ID: 2219
Presenting Author: Melody Lepine
Session: 582 - Implementing Indigenous Free, Prior, Informed Consent in Impact Assessments
Status: pending
Workshop on aligning Impact Assessments and Benefit Agreements to enhance collaboration, respect Indigenous decision-making, and turn impact processes into
tangible community benefits.
This presentation explores the relationship between Indigenous-led assessments (ILA) and Impact Benefit Agreements (IBAs) as mechanisms for operationalizing Free, Prior,
and Informed Consent (FPIC), focusing on how project impacts can be mitigated through agreements with proponents. The presentation is organized around the community
timelines related to the project. During the planning phase, Indigenous-led assessments identify goals and priorities.
During the assessment phase, identify impact pathways and mitigation options. In the negotiation and decision-making phase, communities have an opportunity to negotiate
mitigation measures with the proponent and regulators and embed related commitments in agreements. The implementation phase provides examples of how IBAs can provide
frameworks for project oversight and monitoring, including monitoring the efficacy of mitigations.
Through analyzing the intersection between ILAs and IBAs, this session argues that IBAs are sometimes used to compensate for deficiencies in state regulatory systems.
IBAs create a mechanism through which Indigenous communities can mitigate project impacts and secure enforceable commitments from proponents. Having this fulsome
understanding of how a project will operate in their territory is vital to making informed decisions about proposed projects.
Melody Lepine is a member of the Mikisew Cree First Nation. She has over 20 years of experience directing Indigenous consultation, impact assessments, and negotiating IBAs.
Coauthor 1: Tara Lamothe