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What can we do for the law to be respected?
We have gathered some strategies that have proved to be successful so far, but there is no magic trick. Ultimately, we need to fight for the enforcement of FPIC, but in the meantime, depending on who you are and where you live, these may be some helpful tips:
Close access to your territories:
If you live in a community with just a few roads, barricade them closed and monitor who is coming in. This proved to be an effective strategy during Covid.
Connect to others in your situation:
Connect with your neighbors, with people on the other side of the world that have the same problem as you, and with environmental, labor, and social justice activist movements. Many people are trying to come to terms with these issues!
Court cases:
Although courts should be where these issues get settled, we must consider some practicalities when pursuing this path.
First, trials are expensive, and the companies will try to make them last as long as they can, they do not have money problems.
Second, state law protects the interests of the state and companies, which allows development for “the greater good of the state”, so be mindful upon which grounds you are bringing your case forward Nonetheless… cases like the Jurado Indigena in Argentina prove that laws and the court system can also change.
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Protest:
Make noise and force a public discussion about our issues. It’s easy for others to take over our communities when we are silent, or there is no public pushback. Remember, these people value their image..
M. Demond gives some suggestions on how to prepare a case and use the “public shame” strategy.
What should you do if a company approaches you?
Don’t accept anything outside of official negotiations. Don’t accept money or valuables they may offer. It’s bribery. Involve your community and speak together about it through our traditional governance systems.
Look for technical advice, both legal and environmental. Don’t accept the facts claimed by the company; seek independent help. Connecting with others will help us choose the best options. Reach out to organizations that have dealt with this in the past for advice.
Beware, it’s going to be a long process. It could take years to settle such disputes.
Make sure company or government representatives speak with the people who hold power in our communities. Please don’t allow them to choose who they will talk with, respect our indigenous decision-making processes!
How do negotiations work?
Even if we are against all activity on our land, the state will still require negotiations to settle the dispute.
If we can’t agree, we must consider involving a third party in the negotiation process. This entity can be a non-governmental organization (NGO) or another actor that will help mediate between the corporation and us.
Ensure they provide all documents in a language understandable by our community.
Remember: you have the right to say no!
Dr. Rudolph Rÿser speaking about how negotiations work
In the following videos, Dr. Rudolph Rÿser explains the necessity for regulating the negotiation process and gives tips on approaching it without a regulating mechanism.
