Results for:Land Use Planning
Total Resources: 60
This article argues that FPIC processes must remain enduring, enforceable, and meaningful to be effective in resolving disputes between companies and communities. FPIC should benefit both the companies that have the consent of communities and benefit communities with control over resource-based development. The author argues that companies should undergo FPIC processes to tackle growing opposition to their projects in developing countries.
This article discusses the Community Referenda as a consultation strategy to achieve FPIC, in which each community member votes on a potential development project. The development and purpose of FPIC in International law is discussed in the context of mining projects in Latin America that have resulted in conflict. Community Referenda are seen as a democratic form of consultation in which the perspectives of stakeholders can be taken into account.
This article describes the limitations of state conducted Environmental Impact Assessments (EIA) in the context of hydroelectric dams. The social and cultural impacts are not considered by Brazilian governments who frequently address consultation as a formality. The article advocates for greater consideration of EIA’s in decision-making processes.
The core lesson in the creation of UNDRIP was simple: collective action by Indigenous peoples could force major changes in national and international law. The process of improving conditions for Indigenous peoples has now moved to a different level. The socio-economic and cultural problems of Indigenous have been described globally, really for the first time.
FPIC and community protocol-type processes are being used to help claim rights and negotiate agreements in various biodiversity contexts. However, recent developments in international law in relation to access to genetic resources and benefit-sharing (ABS) have brought these participatory tools and processes centre stage.
This paper discusses the use of Impact Benefit Agreements (IBAs) negotiated between industry and Indigenous communities, and Environmental Assessments (EA) that are legislated by the Canadian Government. The author argues that IBAs and EA have the potential to encourage the consultation and partnership of Indigenous people in the development process, with positive impacts on the development project. The Tahltan Nation’s use of IBAs and EA in the Galore Creek Project is examined as a case study.