Guidelines on Indigenous Peoples’ consultation and participation BOX 6 The following is an explanatory note excerpted from the Securing Indigenous Peoples’ Rights in the Green Economy (SIRGE) Coalition’s Guide on Free, Prior and Informed Consent:182 “The [United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP)] includes provisions expressly recognizing the duty of States to secure Indigenous Peoples’ FPIC in the following circumstances: Before Indigenous Peoples’ relocation or resettlement (Article 10) Before the use of Indigenous Peoples’ cultural, intellectual, religious and spiritual property (Article 11) Before implementation of any legislative or administrative measures that could affect Indigenous Peoples (Article 19) Before the use of Indigenous Peoples’ lands (Article 28) Before the storage or disposal of hazardous materials on Indigenous Peoples’ lands (Article 29) Before state approval of any project affecting Indigenous Peoples’ lands, territories, and resources, especially projects related to the development, use, or exploitation of mineral, water, or other resources (Article 32) FPIC includes both: A process of engagement and dialogue (being consulted, asking questions, negotiating, taking the time to fully understand the proposed project) The right to give or withhold consent during or after that process of engagement.” It is vital to note that “the consent of Indigenous Peoples should be determined in accordance with their customary laws and practices.” This does not necessarily mean that every single member must agree – rather “the consent process will be undertaken through procedures and institutions determined by Indigenous Peoples themselves”.183 Various standards and guidelines exist to support company engagement with Indigenous Peoples, other local communities, and with FPIC. For example, the IFC’s Performance Standard 7: Indigenous Peoples184 recognizes the rights of Indigenous Peoples to their lands, territories and resources. It also emphasizes the principles of FPIC throughout the project life cycle and ensures that Indigenous Peoples benefit from mining activities in a fair and equitable manner through mechanisms such as benefits sharing, capacity building, employment opportunities, support for local development, and meaningful consultation and participation. Other resources include: United Nations Declaration on the Rights of Indigenous Peoples185 and Guiding Principles on Business and Human Rights186 International Labour Organization’s Indigenous Peoples: Consultation and Participation guidance on Convention 169187 The Securing Indigenous Peoples’ Rights in the Green Economy (SIRGE) Coalition’s A Guide on Free, Prior and Informed Consent188 Forest Peoples Programme’s guidance on good faith consultation and negotiations with Indigenous and tribal communities189 The Asia Indigenous Peoples Pact’s (AIPP) Handbook on Extractive Industries and Free, Prior and Informed Consent of Indigenous Peoples190 OECD’s Due Diligence Guidance for MeaningfulStakeholder Engagement in the Extractive Sector191 TNFD’s Guidance on engagement with Indigenous Peoples, Local Communities and affected stakeholders192 SBTN’s Stakeholder Engagement Guidance193 IRMA’s Free, Prior and Informed Consent (FPIC) guidance194 Tools can also help companies identify areas that have been traditionally owned, occupied or otherwise used and/or acquired by Indigenous Peoples and other local communities, and other areas of biocultural importance, including: The Indigenous Peoples’ and community conserved territories and areas (ICCAs)195 The Global Land Governance Index’s LANDex Indicators196 WRI’s LandMark platform197 The Indigenous Navigator198 Nature Positive: Role of the Mining and Metals Sector 34

Nature Positive Role of the Mining and Metals Sector