Grace Balawag

Tebtebba – Indigenous Peoples’ International Centre

for Policy Research and Education

www.tebtebba.org and www.aippnet.org

6 December 2014

Global Landscape Forum, Lima, Peru

Ensuring Free, Prior and Informed Consent (FPIC) in REDD+

Key Questions

Why does REDD+ needs FPIC?

What does a process that respects the right to FPIC consist of?

How should FPIC be applied in REDD+ projects?

Key Challenges

Opportunities

Why does REDD+ needs FPIC? FPIC is a right of IPs, within Cancun Safeguards

c) Respect for the knowledge and rights of indigenous peoples and members of local communities, by taking into account relevant international obligations, national circumstances and laws, and noting that the GeneralAssembly has adopted the United Nations Declaration onthe Rights of Indigenous Peoples (UNDRIP);

d) Full and effective participation of relevant stakeholders, including, in particular, indigenous peoples andlocalcommunities;

e) Actions that are consistent with the conservation of natural forests and biological diversity, ensuring that actions are not used for the conversion of natural forests, but are instead used to incentivize the protection and conservation of natural forests and their ecosystemservices,and to enhance other social and environmentalbenefits;

Why does REDD+ needs FPIC?Respect for the knowledge and rights of indigenous peoples

FPIC is a collective right of IPs with a set of principles that define the process or mechanism

Independent, collective decision making process with the full and effective participation of IPs

Full and effective participation through representation of IPs in all relevant bodies and mechanisms where appropriate at the local, sub-national, national, regional and international levels

FPIC requires disclosure of all

necessary information, as basis

for IPs to accept or reject any

proposal, project, program or

policy, activity or action that has

any implication on their lives,

lands, territories and resources

• Collective right of IPs to decide

on the development of their LTR

and well-being

What does a process that respects the right to FPIC consist of?

The conduct of Free, Prior and Informed Consent (FPIC)

FPIC, with Full and Effective Participation of Indigenous Peoples

Information dissemination as precondition for the full and effective participation of indigenous peoples in all phases and all levels of REDD+ readiness and implementation

Consultation: a mechanism for information sharing, sharing and exchange of views/opinions on a certain proposal or action

Consent: a result of an independent and collective discussion making process, with decision arrived at through a process – with access to relevant information, consultations, internal deliberations, and independent decision-making processes – resulting in a collective decision of giving or withholding their consent.

How should FPIC be applied in REDD+ projects, decisions and actions?

FPIC applies in all phases and all levels of decisions and actions on REDD+

Consultations and effective participation of IPs in mechanisms and processes related to REDD+ at all levels and all phases

FPIC through the duly selected or authorized representatives of indigenous peoples in the RPPs and R-Package, with legislative reforms affecting IPs relating to REDD+

FPIC of IP communities as a continuing process, done in the pilot areas of REDD+, during readiness to implementation phases and at all levels

Full and effective engagement of IPs in the pilot areas, with necessary access to relevant information and providing required capacity building and appropriate community-based trainings, monitoring and information systems

REDD+ CRITICAL ISSUES for IPs Identifying drivers of Deforestation and forest Degradation

IP Agro-forestry activities, shifting cultivation/rotational agriculture are not drivers, but part of traditional management of forests

Land Tenure Rights Respect/recognition of customary ownership, control, management of LTR Communal land rights and security of IPs should be recognized

Forest Governance IPs’ traditional sustainable use and management of forests and other

ecosystems, thru customary laws, governance and institutions

Gender and Intergenerational Considerations Role, contribution and participation of women and youth, with respect to the

role of the Elders

Non-Carbon Benefits and Benefit Sharing include cultural/spiritual values, enhancing local economies and traditional

livelihoods, increased land tenure security, enhanced biodiversity conservation, improved forest governance, policy reforms, etc.

with equity, based on needs and priorities defined by IPs, in accordance to their management capacities

Vietnam Experience in FPIC Piloting Vietnam has pioneered the implementation of FPIC in the pilot

province of Lam Dong

Facilitation team including ethnic minorities; lack of substantive knowledge and understanding of REDD+, FPIC, Indigenous Peoples rights and their livelihood systems

Effective forms of communication like posters, booklets, brochures etc. were used but: The time allocated for information dissemination was short

The information provided was not sufficient and in particular lack the substance on the rights and natural resource management of the indigenous peoples and benefit sharing

The focus was merely on the forest conservation and the economic benefits of REDD+

Consent was taken merely by asking whether they want their forests to be conserved (Raising hands and secret balloting)

Devoid of the potential risks and implications associated with the land tenure, livelihood systems and identity of indigenous peoples among others

Vietnam Experiences in FPIC Piloting

No time and opportunity for the community members to independently process and compare with information from alternative sources and then discuss and deliberate on their understanding, views and concerns collectively prior to the decision making.

Village reports prepared by the local facilitators lacked information on the issues and concerns raised by the villagers in the course of the meetings.

These lessons were taken into account in the further development of the UNREDD guidelines on FPIC

Inspite of the weaknesses and limitations of the Vietnam experience, it is still a positive learning experience especially with the support and cooperation of the government of Vietnam

Key Challenges

Lack of adequate information on REDD+ at the community level in the forms and manner understood by the communities

Lack of understanding of REDD+ and FPIC and rights of IP communities and the need to build their capacities .i.e. engagement of government and other actors; and to strengthen harmonization and systems of collective decision making, and in developing collaboration with accountable leaders

Misrepresentations, manipulations, fasttracking of the FPIC process.

Lack of independent monitoring and recourse mechanism

--To be formed by credible individuals with deep understanding of IPs rights and with IP experts identified by IP communities/institutions

--Accessible to IP communities and have effective communication channels with all parties

--Has mandate to address concerns of IPs and violation to the principle and processes of FPIC

Opportunities

New international and national standards and guidelines governing REDD+ and its financing are emerging

FPIC Guidelines developed by various REDD+ mechanisms and multilateral / international agencies

Some REDD+ countries piloting FPIC at subnational levels and drawing lessons learned in FPIC processes, with participation of IPs

Other REDD+ countries showing willingness to undertake FPIC

Support for IPs’ information systems and capacity building for their empowerment and to engage more effectively

IPs now more active and capable to engage constructively in REDD+ processes at global, regional and national/subnational/local levels

Thank you for your attention! For more information, please visit our websites:

www.tebtebba.org and www.aipp.org

Articles of the UNDRIP on FPIC

FPIC is the right of indigenous peoples to be fully informed and to reject or give their consent based on their own collective decision making process to any project or programmes or laws that concerns them. With sufficient time all facts must be shared to the community where they can base their decision and agreement by the people is with out force or manipulation by outside parties or the state.

Article 10: Indigenous peoples should not be forcibly removed from their lands or territories. No relocation shall take place without the FPIC of Indigenous Peoples concerned.

Article 11, No.2: related to the right to culture and religion

Article 19: related to self governance and the formulation of laws and policies affecting IPs

Article 28, no 1: right to land and to redress

Article 29, no.2: right to territory and security from

hazardous materials

Article 32, no.2: right to land and resources

The Principles of FPIC in the International Human Rights Instruments

The International Labour Organization: Indigenous and Tribal Peoples Convention, 1989 (No. 169): no relocation without consent; informed participation in the context of development, national institutions and programmes, lands and resources

The Committee on the Elimination of Racial Discrimination: to ensure that members of IPs have rights in respect of effective participation in public life and that no decisions directly relating to their rights and interests are taken without their informed consent

The Committee On Economic, Social And Cultural Rights (CESCR) has highlighted the need to obtain indigenous peoples consent in relation to resource exploitation

Convention on Biological Diversity (CBD) work on Access and Benefit Sharing, Programme of work on Protected Areas– conduct of cultural, environmental and social impact assessment regarding developments proposed to take place on sacred sites, lands and waters of IPs