WHO WE ARE
INSIDE THE NETWORK
VOLUNTEER WITH US
Amplifying the people’s stories.
STORIES FROM THE NETWORK
Hellen Empaing
Jaringan Orang Asal SeMalaysia (JOAS) Malaysia
Sarah Dekdeken
Cordillera Peoples Alliance (CPA) Philippines
Prabindra Shakya
Community Empowerment & Social Justice Network (CEMSOJ) Nepal
FREE FRENCHIE MAE CUMPIO!
MORE VIDEOS
NEWS & FEATURES
Hellen Empaing
Jaringan Orang Asal SeMalaysia (JOAS) Malaysia
Sarah Dekdeken
Cordillera Peoples Alliance (CPA) Philippines
Prabindra Shakya
Community Empowerment & Social Justice Network (CEMSOJ) Nepal
Debunk lies, amplify facts.
OPINION
Hellen Empaing
Jaringan Orang Asal SeMalaysia (JOAS) Malaysia
Sarah Dekdeken
Cordillera Peoples Alliance (CPA) Philippines
Prabindra Shakya
Community Empowerment & Social Justice Network (CEMSOJ) Nepal
Indigenous Peoples’ Rights at Risk: ICMM’s Position Statement Falls Short on Free, Prior, and Informed Consent
Public statement on the adoption of the Indigenous Peoples & Mining Position Statement of the International Council on Mining and Metals (ICMM)
Asia Indigenous Peoples Network on Extractive Industries and Energy (AIPNEE) and Right Energy Partnership with Indigenous Peoples (REP) strongly denounce the Indigenous Peoples and Mining Position Statement of the International Council on Mining and Metals (ICMM) adopted on 8 August 2024.
AIPNEE and REP, along with other Indigenous Peoples’ Organizations and representatives, had engaged in the review of the Position Statement in good faith and submitted comments, including revisions in the text of the draft Position Statement itself, to the ICMM. That is despite our serious concerns that we consistently raised with the ICMM about lack of meaningful engagement and wider consultations with Indigenous Peoples and other stakeholders in a transparent and timebound manner for the review.
Our foremost and gravest concern is that the Policy Statement fails to commit the ICMM members to respect the non-negotiable principle of Free, Prior and Informed Consent (FPIC) of Indigenous Peoples for their mining and mining-related projects. FPIC is not merely a procedural requirement; it is a human rights norm grounded on the fundamental rights of Indigenous Peoples to self-determination and their lands, territories and resources, among other rights, as guaranteed in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and other international human rights law.
The Position Statement deliberately avoids using the established terminology of FPIC, instead opting to use vague language. It merely states ICMM members’ intention to obtain agreement for impacts from their activities on Indigenous Peoples’ rights setting out equitable terms by which impacts may occur and be mitigated. While Commitment 4 provides that agreement should be achieved in accordance with the principles of FPIC, it significantly falls short of international human rights laws such as the UNDRIP, and jurisprudence of regional courts such as the Inter-American Court for Human Rights (IACHR), as well as the environmental and social standards of the multilateral institutions such as the International Finance Corporation (IFC) and the World Bank. The deviation of the Position Statement fails to meet these frameworks, which mandate projects to obtain FPIC without exception when the project 1) impacts on lands and natural resources subject to their traditional ownership or under customary use, 2) causes their relocation from such lands and natural resources, and 3) impacts their critical cultural heritage, among other things, and that that the project cannot proceed with unless FPIC has been obtained.
Even more concerning, the Position Statement acknowledges that there may be circumstances where agreement is not obtained and sets out the process that ICMM members will take in this instance. Under Commitment 5, it simply provides that ICMM members will develop a policy or approach outlining the steps they have taken to fulfil these commitments where agreement is not obtained. Thus, the Position Statement continues to infer that the FPIC of Indigenous Peoples can be overridden by a company for a project authorized by a State (as maintained in the Explanatory note). This not only violates Indigenous Peoples’ rights but also has far reaching consequences, including social unrest, environmental degradation, irreversible loss of cultural heritage, among others. History has shown that ignoring FPIC leads to long-lasting harm to Indigenous communities and exacerbates division among them, making it imperative that this principle be upheld without compromise.
We reiterate our demand that the ICMM, under the Position Statement, must commit its members to obtain FPIC of Indigenous Peoples affected by their mining and mining-related projects. ICMM members must not proceed with a project if FPIC of the affected Indigenous Peoples’ communities have not been obtained.
For existing projects, ICMM members must establish FPIC through a new agreement if the impacts to Indigenous Peoples’ rights are ongoing, including when new significant impacts are identified or occur. When obtained, FPIC must be well-documented in a written agreement validated with the entire community and the agreement should be earnestly implemented with provision of adequate resources.
Further, we are dismayed that our other concerns in relation to emphasis on the meaningful engagement of Indigenous women, youth, persons with disabilities, and other marginalized groups in the community in the FPIC, equitable benefit sharing, establishment of culturally appropriate and gender sensitive grievance mechanisms, and identification of no go zones such as areas inhabited by Indigenous Peoples in voluntary isolation and critical cultural heritage and biodiversity sites have also been completely ignored.
We deplore that the ICMM missed the opportunity of the review to achieve the highest standards in the Position Statement to fulfil its responsibility to respect human rights and the rights of Indigenous Peoples. The implications of ICMM’s Position Statement extend far beyond its membership. By adopting a policy that weakens the commitment to FPIC, ICMM risks setting a dangerous precedent that could embolden other industries and governments to undermine the rights of Indigenous Peoples. Such a stance not only threatens the survival of Indigenous Peoples but also undermines the global movement towards greater corporate responsibility and ethical governance.
We demand that ICMM and its members take immediate steps to revise the Position Statement, incorporating a full and unequivocal commitment to FPIC. This revision process must be conducted in a transparent, inclusive manner, with direct involvement from Indigenous Peoples, to demonstrate ICMM’s genuine commitment to upholding human rights. Anything less would be a failure of ICMM’s responsibility to respect the rights of Indigenous Peoples.
Download full public statement here.
Indigenous Women and Youth Call for Urgent Actions for Just Energy Transition
PRESS RELEASE
Thirty Indigenous women and youth representatives from nine countries across Asia gathered at the Regional Conference on a Just and Sustainable Energy Transition held from September 20- 22, 2024. The representatives discussed the challenges they face in the transition from fossil fuels to renewable energy and their initiatives and solutions for just energy transition, and issued a declaration demanding respect for Indigenous Peoples’ rights and urgent actions toward a just and sustainable energy transition.
“Indigenous Peoples are among those without access to electricity yet their territories are host to megadams and mining projects. The transition to renewable energy, without the recognition and respect of Indigenous Peoples rights, will lead to ethnocide given the current increasing multiple challenges that Indigenous communities are facing, said Robie Halip of the Right Energy Partnership with Indigenous Peoples (REP).”
Safety and security concerns brought about by the influx of workers of the project were raised by participating Indigenous women. Education of Indigenous youth are also affected resulting from their community’s displacement and loss of livelihood. Indigenous youth are forced to look for jobs outside their communities to support their families. Indigenous women and youth are also not spared from criminalization and harassments as they defend their territories from imposed renewable energy and mining projects.
Amidst these challenges, participating Indigenous women and youth shared their experiences in establishing community based renewable energy systems integrating Indigenous Peoples knowledge and modern technology as well as initiatives on productive end use to ensure sustainability.
The Declaration of the Conference calls for States, businesses, and investors to respect the rights of Indigenous Peoples, including to Free, Prior, and Informed Consent (FPIC), particularly of women and youth, in energy transition projects.
The conference delegates outlined a series of demands, including:
- Legal Recognition of Indigenous Peoples’ Rights: Effective implementation of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and the General Recommendation no. 39 of the Committee on Elimination of Discrimination against Women (CEDAW) on the rights of Indigenous women and girls.
- FPIC and Self-Determination: Ensuring the rights of Indigenous Peoples, particularly women and youth to FPIC, including their right to withhold or withdraw consent, for decision-making on energy transition projects.
- End Criminalization and Violence: Protection of Indigenous human rights defenders, especially women and youth, from criminalization and reprisals for defending their rights against harmful projects.
- Support Indigenous-Led Solutions: Investments in community-owned, Indigenous-led renewable energy initiatives that respect self-determined development.
“Indigenous Peoples-led solutions for renewable energy based on environmental conservation are facing challenges in lack of resources, favorable policies, and technology transfer,” said Prabindra Shakya of Asia Indigenous Peoples Network on Extractive Industries and Energy (AIPNEE). “Promoting renewable energy initiatives led by Indigenous Peoples, particularly women and youth, is vital for our self-determined development and sustainable future for all.”
The conference was organized by REP, AIPNEE and, Asia Indigenous Women’s Network (AIWN) in partnership with UN Women and UNEP, among other supporting groups.
Download the full declaration here: https://bit.ly/47E2XgY
Originally published on the Right Energy Partnership’s website, 23 September 2024
Photo Courtesy: International Accountability Project/Carlo Manalansan
For more information, please contact:
Robeliza Halip
Right Energy Partnership with Indigenous Peoples
Email: robie@rightenergypartnership.org
Whatsapp: +639214928244
Prabindra Shakya
Asia Indigenous Peoples Network on Extractive Industries and Energy
Email: prabin@aipnee.org
Whatsapp: +9779860980745
The Regional Conference Highlighting the Voices of Indigenous Women and Youth for a Just and Sustainable Energy Transition was organized by the Right Energy Partnership (REP), Asia Indigenous Peoples Network on Extractive Industries and Energy (AIPNEE) and Asian Indigenous Women’s Network (AIWN). The initiative was organized in partnership with UN Women and the UN Environment Programme (UNEP) under the EmPower: Women for Climate-Resilient Societies Programme (EmPower) supported by the Governments of Germany, New Zealand, Sweden and Switzerland. To learn more, please visit www.empowerforclimate.org.
Joint Statement: 6th United Nations Responsible Business and Human Rights Forum, Asia-Pacific
Asia-Pacific Indigenous Peoples Caucus
Joint Statement
6th United Nations Responsible Business and Human Rights Forum, Asia-Pacific
25 – 27th September 2024
We, the Indigenous Peoples participating in the 6th United Nations Responsible Business and Human Rights Forum, Asia-Pacific in Bangkok, representing Indigenous Peoples organizations from the Asia-Pacific region, who routinely suffer from the impacts of the climate crisis and actions of States and businesses for climate actions and energy transition plans, stand united in our demands for justice and recognition of our rights. The Asia-Pacific is a region of high biological and cultural diversity, where we, Indigenous Peoples, play a vital role in protecting, conserving and managing our lands, territories, waters, and resources. However, we continue to face criminalization, threats, attacks, and killings for our work protecting lands, the environment, and the planet. Many such persecutions are connected to complex forms of global supply chains, including those in agriculture, fisheries, extractive industries, energy, so-called development, conservation, and tourism.
Therefore, it is essential for States, Businesses, Investors and UN Agencies to respect our core demands:
- Ensure Free, Prior, and Informed Consent (FPIC) of Indigenous Peoples in all processes related to business operations and development activities in their lands and territories, including coastal and marine spaces.
- Recognize and respect Indigenous Peoples rights, values, knowledge, cosmovisions, and practices and incorporate them into climate mitigation and adaptation strategies and actions.
- Ensure that climate actions, including energy transition initiatives, fully respect Indigenous Peoples rights, including that of Indigenous women and youth, are inclusive and equitable, and benefit their communities. Ensure that such actions do not result in any form of human rights violations, loss of livelihoods, cultural heritage and biodiversity.
We call upon
The States:
- Recognize Indigenous Peoples rights to self-determination, Indigenous knowledge, and traditional practices as enshrined in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) General Recommendation 39.
- Fully implement and integrate international human rights and environmental instruments, particularly, the UNDRIP, the Paris Agreement, the Convention on Biological Diversity (CBD), the UN Convention on Climate Change (UNFCCC), and the Kunming-Montreal Global Biodiversity Framework (KMGBF) to operationalize the whole-of-society approach.
- Recognize Indigenous Peoples justice systems as they play a vital role in providing access to justice and dispute resolution.
- Provide direct and flexible financial and technical support to indigenous-led climate mitigation and adaptation initiatives and indigenous-led energy and development solutions.
- Enact, reform, and enforce laws that hold accountable the perpetrators of human rights violations and environmental abuses related to energy transition and other climate actions.
- Stop criminalization of Indigenous Peoples and enact dedicated laws to protect Indigenous Peoples environmental and human rights defenders, including women and youth rights defenders.
- Create spaces for Indigenous Peoples in multilateral processes in decision-making roles related to the climate crisis and energy transition.
- Provide just reparations for the historical and ongoing harms caused to Indigenous Peoples.
The Businesses:
- Regardless of States recognition, respect the rights of Indigenous Peoples and obtain Free Prior and Informed Consent (FPIC) in all business operations in Indigenous Peoples lands and territories.
- Develop policy safeguards on Indigenous Peoples and zero tolerance policies on reprisals against IPHRDs throughout their supply and value chains, with provisions to suspend operations when reprisals are reported.
- Conduct environmental and social impact assessments with the genuine participation of Indigenous communities and take proactive measures to avoid and mitigate negative impacts on them.
- Ensure mandatory human rights and environmental due diligence.
- Establish strong mechanisms and allocate adequate resources for remedial measures for all business operations in Indigenous lands and territories.
The Investors and Financial Institutions:
- Establish and implement effective social and environmental safeguards in line with Indigenous Peoples rights for any projects in Indigenous lands, territories, waters and resources.
- Suspend/withdraw investments when there are complaints of harmful impacts on Indigenous Peoples and their lands, territories, waters and resources or reprisals against defenders.
- Ensure that a human rights-based approach guides investment and mobilization of any finances into Indigenous lands, territories and waters, fully complying with the UNDRIP, assuring Indigenous Peoples ownership, leadership, self-determination, and self-governance.
- Provide direct, accessible and flexible financing for indigenous-led climate mitigation and adaptation initiatives and indigenous-led energy and development solutions.
The UN Agencies:
- Ensure concerted efforts through the formulation of a system-wide action plan (SWAP), in consultation with Indigenous Peoples and the establishment of an Inter-Agency Support Group (IASG) on Indigenous Peoples at the Asia-Pacific regional level to ensure that regional and country programming are responsive to the needs and priorities of Indigenous Peoples.
- Strengthen synergies and coordination to support the work of the relevant mechanisms and procedures on Indigenous Peoples, UN Working Group on Business and Human Rights and other Special Procedures with the treaty monitoring bodies to effectively address human rights concerns of Indigenous Peoples and assist states in monitoring and evaluating state and corporate obligations for Indigenous Peoples rights.
- Create spaces for Indigenous Peoples in multilateral processes in decision-making roles related to the climate crisis and energy transition.
- Particular to the conduct of the Responsible Forum on Business and Human Rights, we call for a stronger coordination and collaboration between the co-organizing UN agencies and bodies to ensure that the forum is a collective effort of all and not just of one. We also recommend for rightsholders to be consulted in defining thematic priorities for the Forum based on emerging issues and concerns on business and human rights in the region. Further to this, we call for the meaningful participation of Indigenous Peoples through the conduct of more spaces for constructive dialogue between Indigenous Peoples and states and businesses as well as spaces for Indigenous Peoples to highlight key business and human rights concerns and recommendations. We strongly recommend strengthening procedures for the safety and security of human rights defenders attending the forum through regular reminders on the zero tolerance for reprisals and mechanisms for reporting of cases of reprisals.
- Recognize the reputational risks and the crisis of mistrust among Indigenous Peoples and broader civil society, caused by real or perceived corporate capture and take proactive steps to address this.
In conclusion, we cannot have a meaningful and effective implementation of the UNGPs without genuine recognition of Indigenous Peoples and respect for their human rights.
In solidarity.
