Rights of local communities
Community members in Didipio say that mining company OceanaGold has not received their free, prior and informed consent to develop a mine in their community. Photo: Jason McLeod/OxfamAUS/OxfamAUS
Free, prior and informed consent
The growth of the mining sector in developing countries, particularly on local community and indigenous land, has increased the importance of ensuring that communities are front and centre of mining-related decision-making processes.
Will costs for communities outweigh the anticipated benefits? Will people be forced to relocate? Will there be real jobs for locals? Where will the money come from for the site clean-up? And will there be enough to cover those costs? These are just some of questions that community members need to have the opportunity to ask and that should be answered by mining and oil companies in an open and accessible way.
Our Guide to Free, Prior and Informed consent will help communities have a say about projects that may impact on their land, livelihood and environment.
Defining free, prior and informed consent
The principle of free, prior and informed consent is vital to upholding the human rights of indigenous peoples and local communities. A suggested definition of the principle is offered in the Framework for Responsible Mining. According to the framework this principle requires that individuals and communities should be informed - in appropriate, accessible language - about projects that might take place on their land. It also guarantees that they are given the opportunity to give or withhold their consent to a project before it commences.
- Free refers to consent obtained without coercion or manipulation
- Prior refers to meaningful, informed consent sought sufficiently in advance of any activities by a company
- Informed means that the process must involve consultation with and participation by people potentially affected with full disclosures of a development activity in an accessible and understandable form
Applying free, prior and informed consent
The principle of free, prior and informed consent:
- Is recognised in the United Nations Declaration on the Rights of Indigenous Peoples
- Is recognised and supported by the International Labour Organization and the Inter-American Court of Human Rights
- Informs the World Bank's policy of only financing development projects where free, prior and informed consent is used or consultation with indigenous peoples is provided for
- Is recognised by some national governments, for example, in the Philippines through the Philippines Indigenous Peoples Rights Act 1997 and in Australia through agreements based on the Aboriginal Land Rights Act 1976
Putting the principle into practice, however, remains a challenge. Even if the principles are agreed by the government, this does not mean that the company will follow through. But many companies recognise that they will not gain a ‘social licence to operate’ without gaining the free, prior and informed consent of potentially affected communities.
Learn more
- Free, prior and informed consent: the role of mining companies (PDF, 583kB)
- Read our Guide to Free, Prior and Informed Consent (PDF, 3MB)
- Framework for Responsible Mining
- United Nations Declaration on the Rights of Indigenous Peoples
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