FPIC

Question 1

What does FPIC stand for?

Answer 1

Free Prior Informed Consent

FPIC is a right for groups to consent to actions affecting their lands and resources.

Question 2

What are the core elements of FPIC?

Answer 2

Four components:
* Free
* Prior
* Informed
* Consent

Question 3

What does the ‘Free’ component of FPIC entail?

Answer 3

No coercion, intimidation or manipulation

Question 4

What does ‘Prior’ mean in the context of FPIC?

Answer 4

Consent is obtained in advance of the activity and allows time for decision-making processes

Question 5

What does ‘Informed’ mean in the context of FPIC?

Answer 5

Information must be objective, accurate, and presented in an understandable manner

Question 6

What does ‘Consent’ mean in the context of FPIC?

Answer 6

Agreement to the activity, which may be subject to conditions

Question 7

Why is FPIC important for indigenous communities?

Answer 7

It empowers local communities and helps balance power asymmetries

Question 8

What is one business case for FPIC?

Answer 8

It allows business projects to run smoothly and avoid disruptions due to community conflicts

Question 9

When did the negotiations for FPIC begin?

Answer 9

In the 1970s and 1980s with pro-indigenous activist movements

Question 10

Which declaration was adopted in 2007 concerning indigenous rights?

Answer 10

UN Declaration on the Rights of Indigenous Peoples

Question 11

What does Article 10 of the UN Declaration on the Rights of Indigenous Peoples state?

Answer 11

Indigenous peoples shall not be forcibly removed from their lands without FPIC and fair compensation

Question 12

What is one characteristic that defines indigenous people?

Answer 12

Self-identification

Question 13

What was the outcome of the Ogiek case in the AfCHPR in 2017?

Answer 13

Kenya was found to have violated the rights of the Ogiek and ordered to provide reparations

Question 14

In Morocco, what is the current status of FPIC?

Answer 14

No real recognition of indigenous communities or FPIC exists

Question 15

What is the difference between consultation and FPIC?

Answer 15

Consultation seeks views but does not require consent, while FPIC requires prior consent

Question 16

What does the concept of social and environmental impact assessment involve?

Answer 16

Systematic evaluation of potential effects of projects on communities and the environment

Question 17

Is FPIC considered a right to veto?

Answer 17

No, FPIC is not a right to veto; it involves consent rather than absolute power

Question 18

What are some challenges to implementing FPIC?

Answer 18

Absence of national frameworks, lack of policy guidance, and absence of institutionalized FPIC agencies

Question 19

What is one actor-oriented approach to advancing FPIC in Africa?

Answer 19

Capacity-building for local communities

Question 20

What does the African Commission state about non-indigenous communities regarding FPIC?

Answer 20

Non-indigenous, project-affected people have the right to consultation and negotiation

Question 21

What is a significant barrier to FPIC for non-indigenous communities?

Answer 21

Land laws often favor the state and allow expropriation without consent

Question 22

What is an example of a World Bank project that faced FPIC scrutiny?

Answer 22

A project in Nepal aimed at improving electricity distribution that required community evictions

Question 23

What is the role of the World Bank Inspection Panel?

Answer 23

To ensure projects financed by the bank respect community rights

Question 24

What is an important implication of FPIC during a project’s lifecycle?

Answer 24

FPIC applies throughout the project, as new factors may emerge that require consent withdrawal

Question 25

What is one reason why businesses may resist adopting FPIC?

Answer 25

Economic-centric approach to development prioritizes income and infrastructure over community rights

Question 26

What are the consequences of inadequate housing unit fittings?

Answer 26

Housing units were built without important fittings such as doors ## Footnote This highlights issues in construction quality and resident safety.

Question 27

What is the role of monitoring in advocacy?

Answer 27

Monitoring generates data and develops evidence-based advocacy ## Footnote This is crucial for supporting claims and influencing policy.

Question 28

What do the United Nations Guiding Principles on Business and Human Rights require?

Answer 28

Businesses must engage communities where projects are likely to have human rights impacts ## Footnote This includes consultation and recognizing the principles of Free, Prior, and Informed Consent (FPIC).

Question 29

What motivates businesses to recognize the utility of FPIC?

Answer 29

The narrative of sustainability of projects and profits ## Footnote This reflects a growing awareness of corporate responsibility and long-term viability.

Question 30

What is one challenge in the conflict between modern state structures and traditional structures?

Answer 30

The clash between customary law and state law ## Footnote This creates legal ambiguities and conflicts over land rights.

Question 31

How do approaches to land rights vary by country?

Answer 31

Countries with civil law systems often have stricter approaches than common law countries ## Footnote This affects how customary rights are recognized and enforced.

Question 32

What right does the state claim in public interest development projects?

Answer 32

The right to expropriation without debate ## Footnote This can lead to disputes with local communities over land use.

Question 33

What is a key difference in land rights recognition between common law and civil law systems?

Answer 33

Common law recognizes customary rights over land, allowing ownership to individuals or groups ## Footnote This provides some protection against state expropriation.

Question 34

What dilemma exists regarding land use for development?

Answer 34

The state's need to utilize land versus respecting the rights of local communities ## Footnote This tension necessitates careful consideration in development planning.

Question 35

What is crucial in rethinking development models?

Answer 35

Determining whether development should be a top-down or bottom-up process ## Footnote This influences the effectiveness and acceptance of development initiatives.

Question 36

What is a primary reason for project failures by institutions like the World Bank?

Answer 36

Disconnect from local realities ## Footnote This can lead to misalignment with community needs and expectations.

Question 37

What do bottom-up approaches allow us to explore?

Answer 37

Issues such as gender dynamics, internal group dynamics, decision-making processes ## Footnote This encourages more inclusive and effective project implementation.

Question 38

In a Ugandan development bank project, what played a significant role in securing consent?

Answer 38

Local community dynamics ## Footnote Understanding these dynamics was essential for successful project implementation.

Question 39

What is necessary for ensuring community-wide acceptance in FPIC?

Answer 39

Understanding and accommodating internal group dynamics ## Footnote This goes beyond just formal leaders to include the broader community.