The principle of "Free, Prior and Informed Consent" (FPIC) is promoted through international agreements and safeguards in order to strengthen social equity in resource management by requiring consent from indigenous and/or local communities prior to actions that affect their land and resource rights. Based on early experiences with implementing FPIC standards in mining and forestry, we examine how FPIC has impacted social equity and why. In both sectors FPIC was first operationalized through non-governmental standards that revealed ambiguities surrounding its definition and implementation. In mining, FPIC was first codified in the standards of financial investors, while in forestry FPIC emerged within competing market-based certification schemes, resulting in contrasting definitions. In both sectors, contextual factors such as government laws and policies, the socio-political environment and the overall distribution of rights and resources strongly shape the impacts of FPIC on equity particularly for actors without strong legal rights. These findings are significant for emerging arenas such as REDD+, where there is much debate around the role of governments, financial institutions and market-based actors in applying FPIC for social equity outcomes. (c) 2013 Elsevier Ltd. All rights reserved.
机构:
Univ Dundee, Ctr Energy Petr & Mineral Law & Policy, Dundee, Scotland
Univ Western Australia, Law Sch, Crawley, WA, Australia
Murdoch Univ, Murdoch, WA, Australia
Barrister Western Australian Bar Assoc, Perth, WA, AustraliaUniv Dundee, Ctr Energy Petr & Mineral Law & Policy, Dundee, Scotland
Southalan, John
Fardin, Joe
论文数: 0引用数: 0
h-index: 0
机构:
Univ Western Australia, Ctr Min Energy & Nat Resources Law, Crawley, WA, AustraliaUniv Dundee, Ctr Energy Petr & Mineral Law & Policy, Dundee, Scotland