mainstreaming free, prior & informed consent (fpic) in the extractive industry the case of...
Mainstreaming Free, Prior & Informed Consent (FPIC)
in the Extractive Industry
The Case of Bantay Kita-PWYP Philippines
Background on Bantay Kita-PWYP Philippines
What is Bantay Kita-PWYP Philippines?
• Bantay Kita is a nationwide network of organizations advocating for transparency and accountability in the extractive industries to ensure that communities, and the country as a whole, get its fair share.• Established in 2009•Vision: Empowered communities that promote
sustainable development and good governance of natural resources through transparency and accountability in the extractive industries.•Mission: To build capacities to monitor transparency
and accountability initiatives and to engage with different sectors involved in the extractive industries.
•CSO representative to the Philippine Extractive Industries Transparency Initiative (PH-EITI) Multi-Stakeholder Group (MSG)•Affiliated with Publish What You Pay (PWYP) and
adheres to the PWYP Value Chain /Chain for Change
What is the natural resource
To extract or not to extract?
Where should the money go?
How do you monitor the
What payments are companies making?
Did the payments reach the state?
Was it worth it?
Once the dust has settled
Publish Why You Pay and How to Extract
Publish What You Pay
Publish What You Earn and How You
Publish What You Learn
Did the money get there?
Always Assess How do you extract the best possible deal?
What are our natural
PWYP Chain for Change
FPIC in the Philippines
Legal Framework• According to the 1987 Philippine Constitution, Indigenous Peoples
(IPs) have the right to develop and use the lands and natural resources within their Ancestral Domain. This includes the extraction of natural resources. • According to the Indigenous Peoples’ Rights Act (IPRA) 1997, IPs
may enter into an agreement with non-IPs for the development and utilization of resources within the Ancestral Domain, but only upon the provision of IP’s Free Prior and Informed Consent (FPIC).
BK-PWYP Philippines Case
What We’ve Done
BK-PWYP Philippines has conducted numerous outreach and capacity building sessions with IP communities to:• Introduce:
• PWYP Value Chain • Transparency and Accountability Mechanisms related to monitoring extractive
• Discuss:• IP rights and review, among others, the FPIC process they underwent prior to
signing an Agreement with mining companies.• Pertinent sections of the 1st PH-EITI Report
• Provide a space for reflection on the impact of resource extraction on community development
What We’ve Done
For this, BK-PWYP Philippines has developed:•Modules on FPIC anchored on the Human
Rights Approach in English, Filipino and Bisaya.•Training materials on the FPIC and understanding
Community Based Agreements•Primers on:• Analysis of the PH-EITI Report from the CSO perspective• Subnational Transparency and Accountability Framework
What We’ve Learned• Of the components of FPIC, the INFORMED part is often most
problematic. Majority of IPs are uninformed that not only should they be conscious of negotiating a fair deal over mining rights, but also on their auxiliary rights (water, timber, etc.) as well. They are unaware of their rights to demand and engage, and how to do operationalize them.• CONSENT. There is a general feeling of IPs that granting the right to
non-IPs to explore and develop minerals diminishes their rights. They’re approach is more towards “seeking assistance” from companies that “doing business” as an equal partner.• There is consensus among IPs of the need to formally organize
themselves for better coordination, and a stronger voice in the arena of public debate and negotiation.
• BK-PWYP Philippines to:• Help IPs formally organize themselves• Advocate for a separate seat for an IP representative in
the PH-EITI MSG• Continue to conduct outreach activities and capacitate IPs
to engage meaningfully with other stakeholders and demand for their fair share • Facilitate discussion among IPs, government and
extractive companies• Encourage and assist in the development of Transparency
and Accountability Resource Management Framework within IP communities and current Agreements
Home of Manolita y Loloy Galvez, who refused to sell their property to a mining company. The
company then built the mine around their house. (Photo courtesy of DIOPIM Committee on Mining