Indigenous territorial rights

Oliveira, Philippe Hanna de Almeida; Vanclay, Francis

doi:10.4324/9781315640051-137

Cited by 2 publications

(3 citation statements)

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“…Other factors justifying their special attention include their unique features (culture, language) and their historically-subordinate status. Although "Indigenous peoples" is widely used as an all-inclusive, over-arching umbrella term, it is difficult to define and much contested [16,65]. Nevertheless, regardless of the term or precise definition used, in around 90 countries, there are groups of people who have an identity separate from the dominant society/culture in those countries and who typically have a strong attachment to the land.…”

Section: Particular Issues Associated With Indigenous Peoples and Tramentioning

confidence: 99%

“…The consequences of conflict can be severe for communities, as well as companies [14], as we describe below. This is especially the case for Indigenous groups, because of the strong attachment they have to their land and their dependence on local resources [15,16]. This paper was developed over several years by systematically reflecting on a wide variety of sources and projects.…”

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confidence: 99%

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Conceptualizing Company Response to Community Protest: Principles to Achieve a Social License to Operate

Vanclay

Hanna

2019

Land

108

122

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To gain a social license to operate and grow, companies should have effective community engagement activities, social impact assessment processes, environmental and social impact management procedures, and human rights-compatible grievance redress mechanisms in place. In this way, environmental impacts and social impacts would likely be identified and addressed before issues escalate and social risk amplifies. Companies also need to treat communities with respect and be mindful of local culture. Where these things are not done, there will be no social license to operate. Protests are mechanisms by which affected communities express their concerns and signal there is no social license. As argued in our previous work on conceptualizing social protests, protests are warning signs, as well as opportunities for companies to improve. Rather than let protest actions escalate, leading to violent confrontation and considerable cost and harm, companies should engage in meaningful dialogue with protesters. Unfortunately, company response is often inadequate or inappropriate. In this paper, we identify around 175 actions companies might take in relation to community protest, and we discuss how these actions variously have the potential to escalate or de-escalate conflict, depending on whether the company engages in appropriate and genuine interaction with protesters or if repressive measures are used. While effective engagement will likely de-escalate conflict, ignoring or repressing protests tends to provoke stronger reactions from groups seeking to have their concerns heard. When companies address community concerns early, their social license to operate is enhanced. We also outline the primary international standards companies are expected to comply with, and we identify the key environmental, social, and governance issues (ESG principles) that should be respected.proactively undertake actions to address the issues of concern and reduce the likelihood of protest. In this paper, we examine the wide range of reactive and proactive actions companies might take in relation to community protest, and we reflect on how these actions might affect the level of conflict with their host communities and the company's and project's social license to operate.Companies need to consider their actions and reactions carefully. If company reaction leads to escalation, this increases the amount of community protest and/or changes the type of protest action, which could lead to harmful outcomes to the company and community. Furthermore, communities and individuals have rights, and should companies use repressive actions, companies run the risk of violating the rights of local people, which could lead to reputational harm and legal action against the company well into the future [5][6][7]. The many legal actions the oil company, Shell, has had to face because of its actions (and inaction) in Nigeria in the 1990s is proof of this [8]. The negative publicity surrounding conflict can be harmful to the company's reputation and social license to op...

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Section: Particular Issues Associated With Indigenous Peoples and Tramentioning

confidence: 99%

mentioning

confidence: 99%

Conceptualizing Company Response to Community Protest: Principles to Achieve a Social License to Operate

Vanclay

Hanna

2019

Land

108

122

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“…104 Moreover, the Court found that the lengthy administrative process of titling, demarcating and reorganizing of the Xucuru peoples was partly ineffective. 105 Therefore, to build trust relationships with the impacted communities with a view to reaching meaningful consultation and FPIC, 106 a human rights impact assessment framework should be applied in Brazil. Such a framework should be aimed at ensuring that projects designed to expand access to natural resources are conceived, planned and implemented with the objective of protecting, respecting and fulfilling human rights.…”

Section: From Consultation To Fpic?mentioning

confidence: 99%

Public participation, indigenous peoples’ land rights and major infrastructure projects in the Amazon: The case for a human rights assessment framework

Pereira¹

2021

Rev Euro Comp Intl Enviro

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The recognition of land title and demarcation of indigenous peoples’ ancestral lands and the guarantee of the rights of consultation and free, prior and informed consent in the context of large infrastructure projects represent some of the major challenges for indigenous peoples and communities in the Amazon States. These challenges have been exacerbated by the election of the current Brazilian federal government in power since January 2019. Yet a significant development with the potential to strengthen participatory environmental governance in the region followed the adoption and entry into force in April 2021 of the 2018 Regional Agreement on Access to Environmental Information, Public Participation and Access to Justice in Latin America and the Caribbean. This article will argue that national environmental impact assessment and licensing procedures must integrate a human rights approach to project impact assessments to safeguard the protection of the environment and indigenous peoples’ fundamental rights.

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Indigenous territorial rights

Cited by 2 publications

References 1 publication

Conceptualizing Company Response to Community Protest: Principles to Achieve a Social License to Operate

Conceptualizing Company Response to Community Protest: Principles to Achieve a Social License to Operate

Public participation, indigenous peoples’ land rights and major infrastructure projects in the Amazon: The case for a human rights assessment framework

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