(kmnsoyuz.ru) - A side event, "Agreements between industrial companies and indigenous peoples: experience in applying FPIC and capacity building" was held on Thursday, within the framework of the 15th session of the UN Expert Mechanism on the Rights of Indigenous Peoples.
The event focused on interaction between industrial companies and indigenous peoples based on the principle of FPIC. The experience of such cooperation, judging by the evidence presented at the discussion, shows two directly opposite tendencies. On the one hand, we see examples where FPIC is a tool for developing relations between indigenous peoples and industrial companies. On the other hand, in some countries FPIC is becoming a tool of manipulation by industrialists and government agencies.
The participants of the discussion were experts from the UN Permanent Forum and the UN Expert Mechanism, representatives of indigenous peoples and industrial companies.
Aleksey Tsykarev, Deputy Chairman of the UN Permanent Form, noted in his speech that the application of FPIC gave indigenous peoples the opportunity to say “yes” and “no” to development projects that come to their territories. And if the indigenous peoples say “yes”, then they should have the right to put forward their own conditions for the implementation of these projects.
“Indigenous peoples should be able to determine their own modus operandi in FPIC negotiations. At the same time, no one should impose on them practices that were successful in other socio-cultural regions, as well as participation in FPIC itself,” Alexey Tsykarev said.
He acknowledged in his report that often indigenous peoples are in more constrained circumstances compared to industrial companies and government agencies, due to limited financial resources, legal knowledge, and organizational skills:
“If for representatives of state bodies and industrial corporations the implementation of development projects and negotiations with indigenous peoples is work, which is even paid, for indigenous peoples this is an additional burden. It is necessary to attract resources, both material and consulting, to assist indigenous peoples in these matters.”
Chairman of the UN Permanent Forum on the Rights of Indigenous Peoples, Dario José Mejia Montalvo, spoke at the meeting about the deceptive impression that the infinity of time and natural resources has on a person.
“Theoretically, natural resources are so great that we are accustomed to considering them infinite. But this is not so: in fact, we have reached the limit of these resources, beyond which we will not be able to replenish them,” he said.
Dario Jose Mejia Montalvo emphasized in his speech that what happens to nature inevitably affects humanity. He highlighted the three key capabilities necessary for indigenous peoples to preserve their identity: the ability to own their lands, the ability to think like ancestors, and, finally, the ability to make their own decisions.
“When we talk about FPIC, we put these possibilities in a legal framework,” concluded Dario José.
Gregory Gouldin, President of Cross-Cultural Consulting Services, recalled that work on FPIC is primarily a collaborative process:
“A detailed FPIC work plan ultimately reduces social risks and improves relationships with indigenous communities. There is need in continuous work of an indigenous decision-making body throughout the entire process, and most importantly, indigenous peoples must be able to directly influence decision-making.”
The importance of direct participation on the part of indigenous peoples in decision-making cannot be overestimated: for example, in Nepal, where Gregory Gouldin's company worked to organize the process of obtaining FPIC, the final documents on the agreement were consecrated by a local shaman.
The importance of FPIC was also confirmed by Tunga Rai, National Coordinator of the Federation of Indigenous Nationalities of Nepal:
“The event presented by Gregory is unique for our country. Our people have struggled for many years to implement the principle of FPIC, and for the first time we have been able to implement it.”
An example of FPIC implementation in the Russian Arctic was presented by Vasily Zakharov, Head of Regional Programs of PJSC MMC Norilsk Nickel, and Igor Yamkin, Chairman of the Council of Representatives of Tukhard Village Residents.
Vasily Zakharov spoke about the history of the village of Tukhard dwelling in detail on the implementation of the FPIC in Taimyr and noting that the residents of the village took an active part at every stage of the work electing the Council of Representatives, choosing a site for the construction of the future village and making proposals for its infrastructure.
It should be noted that the company paid attention not only to the residents of the village who have registration and housing there, but also to the reindeer herders who are nomadic and have relatives in the village and are somehow connected with this settlement, and to the residents who do not have registration in the village but living there. For example, hotels will be built for reindeer herders in the future, and houses for permanent residents of the village will be transferred to their ownership.
Igor Yamkin, Chairman of the Council of Representatives of Tukhard Village Residents said that work on the agreement lasted almost half a year, and the Council included seven representatives of the village, six of whom were women. The main requirement of the residents was the comfort of the future settlement both for life and for traditional crafts. Finally, Igor Yamkin expressed his readiness to invite all participants in the discussion to the new Tukhard.
Pullman Chaudhary, member of the Permanent Forum on Indigenous Issues recalled in his speech that indigenous peoples are on the path of progress and no one should violate their rights.
“Indigenous peoples should be fully informed about corporate development plans,” said Pullman Chaudhary.
Concluding the event, its moderator Antonina Gorbunova, member of the UN Expert Mechanism on the Rights of Indigenous Peoples and Executive Director of the Interregional Non-Governmental Organization "Indigenous Peoples Union" noted that the UN expert bodies on the rights of indigenous peoples contribute to building the capacity of indigenous peoples and industrial companies, developing recommendations and guidelines for the application of international standards.
One of the goals of the event is to contribute to the discussion of the study of the UN Expert Mechanism on the Rights of Indigenous Peoples “Treaties, agreements and other constructive arrangements, between indigenous peoples and States, including peace accords and reconciliation initiatives, and their constitutional recognition.” The topic is determined by the fact that there has been a trend in the world practice when indigenous peoples and companies enter into direct agreements with each other, both with the participation of the state and without it. In this regard, it is necessary to ensure the capacity of indigenous peoples and provide them with the necessary resources to participate in the preparation and implementation of such agreements.
Summing up the results of the meeting, Antonina Gorbunova also said that the opportunity to unite on such platforms, express their opinions, exchange practices of applying FPIC, promotes not only regional experience, but also enriches the experience of applying FPIC across the world.
ABOUT THE COMPANY
MMC Norilsk Nickel is a diversified mining and metallurgical company, the world’s largest producer of palladium and high-grade nickel and a major producer of platinum and copper. The company also produces cobalt, rhodium, silver, gold, iridium, ruthenium, selenium, tellurium and other products.
The production units of Norilsk Nickel Group are located at the Norilsk Industrial District, on the Kola Peninsula and Zabaykalsky Krai in Russia as well as in Finland.
MMC Norilsk Nickel shares are listed on the Moscow and on the Saint-Petersburg Stock Exchanges, ADRs are accepted for trading on the Saint-Petersburg Stock Exchange.
Norilsk Nickel fully supports the 2030 Agenda for Sustainable Development and the UN Sustainable Development Goals. The Company considers social responsibility and commitment to the principles of sustainable development as one of the pillars of operational efficiency and business development. Nornickel seeks to continuously improve its activities in the areas of environmental protection, human rights, health and safety, environmental impact assessment, and biodiversity preservation. The company spent RUB 221.5 billion on SDG-linked projects in 2021.
