Indigenous peoples face many questions and challenges when confronted with mining activities in their communities. What are extractive industries and mining? What laws govern mining in their country? What are the requirements and obligations of companies engaged in mining? What happens in the process of mining and what are its social, environmental and economic impacts? What are the rights of indigenous peoples in relation to extractive industries? What legal instruments can be used to assert these rights? What is free prior and informed consent (FPIC)? What steps should be taken in obtaining FPIC? How can indigenous communities engage and participate in decision-making regarding extractive industries in their land and territories?
All these questions and many more need answers. This handbook contains basic information needed by indigenous peoples to be able to exercise their right to FPIC in the face of mining activities affecting their communities. It is to be used as a reference by indigenous communities and civil society organizations in understanding and raising awareness on extractive industries and FPIC.
The first part of the Handbook gives an overview of extractive industries and mining in Southeast Asia. It reviews national legal frameworks in relation to mining and indigenous peoples, particularly in Cambodia,Philippines and Indonesia. The three countries were selected as the focus of this handbook because of the significant contribution of mining to the national economy in Indonesia, the immense impacts of mining on indigenous communities in the Philippines, and the potential growth of mining as a major economic sector in Cambodia.
The second part presents the mining cycle and the actual and potential impacts of mining — social, environmental and economic — at each stage. It identifies the legal requirements for companies to conduct mining and the various stakeholders — government agencies, companies, civil society and mining industry bodies — involved at each stage.
The third part discusses what is FPIC from the perspective of indigenous peoples, and as provided in national and international legal instruments on FPIC. It goes through the different steps to be taken to ensure a culturally appropriate FPIC process. It gives practical guidelines for communities in exercising FPIC in relation to extractive industries. Challenges faced by indigenous peoples and possible avenues and international mechanisms for engagement by affected indigenous peoples are also identified.
The e-book version of “AIPP’s Handbook on Extractive Industries and Free, Prior and Informed Consent of Indigenous Peoples” can be downloaded here.