Total Resources: 165
This policy brief examines how the relationship between Canadian governments and Indigenous peoples is negotiated when disagreements arise regarding proposed development projects. While Indigenous peoples are entitled the right to Free, Prior, Informed Consent (FPIC), there is no clear understanding within Canadian law of when this consultation and accommodation have been appropriate. The Taku Supreme Court decision is explored as an example where Indigenous opposition to a project did not stop further development.
This document is a description of a series of workshops conducted in Bogota, Colombia, to engage in discussion about Free, Prior, Informed Consent (FPIC) among Afro and Indigenous communities. The document includes a summary of the discussion in each of the workshops, and is intended to provide frameworks for using FPIC from these communities' perspectives.
This policy brief, describes the results of a participatory action research project conducted to explore the violence experienced by ethnic populations in Colombia as a result of mining practices. They found that despite a legislative framework, the government was unable to protect human rights on the ground, as a result of a lack of accountability mechanisms and the voluntary nature of Corporate Social Responsibility among extractive industries.
This document includes speaking notes on the topic of FPIC at the Prospector and Developer’s Association of Canada annual conference. The speaker defines FPIC, clarifies prevailing misconceptions about FPIC, and discusses how FPIC can be implemented in the extractive sector. The speaker discusses FPIC in the Canadian context and argues for Canadian development companies to incorporate FPIC into their practices.
This article by James Anaya, who was later selected as the UN Special Rapporteur on the Rights of Indigenous People, discusses Indigenous peoples right to consultation in resource development, as of 2005. The international rights afforded Indigenous people under the ILO ‘duty to consult’ are discussed, along with the ambiguity and uncertainty with which those laws are applied. Anaya discusses the rights Indigenous people should receive in land and resource development.
This article highlights the significance of UNDRIP in achieving reconciliation with Indigenous peoples in Canada. A central conclusion of this article is that the positions and practices of the Canadian government are incompatible with constitutional and international obligations. Related to FPIC, the authors suggest that the government of Canada has not substantively addressed this criterion of “consent” in its guidelines for consultation and accommodation.