STATEMENTS
Indigenous Groups Slam ICMM’s Draft Mining Position Statement
June 19, 2024– Asia Indigenous Peoples Network on Extractive Industries and Energy (AIPNEE) and Right Energy Partnership with Indigenous Peoples (REP) have voiced strong objections to the draft of the Indigenous Peoples & Mining Position Statement of the International Council on Mining and Metals (ICMM). The Indigenous Peoples’ organizations claim that the ICMM’s draft Position Statement falls short of protecting the rights of Indigenous Peoples and lacks meaningful consultation with their representatives.
In a joint commentary submitted to the ICCM, AIPNEE and REP criticized the ICMM for not conducting adequate consultations with Indigenous Peoples’ representatives worldwide. They argue that the ICMM has neglected repeated requests to: hold targeted consultations at regional, national, and local levels with necessary language interpretation; and implement a transparent, time-bound review process, detailing how Indigenous Peoples and other stakeholders can participate at various stages.
The commentary further urged the ICMM to carry out a transparent review process that includes meaningful consultations with Indigenous Peoples and other stakeholders. The organizations called on the ICMM and its members to engage in in-person dialogue with Indigenous representatives to address their concerns before the Position Statement is finalized.
AIPNEE and REP’s primary concern is that the draft Position Statement fails to fully recognize the right to Free, Prior and Informed Consent (FPIC), a fundamental principle ensuring Indigenous Peoples’ self-determination and land and resource rights. The draft Statement, particularly under Commitment 4, does not adhere to the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). Additionally, Commitment 5 allows for mining projects to proceed without FPIC if authorized by the State, which the organizations say contradicts international human rights laws and standards set by the International Finance Corporation (IFC) and the World Bank.
AIPNEE and REP recommend that the ICMM ensure that no project proceeds without obtaining FPIC from affected Indigenous Peoples and all concerns are fully addressed. Decision making with regards to the project should not be afforded to States where FPIC is not acquired. Further, ICMM should ensure that Indigenous women, youth, and persons with disabilities are involved in decision making processes and not just in the design and/or implementation of socio-economic development and social investment projects.
Under Commitment 9 of the draft Statement, AIPNEE and REP urged ICMM members to set up grievance mechanisms that are accessible, culturally appropriate, and gender-sensitive, and aligned with Indigenous customary laws. They also called on the ICMM to identify no-go areas for mining particularly areas inhabited by Indigenous Peoples in voluntary isolation, burial grounds, sacred sites, key biodiversity areas, and conflict-affected regions.
Lastly, the group pointed out that the draft Statement avoids using established terms like FPIC and Human Rights Due Diligence, potentially leading to confusion and implementation issues. The organizations recommend that the ICMM use established terminologies to clearly commit to FPIC and human rights due diligence and ensure these commitments are explicitly stated in the Position Statement. In the joint commentary, AIPNEE and REP expect the ICMM will amend the draft Position Statement to align with international human rights laws and standards. They emphasized that the current draft is unacceptable unless commitments related to FPIC and other key issues are revised. They called on the ICMM to strive to achieve the highest standards to respect human rights and the rights of Indigenous Peoples in this review process.
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.
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.
Open letter to the Government of Indonesia, Perusuhaan Listrik Nasional (PT PLN), and KfW Development Bank
Urgent Concern regarding Human Rights Violations of the Pocoleok Indigenous Community for expansion of Ulumbu Geothermal Power Plant
We, the undersigned organizations – Aliansi Masyarakat Adat Nusantara (AMAN), and Perhimpunan Pembela Masyarakat Adat Nusantara (PPMAN), Barisan Pemuda Adat Nusantara (BPAN), PEREMPUAN AMAN, the Right Energy Partnership with Indigenous Peoples (REP), and the Asia Indigenous Peoples Network on Extractive Industries and Energy (AIPNEE), along with other Indigenous Peoples Organizations, Civil Society Organizations and individuals – are writing to express our urgent concern about the ongoing human rights violations against the Pocoleok Indigenous Community related to the expansion of the Ulumbu Geothermal Power Plant by PT. PLN (National Electricity Company). The expansion is being financed under a loan from the German state-owned KfW Development Bank.
On October 2, 2024, security forces, including members of the Indonesian military, Police and Pol PP, accompanied by PLN and government officials forcibly entered the lands of the Pocoleok community in Manggarai regency in East Nusa Tenggara province of Indonesia to carry out a road survey. This happened despite the community’s explicit rejection of the project’s expansion and ongoing investigations by the National Human Rights Commission of Indonesia (KOMNAS HAM) and an independent team commissioned by the KfW Development Bank. Komnas HAM has reported violation of human rights of the community in the expansion of the power plant in response to the complaint of AMAN and PPMAN on the matter. An independent fact-finding commissioned by the KfW, triggered by another complaint of the community members, has not yet delivered results, and the community has received no response regarding the investigation. The expansion violates the right to Free, Prior, and Informed Consent (FPIC), a fundamental right for Indigenous Peoples, which has not been respected throughout this process.
As a result of this forced entry, several human rights violations occurred:
- Ponsianus Lewang, a resident of Lungar village, was severely injured by security forces and lost consciousness after being kicked in the ribs.
- Four residents were arrested and held for two days before being released. During their arrest and detention, they endured considerable emotional and psychological trauma.
- Security forces actively prevented community members from documenting the incident by blocking photos and videos of the violent actions.
We urge the Government of Indonesia to take immediate action to prevent further escalation of violence and uphold the rights of Indigenous Peoples. In particular, we recommend the government of Indonesia to:
- Immediately suspend the Ulumbu Geothermal Project expansion until the independent investigation results are publicly released and concerns of the affected community fully addressed including reported violations to the right to FPIC of the Pocoleok Indigenous Peoples, and allegations of violations including sexual harassment by state forces during community protests;
- Drop any charges that may have been filed against members of the community in relation to the incident on 2 October 2024.
- Investigate and hold accountable the security forces involved in the violence against the Indigenous Peoples of Pocoleok.
- Ensure the full implementation of FPIC in all project developments affecting Indigenous Peoples.
Further, we call on the National Electric Company (PT PLN), to:
- Respect the rights of the Indigenous Pocoleok community, including to FPIC, for the expansion of the Ulumbu Geothermal Power Plant – in line with their corporate responsibility under the UN Guiding Principles on Business and Human Rights.
- Immediately suspend any activities in relation to the Ulumbu Geothermal Power Project and cooperate in the investigation of violations reported by the affected community;
- Establish an accessible, culturally appropriate, and gender responsive grievance mechanism to ensure that violations against individuals and the community as a whole are effectively and timely addressed;
We also urge the German Development Bank Kreditanstalt für Wiederaufbau (KfW) to:
- Suspend financing for the expansion of the Ulumbu Geothermal Power Plant until FPIC of the Indigenous Pocoleok community is obtained. If FPIC of the community cannot be ascertained, the project must not be processed further. Until then, KfW must use its leverage to ensure security of the community, including during its independent fact-finding.
- Ensure that mandatory human rights due diligence are conducted as a prerequisite to any funding for projects and take accountability for any violations as a result of any funding provided.
We await your prompt response and action on this critical matter.
See the Indigenous Peoples Organizations, Civil Society Organizations, and Individuals list here.
Originally published on the Right Energy Partnership’s website
Photo courtesy: Floresa Documentation
Indigenous Peoples voice concerns on the revised Environmental and Social Framework of the Asian Development Bank
“Without strong safeguards, ADB-financed projects will continue to adversely impact Indigenous Peoples lands, livelihoods, and ways of life”
The Indigenous Peoples Advisory Group (IPAG) issued a statement urging the Asian Development Bank (ADB) to strengthen protections for Indigenous Peoples in the recently released revised ADB Environmental and Social Framework, now open for public consultation. Although IPAG welcomed certain improvements, including the integration of Free, Prior, and Informed Consent (FPIC) in certain ADB-financed projects and a separate section on Cultural Heritage, the group argues that the revisions fall short of adequately safeguarding Indigenous Peoples rights.
IPAG’s key demands include ensuring that ESS7 protections apply regardless of whether a host country legally recognizes Indigenous Peoples and that identification of Indigenous Peoples by others should only refer to other Indigenous Peoples not the society at large. IPAG highlighted that many Asian countries have not formally acknowledged Indigenous Peoples as distinct peoples with collective rights in alignment with international human rights standards, such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the ILO Convention 169. They called for explicit provisions in the ESF to protect Indigenous Peoples rights even in jurisdictions where they are not recognized, urging ADB to ensure that the framework is not limited by national laws.
The group also called for a broader application of FPIC, which it says should be an ongoing requirement throughout a project’s life cycle, not only when certain impacts arise. They emphasized that Indigenous Peoples must have the right to give or withhold their consent at any project stage and, if necessary, to withdraw consent if impacts on their lands and livelihoods change significantly. According to IPAG, these provisions align with Indigenous Peoples’ right to self-determination and their ability to control their development priorities.
Furthermore, IPAG recommended that ADB mandate separate and comprehensive Social Impact Assessments (SIAs) for projects impacting Indigenous communities. These SIAs, they said, should address cultural, spiritual, and economic impacts unique to Indigenous Peoples, particularly Indigenous women, youth, and persons with disabilities among others, whose specific needs and priorities are often overlooked in general assessments. The group pointed to safeguards by other development banks, such as the European Investment Bank (EIB) and the Inter-American Development Bank (IDB), which have implemented similar policies on FPIC and social impact assessments.
The IPAG is an informal platform of Indigenous Peoples organizations who have been engaging in the review of the ADB Environmental and Social Safeguards.
Read the full statement here: IPAG STATEMENT
Indigenous Peoples demand reform of global certification systems
Jakarta, Indonesia – Thirty two Indigenous leaders from thirteen countries have issued a declaration calling for fundamental reforms to global certification schemes that impact Indigenous Peoples’ rights. The document, released following a three-day Global Convening in Jakarta on 10-12 March, exposes systemic failures in certification systems for commodities ranging from palm oil to carbon credits.
The declaration asserts that while some important gains have been made to embed safeguards for Indigenous Peoples’ rights into the language of certification standards, in practice, certification schemes covering commodities such as palm oil, timber, minerals, carbon credits, and renewable energy are routinely failing Indigenous Peoples.
Despite claims of sustainability and ethical practices, these systems frequently serve to legitimize the exploitation of Indigenous lands and resources without obtaining Free, Prior, and Informed Consent (FPIC) – a fundamental right enshrined in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).
“In too many cases, these certification seals are being used as rubber stamps for human rights abuses,” declared Robeliza Halip, the Executive Director of the Right Energy Partnership with Indigenous Peoples, one of the organizers of the convening . “While companies display these badges of honor, our communities face increasing violence, land grabs, and the destruction of our sacred sites.”
Key demands include:
- Immediate governance reforms to include Indigenous decision-makers in all certification schemes
- Elimination of financial ties between auditors and companies seeking certification
- Requirements for auditors to have training and experience in Indigenous Peoples’ histories, realities and rights
- Mandatory unannounced audits as well as planned audits that include or are led by Indigenous representatives
- Legal consequences for violations of Indigenous Peoples rights
The declaration also affirms that true recognition of Indigenous Peoples’ rights must go beyond participation in market mechanisms, and calls for Indigenous-led frameworks, that ensure that any process affecting indigenous lands and livelihoods is accountable to indigenous peoples.. It calls for a pause on certifications in disputed territories and the adherence of companies to the United Nations Declaration on the Rights of Indigenous Peoples and international human rights standards.
“Certification schemes cannot continue to greenwash the theft of our lands. True sustainability respects Indigenous Peoples’ sovereignty and FPIC,” said Prabindra Shakya, Convenor of the Asia Indigenous Peoples Network on Extractive Industries and Energy and also an organizer of the convening. “We demand systems that honor our rights, not commodify our futures.”
Click here for the full text of the declaration.
For interviews, please contact:
Robeliza Halip, Executive Director, Right Energy Partnership with Indigenous Peoples
Email: robie@rightenergypartnership.org; Whatsapp: +639214928244
Prabindra Shakya, Convenor, Asia Indigenous Peoples Network on Extractive Industries and Energy
Email: prabin@aipnee.org, shakya.prbn@gmail.com; Whatsapp: +9779860980745
