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Corporate Readiness and the Human Rights Risks of Applying FPIC in the Global Mining Industry

Author: Deanna Kemp, John R. Owen (University of Queensland), Business and Human Rights Journal, Volume 2, Issue 1, Published on: 23 February 2017

As indigenous peoples have sought recognition of their individual and collective rights, the topic of free prior and informed consent (FPIC) has been pushed to the forefront of debates about resource development…The relevance of FPIC to mining is three-fold: (i) the rights of indigenous and tribal peoples are becoming more firmly recognized in international human rights norms and case law; (ii) mineral exploration and mine expansion activities increasingly occur in locations which affect the land and resource rights of indigenous peoples; and (iii) extractive companies now engage with business and human rights debates, largely due to the UN Guiding Principles on Business and Human Rights…In this piece, we provide a brief account of recent developments in the mining sector that confirm this ‘push’ and consider implications for mining industry practitioners. Our focus, in this piece, is to explore a series of practice-based issues and questions relating to the application of FPIC in the mining sector…

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Related companies: Anglo American Barrick Gold BHP Billiton Glencore Newmont Goldcorp OceanaGold Pan Australian Resources Rio Tinto