Statement by
Indigenous Peoples Rights International
(IPRI)
The Indigenous Peoples Rights International (IPRI), strongly denounce the continued exploitation of Indigenous territories for mining of critical minerals without the protection of our Free, Prior, and Informed Consent (FPIC). This constitutes a grave violation of our collective rights to land, territories, and resources and to self-determination, as enshrined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), ILO Convention 169, and other international human rights standards.
last August, the International Council on Mining and Metals (ICMM) adopted a revised Mining Policy Statement on Indigenous Peoples (MPS). Indigenous Peoples engaged in good faith in the process. But, despite repeated strong opposition to the draft statements, ICMM failed to uphold Indigenous Peoples’ rights to say NO, i.e. to withhold our consent in as part of their Free, Prior and Informed Consent (FPIC). Therefore, in cases when Indigenous Peoples oppose projects, instead of requiring companies to respect Indigenous Peoples’ self-determined decisions, the MPS provides guidance to the companies on how to proceed with projects despite Indigenous Peoples withholding their consent.
last year, four major mining associations: The Copper Mark, ICMM, the Mining Association of Canada and World Gold Council launched the Consolidated Mining Standard Initiative (CMSI) with the aim to consolidate their different voluntary responsible mining standards into one global standard. The draft fails to respect Indigenous Peoples’ right to FPIC. IPRI and various organizations have expressed their strong opposition on the proposed draft of the CMSI,
These business associations represent a large percentage of the world’s mining industry. ICMM alone represents a third of the global mining industry. It is profoundly concerning that these associations only play lip service to respecting rights including FPIC but not in action in terms of respecting the collective decisión of Indigenous communities including the right to say no.
We would like to make the following recommendations to the UN Permanent Forum on Indigenous Issues:
To ensure Indigenous Peoples’ rights are fully respected in the mining of critical minerals, we call on the Permanent Forum to make these recommendations to States and the private sector to:
- Legally require and properly implement Free, Prior, and Informed Consent (FPIC)including the right tos ay no as a mandatory condition for approving mining licenses, and establish independent mechanisms to monitor compliance and resolve conflicts.
- Recognize and protect Indigenous land rights and customary tenure systems, including through mapping, titling, and legal recognition of Indigenous Peoples customary lands before any extractive activity is considered.
- Ensure equitable benefit-sharing when consent is provided and for the full and effective participation of Indigenous communities including Indigenous women and youth in decision-making across the mining value chain, from exploration to closure, with long-term investments in sustainable livelihoods, environmental protection, and community development.
