CETIM & Legal Resources Centre Oral Statement on Lessons learned and challenges to access to remedy (selected cases from different sectors and regions
Author: CETIM & Legal Resources Centre, Published on: 28 October 2016
...[W]e think that it is imperative to include the peoples’ right to development...as a core principle of the binding instrument...2. With regards to procedure, the LRC submits that effective participation by affected communities in the Treaty development process should be facilitated...The Treaty should expressly recognise the customary rights to land and natural resources of the affected communities as property rights, whether documented or not, and provide for appropriate compensation and reparation where applicable. The Treaty must require the free, prior and informed consent of all communities with customary rights to the affected land and resources. FPIC is a procedural and a substantive right: it includes the protection of peoples’ right to full and timely disclosure of all relevant information prior to the approval of the project, the recognition of and respect for the customary decision making processes of the affected communities and, ultimately, the right to say no thank you to a project. Communities from around the globe who are, or will be, adversely affected by corporate activity must be at the centre of the development of the Treaty, including all associated discussions and negotiations.