Ex-member of the Permanent Forum and head of Young Karelia Alexey Tsykarev moderating the event noted that the emerging practice of applying the principle of free, prior and informed consent should take into account the specificities of various sociocultural regions of the world, at the same time maintaining highest international standards. Moderator invited participants to reflect on how localization of FPIC could make the application of this principle more effective.
Event participants discussed the need for a detailed assessment of existing methodologies and practices at the global level. Executive director of the Global Compact Network Russia Natalya Dorpeko underscored that the UN Global Compact framework allows for increased commitment to human rights by business.
Alexey Tsykarev stressed that companies must stop approaching Indigenous Peoples as stakeholders, and begin to see them as rights holders. Sharing the findings of his most recent study on Implementing FPIC in the Context of Indigenous Peoples, expert noted some difficulties in the effective application of this human rights principle. For example, it is not always clear to companies who exactly they should interact with and which Indigenous representatives have the legitimate right to represent the interests of project-affected communities. In turn, Indigenous Peoples sometimes do not have a clear understanding of their rights under the FPIC principle, do not have the proper experience in negotiations, and do not always have mechanisms for making consolidated collective decisions.
The current expert of the UN Permanent Forum on Indigenous Issues, Rodrigo Eduardo Payalef Monnar from Chile, shared his experience of promoting FPIC in his country, recognizing the presence of a large number of difficulties.
- We have encountered strong resistance to the application of FPIC principles, including in the context of indigenous resistance to development projects, Mr. Monnar noted. Expert listed distrust of the government by Indigenous communities as a major reason for the situation. In particular, this is manifested in the fact that Indigenous Peoples are not represented in committees that are designed to work according to FPIC standards, and consultations with them are not carried out.
According to Antonina Gorbunova, Member of the UN Expert Mechanism on the Rights of Indigenous Peoples, the practice of applying FPIC in Russia is quite diverse. Expert analyzed examples of the use of FPIC by such companies as Sakhalin Energy, Yamal LNG and Nornickel. Gorbunova mentioned a few examples, including consultations carried out on the resettlement of the village of Tukhard in Taimyr, and consultations on the proposed lithium mining project in the Murmansk region. In addition, UN expert shared her observations on the process of drafting on the FPIP agreement in Tukhard, where the Council of Representatives (Indigenous decision-making body created to consult with the company) acted on behalf of the local Indigenous community.
Grigory Dyukarev, Chair of the Council of Representatives of Indigenous Small-Numbered Peoples of Krasnoyarsk Territory, underlined the complete independence of the Tukhard Council.
- At that time, I worked as Chair of the Association of Indigenous Small-Numbered Peoples of Taimyr, but I did not take a mediator function in this process: the decisions were made solely by the people of Tuhard.
Director of the Cross-Cultural Consulting Services Gregory Guldin presented the New Paradigm concept and reminded of the need to reconsider approaches to FPIC ensuring transparency and involving Indigenous Peoples not only in decision-making, but also in monitoring. As an example of such effective interaction, Gregory Guldin noted the experience of Russian industrial companies, highlighting the practices used by the Sakhalin Energy.
Advisor to the Head of the Federal Agency for Ethnic Affairs of Russia Sergei Timoshkov emphasized that in Russia there is extensive experience in applying elements of the FPIC in the context where this term does not exist in the legislation. He supported the idea of localizing FPIC to accommodate into regional contexts. He also saw opportunities in following new methodologies (such as the New Paradigm) to adapt human rights principles to the realities and needs of a particular country.
Summing up the discussion, Alexey Tsykarev drew attention to the fact that one of the key challenges in the application of FPIC in the world, perhaps, lies not in the lack of universal methods, but in the lack of trust between the participants, which was highlighted by many speakers. However, moderator believes that FPIC can help to restore this trust and become the basis for long-term relationships based on mutual respect.
