ID: 1744
Presenting Author: Andrea Hafner
Session: 729 - FPIC - How prior is prior?
Status: pending
ILO 169 and UNDRIP determine that affected communities must be consulted. Implementation in each country is not always straightforward. Let's look at what happens in Brazil.
The immediate commonplace answer to FPIC (Free, Prior, and Informed Consultation): “how prior is prior?”, should always be: as early as possible. However, its application is not always straightforward.
Each country needs to adapt international guidelines for consultation with impacted parties to its own circumstances.
The timing of the consultation can play a fundamental role, as it can be used for decision-making purposes, or, when conducted after a decision has already been made, simply to identify and mitigate impacts.
Similarly, which community should be consulted and how, are crucial decisions for the success of meaningful engagement.
Who conducts the consultation on behalf of the government and mediates conflicts also needs to be clearly defined.
This paper aims to analyze the application of ILO 169 in Brazil.
Andrea Hafner is a chemical and environmental engineer with 25 years in impact assessment for mining, ports, and railways, including 11 years with Indigenous and traditional communities.