Human rights, Indigenous peoples and the concept of Free, Prior and Informed Consent

Hanna, Philippe; Vanclay, Frank

doi:10.1080/14615517.2013.780373

Cited by 204 publications

(172 citation statements)

References 29 publications

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“…Duarte, Dibo and Sánchez The discussion regarding social impacts and the insufficient participation of affected communities in the decision-making process is present in other papers (Devlin et al, 2005;Diegues, 1998;Vanclay, 2013;Hanna et al, 2014;Zhouri, 2008). Positive reports in relation to participation of communities are also found in Devlin et al (2005), reviewing cases in which participation led to the abandonment of large-scale, high impact development projects.…”

Section: Analysis Of the Eia Systemmentioning

confidence: 53%

What Does the Academic Research Say About Impact Assessment and Environmental Licensing in Brazil?

2017

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Scholarly papers on Environmental Impact Assessment (EIA) in Brazil were reviewed aiming at surveying the state of research in this field. Searches in three databases identified 131 papers published between 1985 and 2015. They were classified under: case analysis (45%); analysis of the EIA system (32%), discussion about methods (15%) and evaluation of quality of EIA documents (8%). It was found that those papers: (i) deal with highly complex cases; (ii) identify several weaknesses in the EIA system, but also some achievements and improvements; (iii) address a number of weaknesses identified in other studies; and (iv) show recurrent deficiencies, as well as temporal evolution in the quality of EIA documents. Some topics often pointed as weaknesses in the national debate and the international literature were not addressed in this set of papers. This research field is at an early development stage in Brazil, but features a growing number of publications.

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Section: Analysis Of the Eia Systemmentioning

confidence: 53%

What Does the Academic Research Say About Impact Assessment and Environmental Licensing in Brazil?

2017

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“…From that emanates recognition of ownership and sovereignty interests, and thus the expectation of meaningful (appropriately scheduled and adequately resourced) contribution to legal and ongoing operational processes (including long-term co-management and performance monitoring). This differs somewhat to the impacts and benefits agreements (IBAs) that have been negotiated between extractive companies and Indigenous groups to facilitate community development, particularly in Canada and Australia (Hanna & Vanclay 2013). Although the latter are usually negotiated without a government presence, in Aotearoa New Zealand, the Treaty foundation for any negotiation is predicated on partnership with government (the Crown).…”

Section: Bottom Lines For Slo Creationmentioning

confidence: 99%

Māori and mining: Indigenous perspectives on reconceptualising and contextualising the social licence to operate

Ruckstuhl

Thompson‐Fawcett

Rae

2014

Impact Assessment and Project Appraisal

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The term 'social licence to operate' (SLO) is relatively new to public discourse in Aotearoa New Zealand. It is increasingly being used in the aquaculture, dairy and mining industries due to their rapid intensification and consequent impact on natural resources. For Indigenous New Zealanders, Māori, there has been contestation about land and water usage since the signing of the Treaty of Waitangi in 1840. Māori have struggled to have their voices recognised. However, since 1975, the country has been developing a process that recognises Māori rights. For Māori, the Treaty of Waitangi is the prime 'social licence'. In this paper, we contextualise the notion of SLO in light of the Treaty of Waitangi, specifically in the case of mineral extraction. We examine the extent to which Māori values, as expressed through Māori resource management plans, cultural impact assessments and submissions on legislation, articulate the Māori SLO and what, in turn, this offers the wider field of impact assessment.

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“…Along with civil society and democracy, SIA is inherently participatory (Lockie 2001;Esteves et al 2012). It acknowledges the right of people to self-determination (Hanna and Vanclay 2013) and builds on certain key principles and values (Vanclay 2003), including respect for human rights (Vanclay 2003;Kemp and Vanclay 2013;Gӧtzmann et al 2016;Esteves et al 2017). Vanclay (2012) asserted that the understandings, experiences, philosophy and methods of SIA greatly enhance democratic decision-making and planning processes.…”

Section: Social Impact Assessment Civil Society and Democracymentioning

confidence: 99%

Social impact assessment in the Russian Federation: does it meet the key values of democracy and civil society?

Gulakov

Vanclay

2018

Impact Assessment and Project Appraisal

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Contemporary social impact assessment (SIA) is rooted in the concepts of civil society and democracy. We analyse whether SIA as practiced in the Russian Federation as part of environmental impact assessment (EIA) is consistent with the key values of civil society and democracy. We consider whether the Russian EIA requirements enable preparation of meaningful assessments that effectively contribute to the decision-making processes that affect people's lives. We review the Rsussian EIA legislation and its requirements for SIA and social baseline, and consider the EIA/SIA practice undertaken in response to these requirements. We specifically analyse the Karmen coal mining project in South Yakutia. We compare the EIA documents completed according to national requirements against the Environmental and Social Impact Assessment (ESIA) documents prepared to be consistent with international standards, as defined by the International Finance Corporation Performance Standards. We conclude that the national requirements for SIA in Russia and the way they are implemented do not encourage the development of meaningful SIAs that comply with the key concepts and social values of SIA, civil society and democracy.ARTICLE HISTORY

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Human rights, Indigenous peoples and the concept of Free, Prior and Informed Consent

Cited by 204 publications

References 29 publications

What Does the Academic Research Say About Impact Assessment and Environmental Licensing in Brazil?

What Does the Academic Research Say About Impact Assessment and Environmental Licensing in Brazil?

Māori and mining: Indigenous perspectives on reconceptualising and contextualising the social licence to operate

Social impact assessment in the Russian Federation: does it meet the key values of democracy and civil society?

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