Q.The Guidelines Exhibit 1 (8) states, “when a project may have adverse impacts on indigenous peoples’ various rights in relation to land and resources”, “free, prior, and informed consents must be obtained.” Specifically, what kinds of procedure and agreements are required?

A.

The Guidelines Exhibit 1 (8) states, “when a project may have adverse impacts on indigenous peoples’ various rights in relation to land and resources”, “free, prior, and informed consents must be obtained.” Specifically, what kinds of procedure and agreements are required?
A35. When a project may have adverse impacts on indigenous peoples, sufficient consultations with them or their participation procedures must be taken based on information disclosure in a similar manner as in the case of ordinary local residents (This is stipulated in the Exhibit 1 (5) of the Guidelines.). On the other hand, regarding the various rights that indigenous peoples have on their land and resources, “Free, Prior, and Informed Consent (FPIC))” is required in addition to such ordinary procedures in light of their vulnerability.
Although there is no universally accepted definition of FPIC, we consider that it will be established through good faith negotiations between the project proponents and the affected communities of indigenous peoples, in addition to usual consultations and procedures for participation. What is called “consent” here does not necessarily require unanimity by all the participants and may be achieved even when individuals or groups within the community explicitly disagree.
FPIC is required in the circumstances that the inherent rights of indigenous peoples are affected, as shown below.
• The circumstance that a project site is located on the lands traditionally owned and customarily used, and that when natural resources are commercially developed on such land, adverse impact is expected.
• The circumstance that indigenous peoples are relocated from communally held lands and their natural resources.
• The circumstance that a project may significantly impacts on their critical cultural heritage.
This concept is in line with the interpretation of FPIC in IFC Performance Standard 7, and World Bank Environmental and Social Standards 7 also lists almost the same items.