1. What is Free, Prior, and Informed Consent?
Speaker 1:
1 Do you know what the right to Free, Prior, and Informed
2 consent is?
Speaker 1:
3 Of course! It is the right that our communities have to
4 be informed by the government
5 about mining, petroleum, water, and other
6 projects that may be implemented
7 within our communities. What’s more,
8 The government has an obligation to listen and value
9 our opinions so together we can reach
10 an agreement before any project is carried out.
11 For more information, visit cultural survival dot org slash consent
[culturalsurvival.org/consent or cs.org/consent]
2. An Indigenous Right
Speaker 1:
1 From birth, every human being has certain rights
2 that cannot be taken away, and as Indigenous
3 Peoples, we have the right to Free,
4 Prior, and Informed Consent.
Speaker 4:
5 It doesn’t matter what country you are from,
6 this right applies to all of us and should be implemented
7 when the government intends to exploit
8 the natural resources within our communities,
9 especially when these projects would provoke
10 harmful changes to our lands.
11 For more information, visit cultural survival dot org slash consent
[culturalsurvival.org/consent or cs.org/consent]
3. Hold Companies Accountable
Speaker 1:
1 Every season I worry about our lack
2 of harvest; we just don’t have enough land anymore
3 since the company moved into our community.
Speaker 2:
4 It’s true, they took over our land without our Free, Prior,
5 and Informed Consent. This right protects us as an
6 indigenous community, and mandates that no work is
7 done within our lands without the company
8 or government first informing us, consulting us, and
9 listening to us. Let’s take action to hold this company
10 accountable.
11 For more information, visit cultural survival dot org slash consent
[culturalsurvival.org/consent or cs.org/consent]
4. Leaders
Speaker 1:
1 I am Indigenous. I have the
2 the right to Free, Prior, and Informed Consent, but
3 governments use many strategies to avoid
4 complying with this right. One of these strategies is to
5 identify local leaders in our communities and convince
6 them, through bribes, job offers, and other promised, to
7 work exclusively on behalf of the government or
8 development company, rather than acting in the best
9 interests of the wide community they represent. For this
10 reason, it’s very important that as Indigenous Peoples we
11 elect leaders who are committed and dedicated to the
12 well-being of our people and our land, and we work
13 closely with these leaders to move forward in unity.
14 For more information, visit cultural survival dot org slash consent
[culturalsurvival.org/consent or cs.org/consent]
5. UN Declaration, Article 10
Speaker 1:
1 For indigenous communities, the right to
2 Free, Prior, and Informed Consent is supported by
3 Article 10, of the UN Declaration on the
4 Rights of Indigenous Peoples,
5 which states that governments may not forcibly
6 displace indigenous communities from their lands
7 or territories, nor carry out any contracted
8 project on Indigenous peoples’ lands without
9 their Free, Prior, and Informed. Consent.
10 For more information, visit cultural survival dot org slash consent
[culturalsurvival.org/consent or cs.org/consent]
6. UN Declaration, Article 19
Speaker 1:
1 (echoed voice) Article 19 of The UN Declaration
2 on the Rights of Indigenous Peoples
3 states:
4 (normal voice) that states should obtain
5 Free, Prior and Informed Consent from
6 Indigenous peoples before adopting and applying
7 legislative or administrative measures
8 that affect them.
9 For more information, visit cultural survival dot org slash consent
[culturalsurvival.org/consent or cs.org/consent]
7. Safe Communities
Speaker 1:
1 As Indigenous peoples we have the right to live in
2 safe communities, and when changes are carried out in
3 our lands we should look to Article 29 of the UN
4 Declaration on the Rights of Indigenous Peoples:
5 This article affirms that Indigenous Peoples
6 must give their Free, Prior, and informed
7 consent before hazardous materials can be stored
8 or disposed of on their land.
9 For more information, visit cultural survival dot org slash consent
[culturalsurvival.org/consent or cs.org/consent]
8. Development Projects
Speaker 1:
1 (talking through a microphone) No changes may be made
2 on our lands before first
3 applying Article 32 of the UN Declaration
4 on the rights of Indigenous Peoples
5 which affirms that states must
6 obtain Free Prior and Informed Consent
7 before approving any development project
8 that would affect the lands and resources of
9 Indigenous Peoples, “especially in relation to
10 the development, use, or exploitation of
11 mineral, water, or other resources.
12 For more information, visit cultural survival dot org slash consent
[culturalsurvival.org/consent or cs.org/consent]
9. International Support
Speaker 1:
1 As Indigenous peoples we have the right to decide
2 on changes that may be carried out on our
3 lands, as stipulated in the United Nations Declaration on
4 the Rights of Indigenous Peoples as well as in
5 Convention 169 of the International Labor
6 Organization and other international measures that
7 recognize the right to Free, Prior, and Informed
8 Consent. These measures declare the rights of Indigenous
9 peoples and oblige states to respect this right.
10 For more information, visit cultural survival dot org slash consent
[culturalsurvival.org/consent or cs.org/consent]
10. An Inalienable Right
Speaker 1:
1 For Indigenous Peoples, the right to Free,
2 Prior, and Informed Consent is a fundamental,
3 inherent, and inalienable right. This means it is an
4 essential and necessary element of developing projects
5 that affect our peoples and cannot be denied us.
6 According to international law, Free, Prior and
7 Informed Consent ensures that Indigenous
8 communities freely decide on projects that may benefit
9 us and our future generations, in accordance with our
10 own culture, worldview, and values.
11 For more information, visit cultural survival dot org slash consent
[culturalsurvival.org/consent or cs.org/consent]
11. Enough Violation of Human Rights
Control: background of local music
Speaker 1:
1 Good morning!
Speaker 2:
2 Hey, How’s it going?
Speaker 1:
3 Good thanks. Did you hear that there’s a new
4 company in town? They’ve started hiring some local
5 folks to work on some big construction project, here
6 in our village.
Speaker 2:
7 WHAT? I had no idea… I can’t believe the
8 government continues to ignore our right to
9 free, prior and informed consent, which applies to us
10 as Indigenous Peoples. They need to inform us and
11 listen to our opinions on whether we do or do not
12 consent to these projects. Especially since these
13 rights are clearly written in national and
14 international law.
Speaker 1:
15 You’re completely right. It’s obvious the government
16 isn’t working hard enough to enforce this. If we don’t
17 demand that they respect our right to free, prior,
18 informed consent, these rights and laws exist just on
19 paper on a dusty shelf somewhere. Companies will
20 continue to violate our rights and take advantage of
21 Indigenous Peoples.
Speaker 3:
22 We can’t and won’t let this happen.
23 Enough violation of human rights! Let’s stand up for
24 our rights and for the protection of Mother Earth!
Narrator:
25 For more information, visit cultural survival dot org slash consent
[culturalsurvival.org/consent or cs.org/consent]
12. The Meaning of "Free"
Control: music background
Speaker 1:
1 The right to Free Prior and Informed Consent is a
2 right that corresponds to all Indigenous Peoples
3 confronting development projects in our communities.
Control: music break (3 seconds)
Speaker 2:
4 Right to Free, Prior, and Informed Consent? What
5 does it mean for consent to be free?
Control: music break (3 seconds)
Speaker 1:
6 The part about “free” means that the government is
7 prohibited from any kind of manipulation of leaders
8 and community members regarding their decisions
9 about whether or not to allow a project within our
10 community. During a the negotiation process,
11 Indigenous Peoples cannot be forced in anyway to
12 reach a certain decision. This includes any direct or
13 indirect threats to community members, violence,
14 coercion, bribery, or blackmail. It is only by ensuring that
15 negotiations on projects are free from these
16 types of abuses, that a government will be honoring the
17 right to truly “free” consent.
Speaker 2:
18 We must demand that the right to free prior and
19 informed consent be completely FREE.
Narrator:
20 For more information, visit cultural survival dot org slash consent
[culturalsurvival.org/consent or cs.org/consent]
13. The Meaning of "Prior"
Control : <<Sounds of a crowd at protest >>
Speaker 1:
1 Get up! Stand up! There is no better time
2 than now to demand the government implement
3 the right to free, prior and informed consent that
4 we are guaranteed as Indigenous Peoples!
Control: musical break (3 seconds)
Speaker 2:
6 You know, that makes a lot of sense. It would be a
7 huge step forward if our government would actually
8 comply with the right to free, prior and informed
9 consent in its full extent. What has especially been
10 missing is the idea of prior consent. Consent
11 being achieved prior to a project’s initiation or
12 government approval is key. It means that we
13 would have adequate time for the whole Indigenous
14 community to weigh in on a decision.
15 Exactly! We must have complete and detailed
16 information BEFORE these projects begin, so that
17 we can analyze and make our own decisions as a
18 people. And what’s more, they must involve us
19 before every new phase of the process, for example
20 at exploration, exploitation, closure and cleanup of
21 mining projects.
Narrator:
22 For more information, visit cultural survival dot org slash consent
[culturalsurvival.org/consent or cs.org/consent]
14. The Meaning of "Informed"
Control: background music
Speaker 1:
1 You and I, as members of Indigenous communities,
2 are guaranteed the right to free, prior, informed
3 consent.
Control: musical break (3 seconds)
4 This right is fundamental for the sustainable
5 development of any community. That’s why it must
6 be fully implemented. Let’s take a look at what it means to
7 give informed consent.
8 “Informed” means that we have a right to receive full
9 and complete information related to a development
10 project that is proposed in our communities. This
11 includes information about the impact of these
12 projects on the environment, as well as the impacts
13 us as individuals and our communities. Studies
14 conducted to gather this information are known as
15 Environmental and Social Impact Assessments, or
16 ESIA, which should be conducted by groups
17 independent of and without ties to the company. All
18 information provided must be complete,
19 comprehensible, in our native language,
20 and in accordance with our own traditional values
21 and ways of decision-making. It is our responsibility
22 to make sure we are fully informed before decisions are made
23 that affect our people and our lands.
Narrator:
24 For more information, visit cultural survival dot org slash consent
[culturalsurvival.org/consent or cs.org/consent]
15. When Does It Apply?
Speaker 1:
1 Good morning, how are you?
Speaker 2:
2 Fine thanks. Hey, how was that meeting yesterday? What did you talk
about?
Speaker 1:
3 It was really interesting. We discussed the right to Free Prior and
Informed Consent.
Speaker 2:
4 But what is that? Can you explain more?
Speaker 1:
5 It refers to the right we have as Indigenous Peoples to defend our lands
and territories,
6 a right that is stipulated in national and international laws.
Speaker 2:
7 Okay, but how would we use this? In what kind of situations?
Speaker 1:
8 We can and should apply it when any sort of projects are being planned
on our lands
9 especially when there are risks of environmental damages. Since we
are the ones who live on
10 these lands, and will experience the consequences, it’s up to us to
decide if these projects
11 should move forward. The right to free, prior, and informed consent
outlines that companies
12 are required to consult with us and respect our decisions before they
initiate a project. We
13 should learn more about it, it seems like this is something really
important for our community!
Narrator:
14 For more information, visit cultural survival dot org slash consent
[culturalsurvival.org/consent or cs.org/consent]
16. Responsibility
Control: sound effect of radio dial looking for signal (3 seconds)
Speaker 1:
1 The right to free prior and informed consent is a
2 right that we have as Indigenous Peoples as
3 we fight to defend our lands. We must demand that our
4 rights be respected.
Control: music break (3 seconds)
Speaker 2:
5 Grandpa, listen to what they’re saying on the radio;
6 do you really think its worthwhile for our people to
7 fight for the right to consent?
Speaker 3:
8 Of course, my child! This right
9 protects our own values; it will bring
10 much benefit to our people and the whole world. Let
11 me explain: Using this right, we can protect our
12 environment and ensure clean water and clean air,
13 that our people may be continue to live in healthy
14 environments. We can ensure that we guide
15 development projects and that any changes made to
16 our lands to benefit, rather than harm
17 our people.
Speaker 2:
18 Now I understand, Grandpa! This is important. Thanks
19 to your generation, I have a healthy place to live. I will
20 fulfill my responsibility to take care of the environment so I can
21 leave the same beautiful lands to my children and
22 grandchildren, too.
Narrator:
23 For more information, visit cultural survival dot org slash consent
[culturalsurvival.org/consent or cs.org/consent]
17. Divide and Conquer
Speaker 1:
1 Divide and conquer:
2 This has been the strategy of the companies and
3 governments in order to proceed with development
4 projects in Indigenous Communities. It’s one of many
5 examples of how they have failed to uphold Indigenous
6 People’s right to free, prior and informed consent.
7 International laws clearly manifest that governments
8 should not force us to change our minds, or values, or
9 our traditional methods of decision-making. Often big
10 companies try to get around the process of gaining free
11 prior and informed consent because they know we’d
12 never agree to risky, harmful development projects that
13 don’t leave us with any positive change. Instead, they
14 try to appear as if they have widespread local approval
15 by recruiting influential individuals like teachers,
16 religious leaders, or political leaders using false
17 information or bribes. We can’t stand for this.
18 It’s up to us to make sure the right to free prior and
19 informed consent is enforced in its entirety. We can’t
20 allow the peace, balance, and vitality of our
21 communities and environment to be put at risk with
22 division and corruption.
Narrator:
23 For more information, visit cultural survival dot org slash consent
[culturalsurvival.org/consent or cs.org/consent]
18. Community Meetings
Speaker 1:
1 (Sad) Hi, How are things…
Speaker 2:
2 Fine thanks! But you seem down, what’s going on?
Speaker 1:
3 I am very worried, I’ve been hearing rumors about a
4 mining project that is already scheduled for our
5 village. It’s just unfair that the people in charge
6 haven’t even told us what’s going on. They are not
7 following through with the right we have to free,
8 prior and informed consent that we have
9 as Indigenous Peoples. I learned that the state is
10 obligated to comply fully with these rights
11 when development projects like this one are
12 being carried out.
Speaker 2:
13 You are exactly right. We must ensure they respect
14 our rights, by informing us, and gaining our consent before starting
16 a project like this.
17 For example when a similar project
18 came to my community, we held meetings
19 to keep up on everything that was going on, and of
20 course, we have to be vigilant about holding the company accountable
for its promises and
21 making sure they carry out
22 the project exactly as agreed in our
23 negotiations. It would be a good strategy to use in
24 your village- we can’t continue to let these projects
25 go on without our consent.
Narrator:
26 For more information, visit cultural survival dot org slash consent
[culturalsurvival.org/consent or cs.org/consent]
19. What FPIC Entails
Speaker 1:
1 Do you know what the right to Free, Prior, Informed
2 Consent is all about?
Speaker 2:
3 Yes! It is the right that we have as Indigenous
4 Peoples to decide what happens on our own lands.
Speaker 1:
5 And do you know how we can apply this right
6 correctly in our own community?
Speaker 2:
7 Hmm well, not really.
Speaker 1:
8 As members of our Indigenous community it is our
9 responsibility to seek out detailed information about this
10 right, so that we are not manipulated by the
11 government or the company. In order to make this
12 right a reality, we must understand that it can be
13 applied to all Indigenous Peoples, that it means
14 governments and companies must respect our own
15 forms of communication and decision making. It
16 means that representatives of the government, the
17 company and our communities must come together
18 to negotiate the terms of a project, and that we have
19 the final say in order to agree on a plan that benefits
20 our community.
Narrator:
21 For more information, visit cultural survival dot org slash consent
[culturalsurvival.org/consent or cs.org/consent]
20. Tips
Control: local music in background
Speaker 1:
1 Do you know what steps should be taken in order to
2 properly carry out the right to Free, Prior and
3 Informed Consent among Indigenous Peoples?
Control: musical break (3 seconds)
Speaker 2:
4 In order to realize this right fairly for a whole
5 population, we should consider these tips when facing
6 a development project on our lands. Indigenous
7 Peoples should be consulted starting from the early
8 stages of planning. Sufficient time should be
9 provided for the whole community to receive all
10 necessary information related to the project and its
11 impacts, and allow for dialogue and discussion on
12 these points. Information should be provided
13 according to the traditional ways of our peoples.
14 Decisions should be reached without any
15 manipulation or pressure from those in charge of the
16 project. All conclusions reached by the community
17 should be documented in detail. If any of these rights
18 are being violated, remember that there are means by
19 which we can seek help and denounce these human
20 rights violations, at international institutions like the
21 United Nations.
Narrator:
22 For more information, visit cultural survival dot org slash consent
[culturalsurvival.org/consent or cs.org/consent]