1. OXFAM’S OIL, GAS AND MINING WORK

2. 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

3. 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

4. FINDINGS: COMMUNITY CONSENT INDEX (2015)

5. 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

6. 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

9. OXFAM FPIC RESOURCES Available at www.oxfamamerica.org.
Testing Community Consent: Tullow Oil project in Kenya
Community Consent Index (
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)

10. OXFAM FPIC RESOURCES
Available at 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