Indigenous peoples' rights in the mining sector - Lessons from Canada, Chile and Peru

Chile, Peru
BGR, 2020 - 2020

In Latin America, the right of indigenous peoples to prior consultation and the principle of Free, Prior and Informed Consent (FPIC) remain highly contested. Disputes surrounding FPIC are particularly salient in the mining sector. In the past, indigenous communities affected by mining activities have initiated legal proceedings against mining projects for FPIC-related reasons. Moreover, the absence of FPIC has weakened the social acceptance of mining projects and even triggered conflicts. In Peru and Chile, some of these conflicts have led to violence against indigenous peoples on the one hand and have delayed or even halted mining projects on the other.

Projekt Consult is undertaking a study to provide lessons for overcoming challenges in seeking indigenous peoples’ FPIC to mining. Based on interviews with experts and stakeholders as well as desktop research, the study will systematise the framework conditions of indigenous consultations and negotiations on mining activities in Canada, Peru, and Chile. It will also draw insights from informative experiences of seeking FPIC in these countries. The study has been commissioned by the sector programme “Extractives and Development” at the Federal Institute for Geosciences and Natural Resources Governance (BGR) and will serve as an information resource for decision-makers seeking to respect and protect indigenous rights in mining.