Implementing a Corporate Free, Prior, and Informed Consent Policy: Benefits and Challenges

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Table of Contents

I. Executive Summary...4

II. The Evolution of Free, Prior, And Informed Consent in International Law and Voluntary Initiatives...9

A. International Legal Standards...9

B. Standards Directly Applicable to Companies...13

III. Defining and Operationalizing FPIC Principles...19

A. Indigenous Rights and Interests that Relate to the Need for Consent...19

B. Identifying Which Groups are Impacted...25

C. Ensuring that Consent is Free...28

D. Obtaining Consent Prior to Activities...29

E. Ensuring that Consent is Informed...33

F. Defining Consent...36

G. Ongoing Engagement and Maintaining Consent Via Monitoring and Grievance Mechanisms...45

IV. Benchmarking of Company Policy Language...50

A. Publicly Available Policies, Published Statements, and Guidelines...51

B. Verbal Statements and Confidential Implementation Guidelines...55

C. Emerging Expectations of Socially Responsible Investors...56

V. Opportunities and Challenges of Seeking Consent...58

A. Operations and Social License to Operate...58

B. Market Access...62

C. Regulatory Issues...63

D. Legal Risk...64

E. Reputational Risk...66

F. Investors...68

VI. Recommendations for Talisman Energy...70

A. Scope and Application of FPIC Principles...71

B. Traditional Usage of Land...72

C. Free...75

D. Prior...76

E. Informed...78

F. Consent...82

G. Grievance Mechanisms...85

I. Interactions with Non-Indigenous Communities and Relocated Indigenous Communities...87

VII. Recommendations for other Stakeholders...88

About the Authors...90

Annex: World Resources Institute’s Commentary on Foley Hoag’s Report...92

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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