions are conflicted” Pending Obstacles Fundamental Obstacles: – Although some standards for operationalizing FPIC exist, more needed – Clarifying the “veto power vs. „broad community support‟” debate (WBG/IFC) Operational Challenges: – Informing/developing outsiders‟ perceptions of indigenous decision-making, representation – True participation takes significant “front-end” investment in time and money Discussion Points Green-washing vs. New modus operendi Finding empirical evidence to justify new practices FPIC as contributing to both types of “governance” (Drori 2006) – Participatory actorhood (justice) – [Project] Management (progress) Works Cited* Colchester, Marcus and Fergus MacKay. (2004) In search of Middle Ground: Indigenous Peoples, Collective Representation and the Right to Free, Prior and Informed Consent. Firestone, Laurel. (2003) You say yes, I say no: Defining Community Prior Informed Consent under the Convention on Biological Diversity. Lyla Mehta & Maria Stankovitch. (2000) Operationalisation of Free Prior Informed Consent. Contributing paper to the World Commission on Dams. MacKay, Fergus. (2004) Indigenous Peoples‟ Right to Free, Prior and Informed Consent and the World Bank‟s Extractive Industries Review. Metz, Shannah. (2006) Prior Informed Consent and Protected Areas: Case Study of the Cordillera del Cóndor, Ecuador. Perrault, Anne, Kirk Herbertson, and Nelson Manga. (2006) Establishing Conditions for Success [and Environmental Justice] in Protected Areas: the Public Interest and Prior Informed Consent. *These are the principle works cited in this presentation. Most are available on the web, or copies can be solicited directly from the presenter.
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