"FPIC and the Extractive Industries: A Guide to Applying the Spirit of Free, Prior and Informed Consent in Industrial Projects

The International Institute for Environment and Development has published a resource on free, prior and informed consent (FPIC) as it relates to extractive industries. FPIC and the Extractive Industries: A Guide to Applying the Spirit of Free, Prior and Informed Consent in Industrial Projects points out that corporations are increasingly aware of the need to secure and maintain a ‘social license to operate’ because implementing a project without the support and trust of local communities can lead to operational delays, financial costs and litigation; even project closure, violence and loss of life. The Guide is targeted primarily at companies, and those working with them, who are looking to engage with FPIC in a meaningful way. It advocates respect for communities’ customary practices, and sets forth a three-point framework for companies to follow that seeks to move companies beyond compliance with minimum standards to achieving the spirit of FPIC with all communities. Among the resources for “flexible systems for participation and deliberation [that] will provide companies with guidance on how to achieve the spirit of FPIC” the Guide lists the Biocultural Community Protocol Toolkit developed by Natural Justice for community facilitators. The publication can be found here. 

New IIED Publication on Legal Empowerment and Accountability in Africa's Land Rush

The International Institute for Environment and Development (IIED) has released a new publication entitled "Accountability in Africa's Land Rush: What role for legal empowerment". According to IIED website, "In recent years, there has been a renewed interest in acquiring farmland for agricultural investments in lower-income countries. Whilst such investments can create jobs, improve access to markets and support infrastructure, many large land deals have been associated with negative impacts for local populations, including the dispossession of land and other resources and increased conflict over economic benefits. There is growing evidence on the scale, geography and impacts of large deals. But less is known about how the legal frameworks regulating this land rush shape opportunities and constraints in formal pathways to accountability; and how people who feel wronged by land deals are responding to seek justice, and to what ends. 

This report assesses the state of evidence on pathways to accountability in the global land rush, with a focus on Africa. It also identifies areas for a new research agenda that places accountability at its centre." The publication is available in English here.

Conservation and Land Grabbing

Salamander in the
reptile house at London Zoo
(Courtesy of Harry Jonas)

Harry Jonas (Natural Justice) attended a workshop in London (26-27 March) entitled: “Conservation and Land Grabbing: Part of the Problem or Part of the Solution?” The meeting was hosted by IIED, the International Land Coalition, Maliasili Initiatives and the Zoological Society of London and was held at the London Zoo. Harry Jonas presented on the ICCA Legal Review and the Living Convention on Biocultural Diversity. Other presenters included: Lorenzo Cotula (IIED), Fiona Flintan (ILC), Guy Counga (CISDL), and Dorothy Nyingi (National Museums of Kenya). The workshop concluded with a number of tentative conclusions and ways forwards. Harry thanks the organizers for the opportunity to present and looks forward to contributing to the Poverty and Conservation Learning Group.

Workshop on Legal Tools and Agricultural Investments in Bangkok

Palm oil development in peninsular

Malaysia. 

From 7-8 March, Harry Jonas (Natural Justice) attended a workshop on Legal Tools for Accountability in Agricultural Investments for South East Asia hosted by Focus on the Global South and the International Institute for the Environment and Development.

Participants engaged with a range of issues over the two days, including: investment protection and promotion in the ASEAN; national legal frameworks; human rights mechanisms; government investor and farmer-investor contracts; and international regulatory frameworks. The workshop was held in Bangkok, and was preceded by a public forum held at Chulalongkorn University entitled: Rethinking Policy and Legal Frameworks for Inclusive and Sustainable Investments in Agriculture in South East Asia.

Harry thanks colleagues at Focus and IIED for what was a useful and thought-provoking few days.

Guide to Investing in Locally Controlled Forestry

The Growing Forest Partnership initiative, in partnership with the UN Food and Agricultural Organisation, the International Institute for Environment and Development, the International Union for Conservation of Nature, The Forests Dialogue and the World Bank, has released a “Guide to Investing in Locally Controlled Forestry” authored by Dominic Elson. 

Per the press release, the guide “emerged out of 11 international dialogues that assembled more than 400 people to discuss how to make investing in locally controlled forestry (ILCF) happen. It is a primarily a tool for practical action – providing guidance on how to structure enabling investments and prepare the ground for asset investments that yield acceptable returns and reduced risk, not only for investors, but also for local forest right-holders, national governments and society at large. After providing strong justification for this approach, the guide sets out a framework for structuring investments with tactical advice for building the partnerships necessary for successful ILCF.” 

Read more about the guide here. Download the guide directly here.