Core Aricles UNDRIP PROVISIONS FOR FPIC

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 44 consent before adopting and implementing legislative or administrative measures that may af- fect them. Article 28 1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed con- sent. 2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress. Article 29 2. States shall take effective measures to ensure that no storage or disposal of hazardous ma- terials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent. Article 32 1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources. 2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed con- sent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.

B. Related Aricles

Article 18 Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institu- tions. Article 27 States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process. Article 41 The organs and specialized agencies of the United Nations system and other intergovern- mental organizations shall contribute to the full realization of the provisions of this Declaration through the mobilization, inter alia, of financial cooperation and technical assistance. Ways and means of ensuring participation of indigenous peoples on issues affecting them shall be estab- lished. Module-2 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 45

III. REALITIES ON THE GROUND; EXPERIENCES AND LESSONS LEARNED

There are several areas of concern in which the principle of free, prior, informed consent has consistently been violated. Indigenous peoples must insist on FPIC compliance in these areas. These include but might not be limited to: • the exploitation of land and other natu- ral resources within a people’s territory, especially where this may result in: » environmental damage or degrada- tion; » health and safety hazards; » the economic dislocation of the people resulting from the degradation of their traditional means of livelihood; » the relocation or removal of the people from their traditional territory; » the desecration of burial sites and other sacred places; • military occupation; • the exploitation of a people’s traditional knowledge, e.g. in food production and medicine, especially where this involves: » the taking of mineral, plant and animal materials from the area, for uses that the peo- ple can neither determine nor control; » the patenting of such materials or the registration of claims of intellectual property » rights over these, disefranchising the people who originally discovered them and de- priving other people of free access to them; • the taking of samples of human tissue for genetic studies, especially where this involves the patenting of the genetic materials, as has happened with the Human Genome and the Human Genome Diversity projects; • the exploitation of a people’s culture, especially where this involves: » the taking of human remains and other sacred and historical artifacts; » the display of sacred ceremonies and other rituals outside of their proper context; » the inappropriate portrayal of the people and their culture, particularly in themass media and for tourism. With the depletion of fossil fuel and mineral deposits, timber stands and soil fertility in parts of the world that have been intensively exploited for several decades or even hundreds of years, and frontier areas, such as those occupied by the indigenous peoples of Asia, have become tar- gets of aggressive capitalist expansion in the installation and operation of hydropower dams and geothermal power plants, the drilling and pumping of oil and natural gas, mining, logging and the development of plantations. It has been rather easy for capitalist corporations to advance their projects in areas occupied by indigenous peoples because they mostly enjoy the backing of national government, and because there are hardly any national laws that specifically require them to obtain the free, prior, informed consent of affected peoples. Where such laws exist – as in the Philippines – they are often broken. Input the following. Suggested Method Module-2