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									   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
   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
      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
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

   National Constitutions and International Orgs.
   Traditional Knowledge, resettlement,
    development-related activities (extractive
    activities, infraestructure), protected areas
   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
   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
   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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