FPIC in 2021 and beyond:
Course closure and its importance for Indigenous Peoples in the following years
According to the United Nations Environment Program (UNEP), “human activity has disturbed almost 75 percent of the earth’s surface and has put about a million species of animals and plants on the list of species in danger of extinction. We have overexploited nature’s resources, deforested land for agriculture and the livestock industry, while climate change is now exacerbating that process faster than ever, increasing erosion and desertification.»
Background on Free, Prior and Informed Consent:
Free, Prior and Informed Consent (FPIC) is seen as a unique solution to the conflict and cultural threats caused by large-scale projects that occur on or near the land of Indigenous Peoples. There is no universal definition of FPIC, but it is generally defined as an obligation to safeguard the right of Indigenous Peoples to self-determination with respect to interventions that could affect their land, natural resources, traditional livelihoods, cultural heritage, and well-being. FPIC is a standard protected by international human rights law.
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) states that Indigenous Peoples will not be forcibly evicted from their lands or territories and that no relocation will take place without their FPIC and only after an agreement on fair and equitable compensation. It also mentions that whenever a FPIC process is required, it must be carried out and concluded before the development of any activity. Additionally, Convention 169 of the International Labor Office (ILO) on Indigenous and Tribal Peoples requires governments to carry out consultations in good faith with a view to obtaining the consent of Indigenous Peoples. The Convention stipulates that the Indigenous Peoples’ own institutions must be respected in decision-making, as well as their customs and customary laws.
While there may be increased awareness of the need for FPIC, only a few countries around the world make explicit reference to FPIC in their laws or recognize the specific rights of Indigenous Peoples. Unfortunately, historically the right to FPIC has not been respected which has caused a series of conflicts and human rights violations worldwide. Among the most affected are Indigenous Peoples and Communities that inhabit areas rich in flora, fauna and natural resources.
COP26 and the protection of Indigenous territories
The COP26 started on October 31st and ended on Friday, November 12th. One of the first news to emerge from this conference was that the «United Kingdom, Norway, Germany, the United States, the Netherlands and 17 American donors committed themselves at the Glasgow Climate Summit to support with direct funding to the native peoples and local communities, guardians of 80% of the Earth’s biodiversity.» Together, they pledged funding of approximately 1.5 billion dollars. This represents an opportunity for the implementation and development of projects that take into account Indigenous Peoples’ world views.
This commitment stems from the fact that Indigenous Peoples play a vital role in the conservation of these forests as mentioned by the Food and Agriculture Organization of the United Nations (FAO). This is a notorious achievement for Indigenous Peoples as it will ensure funds for the protection of their territories, nature and their ancestral customs for the following years. There is still a lack of FPIC knowledge and proper implementation. To assure the forest’s sustainability and respect for Indigenous Peoples, FPIC will be key in the years to come.
FPIC E-Learning Course for Indigenous Leaders
Background:
Given the importance of the subject for Indigenous Peoples, for three months (July – October 2021), the Coordinator of Indigenous Organizations of the Amazon Basin (COICA) and Equitable Origin (EO) launched the course «Right to Consultation and FPIC” which was conducted for a group of 22 Indigenous leaders who are members of a diverse set of organizations: the Inter-Ethnic Association for the Development of the Peruvian Jungle (AIDESEP) of Peru; the Confederation of Indigenous Nationalities of the Ecuadorian Amazon (CONFENIAE) of Ecuador; the Organization of Indigenous Peoples of the Colombian Amazon (OPIAC) of Colombia; the Organization of Indigenous Peoples of the Amazon (ORPIA of Venezuela), the Regional Indigenous and Popular Council of Xpujil (CRIPX) and the Indigenous Network of Tourists of Mexico (RITA) of Mexico. The course was led in large part part by Indigenous experts on the subject.
The course sought to strengthen the knowledge of the Indigenous participants to guide their communities and organizations in consultation processes on activities that affect their lives and their territories. The course also helped Indigenous leaders assert their rights while providing them with all the necessary knowledge around the national and international mechanisms available to file complaints of violations committed against them.
All participants are Indigenous leaders who are currently or will be working around FPIC related issues in their communities. Therefore, it is expected that the participants will share the lessons learned to their communities and organizations, generating a positive impact for their territories.
Results:
Initially, there were 22 students from the Amazon Basin and Mexico. The participants were made up of 57% male leaders and 43% women leaders. The course focused on working with a specific group in order to provide more personalized attention to the needs of the students and allow greater interaction between them.
Of the 22 students:
- 18 students passed the course.
- 11 achieved full certification.
- 7 met the minimum requirements.
- 4 did not pass the course.
Eighty-two percent (18 students) passed the course (completed certification or met minimum requirements), meaning they were able to meet all requirements for a full certification or met minimum course requirements. The course required that all participants be present in weekly 3 hour sessions, carry out the homework assigned by the tutor (readings of laws and case studies), participate ingroup work activities with colleagues from different countries and carry out evaluations at the end of the course.
Of the students who passed the course, 50% were male (M) and 50% female (F).
50% (11 students) obtained the full certification which means that they met all the requirements to obtain a certification. This means that the students participated in all the sessions, completed the weekly assignments, completed the weekly assignments, participated in group work and finally prepared a successful final presentation on FPIC that was evaluated by the course tutor Ruben Pinto.
Of the students who obtained the full certification, 55% were male (M) and 45% female (F).
32% (7 students) met the general requirements of the course, which means that they managed to complete the minimum requirements. To meet the minimum requirements, the participants had to participate in most of the sessions of the course, complete the assigned tasks and participate in group work related activities.
Of the students who met the minimum requirements, 43% were male and 57% female.
Bottleneck: The digital divide:
A recent report commissioned by Equitable Origin found that Indigenous Peoples in Latin America are severely disadvantaged when it comes to Internet access and have limited telecommunications infrastructure in their communities. The report found that of the 1.1 million Indigenous Peoples of Ecuador, 24% live in the Amazon region and that only 9% of the rural population of Ecuador (mainly Indigenous) are connected to the Internet according to the National Institute of Statistics and Census of Ecuador.
Unfortunately, Indigenous Peoples are still among the world’s least connected and poorest populations, as mentioned in the World Bank blog (2016): «Indigenous communities represent approximately 5% of the world’s population, but they constitute the 15% of the world’s extreme poor» and there have been very little efforts to bridge the digital divide.
Throughout the virtual course there was a constant lack of stable internet connectivity and a lack of knowledge about the use of computer equipment and online tools. Many of the students traveled to neighboring communities that had satellite internet or community hotspots to log in to the sessions. Some had to take classes from computer centers or community police stations that had access to stable internet. For the students of the course, their only way to participate in the course and obtain the information was through a computer and internet.
Compared to urban centers that provide infrastructure and stable connectivity, the reality is very different in the rural Amazonian and tropical areas of Ecuador, Peru and Mexico that do not have such infrastructure and where the Internet is basically non-existent.
Overall, most of the students were able to find a way to connect, however the session would frequently cut off. In some instances the students wanted to participate and they couldn’t be heard because the internet was not stable. Furthermore, it was difficult for them to deliver their tasks through the e-Learning platform since despite having the internet, the speed they had was very slow which did not allow the documents to be uploaded to the platform quickly. Uploading a document or sending an email could sometimes take several hours.
Connectivity alone was not the only bottleneck. There was a clear lack of digital literacy that made the course difficult for some of the participants. Overall, the students did not have experience using platforms such as Zoom, WhatsApp or email. In addition, students were expected to interact and get all the information of the course through COICA’s online learning platform. Despite the fact that this Platform is user-friendly, navigating it presented to be a challenging task for those who have never used a virtual educational platform before.
Conclusions
82% of the students passed the FPIC course. Students and tutors both highlighted the need for this type of online training in today’s world, and suggested that there should be more courses that were designed like this one. The course had a positive closing session where tutors and participants commented on the course and final projects and shared their personal experiences regarding FPIC. In this final meeting, Equitable Origin and COICA awarded the diplomas and highlighted the importance of keeping the network of leaders alive to continue with the dissemination of knowledge related to the FPIC.
The course brought to light the importance of online education platforms such as the one that COICA has been developing through its “Drums of the Jungle” initiative. There is no doubt that for the coming years, connectivity will be an increasingly important tool for Indigenous leaders to train and obtain information in defense of their rights, territories and culture. Despite the digital divide that is still evident, students, tutors and the implementing team were able to push forward in order to ensure that the course ran smoothly.
As a result, the course resulted in the successful training of 18 future Indigenous leaders from Ecuador, Peru and Mexico, who now have fundamental knowledge about the FPIC and who will put these learning to the test in their work as defenders. Likewise, they will share their knowledge and experiences with other leaders in their communities. The course is expected to have a multiplier effect so that the knowledge reaches other community leaders.