Complete the FPIC process

If the Project has IPLCs among its Stakeholders

What is FPIC?

A specific right that pertains to indigenous peoples and is recognised in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). It allows them to give or withhold consent to a Project that may affect them or their territories.

Free: freely given through a process free from coercion and intimidation in any form.

Prior: taking place before decisions that affect the Communities are made.

Informed: providing full information about goals, risks, costs, and opportunities, adequate resources and capacity, and, if necessary, capacity-building initiatives – not letting language, educational or cultural barriers stand in the way of information sharing.

Consent: refers to the collective decision made by the rights-holders and reached through the customary decision-making processes of the affected Indigenous Peoples or communities.

FPIC is also a process in itself by which Indigenous Peoples can conduct their own independent and collective discussions and decision-making. They do so in an environment where they do not feel intimidated and where they have sufficient time to discuss in their language and in a culturally appropriate way, matters affecting their rights, lands, natural resources, territories, livelihoods, knowledge, social fabric, traditions, governance systems, and culture or heritage (tangible and intangible)

When does it apply?

The Free, Prior and Informed Consent (FPIC) must be applied before initiating any Project that may impact directly or indirectly lands, territories and resources of Indigenous Peoples and Local Communities (IPLCs), and consistently during the Project's implementation.

Refer to the ERS Programme for more details on the FPIC requirements (Pages 18 to 21).

How to complete this task?

1. Go to the FPIC tab.

2. Click on the “+” sign on the left side to expand the content. See the example below.

   

3. Cells with the black corner contain a disclaimer to help you fill out the information. Leave your cursor over the cell and the disclaimer will appear. See the example below.

   

If the Project does not have IPLCs among its Stakeholders

How to complete this task?

1. Go to the FPIC tab.

2. Click on the “+” sign on the left side to expand the content.

   

3. Enter a justification of why no IPLCs were identified amongst the Project’s stakeholders.

Justification can be maps of the country’s or region’s recognised IPLCs, scientific literature on the region, the description on the Project area’s land tenure. In case of doubt, contact your certification agent.

FPIC in the ERS Standard:

FPIC. The Free, Prior and Informed Consent (FPIC) must be applied prior to the start and throughout the crediting period of any Project directly or indirectly impacting lands, territories and resources of Indigenous Peoples and Local Communities (IPLCs).

1. Projects must identify IPLCs, address their concerns, and engage with their representatives. Specifically, Projects must:
   1. Identify IPLCs affected by the Project, recognising their language, customs, communication channels/media, and customary rights, including to the territory.
   2. Assess the IPLCs’ governance system and structure, identifying their designated representative(s) and who are legitimately authorised to represent them in consultations, negotiations, decision-making, and consent-seeking processes.
   3. Present the Developer, the mandate and the nature of the Project.
   4. Identify the applicable legal frameworks the Project must comply with.
2. Projects must document geographic and demographic information through a participatory mapping. Specifically, the Project must:
   1. Ensure all communities related to the Project are equitably involved in the participatory mapping.
   2. Document IPLCs’ land and natural resources history and usage.
   3. Identify IPLCs and Developers’ “non-negotiables”, for example, geographic areas that are off-limits.
   4. Identify spiritual practices or traditional ethical codes that must be observed.
   5. Cross-check the existence of mobile communities migrating seasonally across the territory or depending on it for their livelihood.
3. Projects must implement a participatory communication plan. The plan must:
   1. Include information needs, communication channels and activities.
   2. Ensure the timely provision of materials in formats and languages accessible and intelligible to the IPLCs, preferably in their language and respecting traditional and customary protocols.
   3. Include norms for both verbal and non-verbal communication if necessary.
   4. Explicit IPLCs’ right to refrain from decision-making if they are not undoubtedly certain of it.
   5. Document the proceedings and outcomes of the discussions and make them available to all parties.
   6. Provide information about the Grievance Mechanism and explain how IPLCs can utilise it to raise and resolve issues throughout the Project’s crediting period.
4. Developers and IPLCs must reach consensus that is:
   1. Mutual and recognised by all parties, considering customary modes of decision-making and consensus-seeking.
   2. Integrally documented, including the process and outcome, and made publicly available to all IPLCs.
5. Developers must monitor the evolution of agreements throughout the Project’s crediting period. The monitoring must:
   1. Comprise diverse voices, including at least vulnerable communities and women, to ensure their rights are equally respected.
   2. Offer and, when requested, maintain respondents and input anonymity.
   3. Ensure Verifications’ results are shared through the designated communication channel, allowing IPLCs to confirm or contest the findings and request that a different VVB repeat the process if necessary.