OXFAM’S OIL, GAS AND MINING WORK

PRIOR: Prior to project authorization by government or third parties (pre award of concessions or blocks) - Each phase of project development where changes to project design entail potential impacts on communities - Right for indigenous peoples - Emerging as a principle of best practice to safeguard human rights for any extractive project

FPIC IN GLOBAL STANDARDS Examples from other sectors: - Dramatic change in last 5 years : IFC (2012) and ICMM (2013) major drivers of change ICMM Indigenous Peoples and Mining Position Statement - “indigenous peoples can give or withhold their consent to a project, through a process that strives to be consistent with their traditional decision-making processes while respecting internationally recognized human rights and is based on good faith negotiation.” More than 800 project sites worldwide (full effect in May 2015); guidance in Nov China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters (CCCMC) (2014) Subordinate unit of Ministry of Commerce of China ; includes more than 5,700 members, including majority of Chinese mining companies investing abroad and trading mineral and hydrocarbon products “protect the rights for FPIC of local communities including indigenous peoples.” 80 Equator Principle Financial Institutions that have recognized the requirement for FPIC in their voluntary environmental and social standards, the Equator Principles. UN Global Compact Business Reference Guide to UNDRIP (more than 10,000 companies): obtain and maintain the FPIC of indigenous peoples for projects that affect their rights adopt and implement a formal policy addressing indigenous peoples’ rights Initiative for Responsible Mining Assurance (IRMA) – mining companies and NGOs, formulating a draft Standard for Responsible Mining that directs members to “initiate FPIC scoping” prior to any land disturbances Other sectors: Food and beverage “big 10”:all have FPIC in their policies or commitments for at least one commodity - Coca-Cola & Pepsi have committed to FPIC throughout their supply chains and for all communities FSC and RSPO have adopted FPIC for all communities, not just indigenous peoples UN World Commission on Dams

FINDINGS: COMMUNITY CONSENT INDEX (2015)

FPIC IN AFRICA African Commission on Human and Peoples’ Rights Pan-African Parliament ECOWAS Mining Directive Consent standards in customary law Agreement with landholders required in some national laws African Commission on Human and Peoples’ Rights Resolution 224: States should ensure FPIC for natural resource governance Jurisprudence Pan-African Parliament Urge for FDI rules in land and natural resources, including local community consultation and FPIC ECOWAS Mining Directive Harmonizes guiding principles in mining sector Requires FPIC for pre exploration and each subsequent project phase

JURISPRUDENCE African Commission on Human and Peoples Rights (2010) Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya Inter-American Court of Human Rights (2007) Saramaka People v. Suriname FPIC for large-scale investment projects with major impacts

OXFAM FPIC RESOURCES Available at www.oxfamamerica.org. Testing Community Consent: Tullow Oil project in Kenya Community Consent Index (www.oxfam.org/communityconsent) FPIC in Africa: An emerging trend in the extractive industries The Right to Decide: FPIC in Ghana FPIC in the Philippines: Regulations and Realities From Controversy to Consensus? Lessons learned from government and company consultations with indigenous organizations in Peru and Bolivia Right to Free, Prior and Informed Consent in Latin America (DPLF and Oxfam)

OXFAM FPIC RESOURCES Available at https://www.oxfam.org.au/what-we- do/mining/free-prior-and-informed-consent/ Guide to FPIC – available in 13 languages, another 7 in progress Strengthening Community Understanding of FPIC – Trainers Manual. Available in 4 languages, another 7 in progress FPIC Flashcards – available in 16 languages, another 7 in progress FPIC Forum Theatre Methodology (video) and training games The Right to Decide: company commitments and community consent (includes Australian companies) Free, Prior Informed Consent: A review of free prior informed consent in Australia