The right to free, prior, and informed consent (FPIC): Reflections on experiences of two Indigenous communities in northern regions of Canada and Chile [BOOK CHAPTER]

The right to free, prior, and informed consent (FPIC): Reflections on experiences of two Indigenous communities in northern regions of Canada and Chile [BOOK CHAPTER]
Terry Mitchell, Courtney Arseneau, José Aylwin, Darren Thomas
Decolonizing Law [Routledge 2021]
Abstract
In this chapter, we focus on the ongoing pressures faced by Indigenous communities in responding to growing global investments in extractive activities such as mining. In highlighting the obligations of states and businesses to adhere to consultation processes and practices of the right to free, prior, and informed consent (FPIC), we provide a comparative analysis of the barriers faced by Indigenous Peoples in mining affected communities in northern Ontario (Canada) and in northern Chile. We also call attention to the extraterritorial responsibilities of Canada’s mining investments in Chile, presenting the situation of global extractive practices as a new wave of colonialism known as extractive imperialism. We share reflections from our work across the two case study sites, including a workshop that brought together leaders from both regions to share experiences, strategies of resistance, and Indigenous perspectives of consultation and FPIC from across the Americas. We discuss key Pan-American findings of (1) a lack of consultation and information; (2) inducement and division; and (3) environmental impacts as parallel experiences across both regions. We conclude with reflections on decolonial approaches to consultation and policy recommendations for the implementation of FPIC and the monitoring of Indigenous rights in Canadian mining activities across the Americas.

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