Free, Prior, Informed

Consent (FPIC)

Amalia Falah Alam

Strategic Advisor, CNV Internationaal

a.falahalam@cnv.nl
Amalia Falah Alam
Strategic Advisor, CNV Internationaal
a.falahalam@cnv.nl

Amalia is a labour rights practitioner who works with businesses, CSOs, and the
government for better working conditions in the garment and palm oil sector including
in the issue of Gender-based Violence in the Workplace.

She used to work at RSPO from 2013-2017 and in the education sector at the World
Bank from 2009-2013. She was involved in more than 30 short-term projects on various
issues such as poverty, child rights, just transition, and fisheries, as well as project
monitoring and evaluation,

She received a fellowship on value-based leadership in 2019 from the Obama Foundation,
US as “Obama Leaders Asia Pacific”. She is the Co-Founder of SocialDrives
(www.social-drives.com) a consultant community that helps bring the voice from the
field (mostly vulnerable groups such as women, youth, migrant workers, elderly, and
non-formal sector) to the decision-makers.
About CNV Internationaal

• A non-profit organization
based in the Netherlands,
with headquarters in Utrecht
It is under the union
Christerlijk Nationaal
Vakverbond (CNV)
Working with labor unions and
non-profit organizations in
other countries
 Supply chain
commodities that
Cashew
concern us for
responsible business

Textile

Palm Oil
Mining Sugarcane
Our Main Topics

Youth
Social Gender
Dialogue Employment
Introduction to FPIC
International norms (1)
• Convention on Biological Diversity, 1992

(Each Contracting Party shall, as far as possible….(j) … respect, preserve,

and maintain knowledge, innovations, and practices of indigenous and local
communities embodying traditional lifestyles relevant for the conservation and
sustainable use of biological diversity and promote their wider application with
the approval
and involvement of the holders of such knowledge, innovations and practices
and encourage equitable sharing of the benefits arising from utilization of such
knowledge, innovations and practices (Article 8)

Support local populations to develop and implement remedial action in

degraded areas where biological diversity has been reduced (Article 10 d)

(Each Contracting Party shall, as far as possible….(a) Introduce appropriate

procedures requiring environmental impact assessment to avoid and minimize
adverse effects on biological diversity (Article 14)
International norms (2)
• United Nations Declaration on the Rights of Indigenous People
(UNDRIP), 2007.

Indigenous peoples shall not be forcibly removed from their lands or territories.
No relocation shall take place without the free, prior, and informed consent
of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return (Article 10).

• ILO Convention Number 169, 1989 (revising Indigenous and Tribal

Populations Conventions, 1957)
Article 16
1.1. … The peoples concerned shall not be removed from the lands which
they occupy.
2.2. Where the relocation of these people is considered necessary as an
exceptional measure, such relocation shall take place only with their free and
informed consent. Where their consent cannot be obtained, such relocation
shall take place only following appropriate procedures established by national
laws and regulations, including public inquiries where appropriate…
Definition of FPIC
FPIC is the right of Indigenous Peoples, Local Communities, and other users
to give or to withhold their consent to any project affecting their lands,
livelihoods and environment. The consent should be given freely, prior and
informed.

Dalam konsep di Indonesia: Persetujuan Atas Dasar Informasi di Awal Tanpa

Paksaan (PADIATAPA)

Free: without any coercion,

Prior: before any development
intimidation or manipulation

Consent: right to say “no”,

Informed: providing all relevant
sought, documented in detail
information in appropriate form
and maintained throughout the
and languages
production (if it has impact)
Definition of Indigenous People
Indigenous peoples are inheritors and practitioners of unique cultures and
ways of relating people and the environment, retaining social, cultural,
economic, and political characteristics distinct from those of the dominant
societies in which they live.

They sought recognition of their identities, way of life, and their rights to
traditional land, territories, and natural resources for years, yet throughout
history, their rights have always been violated.

[Source: RSPO FPIC Guide, 2022]

Play: FAO Indigenous Peoples and the PPIC

Why FPIC is important?
• From a Human Rights Perspective

• From Environmental Perspective

• Indigenous people conserve some 80% of the planet remaining
biodiversity.
• 54% of mining projects extracting minerals needed for the green
energy transition overlapped with indigenous people’ land.
[Working Group on Business and Human Rights, Call for Inputs: Extractive sector, just transition and
human rights, 29 May 2023)

• From a Responsible Business Perspective

ü Operational risk
ü Reputation risk
ü Compliance risk
ü Legal risk
ü Financial risk
Six Steps of Due Diligence

Source: OECD Due Diligence Guidance for Responsible Business Conduct, 2018
 Steps of FPIC

[Source: RSPO FPIC Guide, 2022]

Steps of FPIC
1. Penilaian: 2. Pertemuan
3. Pemetaan
dengan
AMDAL, NKT, SPL Partisipatif
masyarakat

4. Pertemuan 5. Pengesahan
6. Pelaksanaan
lanjutan dengan perjanjian dengan
dan Pengawasan
masyarakat masyarakat

7. Pencatatan dan
Penyimpanan

Source: Pedoman Apical untuk Pemasok terkait PADIATAPA, 2016

Case study
Case Study 1.
Toba Pulp, North Sumatra:
https://www.youtube.com/watch?v=HQbHSGSGk3I

Case Study 2.
Palm oil in Papua: https://www.youtube.com/watch?v=OMv2aegBEgg
Thank you

Questions?