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This Position Statement reinforces ICMM members’ commitment to respect the rights of Indigenous Peoples. It states our intention to obtain agreement for impacts from our activities on Indigenous Peoples’ rights, obtained through human rights due diligence and early engagement, and setting out the equitable terms by which impacts may occur and be mitigated. It also recognises that there may be circumstances in which agreement is not obtained and sets out the process that ICMM members will take in this instance. ICMM recognises that to achieve outcomes consistent with the commitments in this Position Statement, the participation of a range of parties is essential. States have a fundamental role to play in protecting Indigenous Peoples’ rights, including in ways that may limit companies’ involvement. Decisions about whether projects can initially proceed are State decisions. States have the duty to consult Indigenous Peoples in order to obtain their free, and informed consent prior to the approval of any projects affecting them, in accordance with the United Nations’ Declaration on the Rights of Indigenous Peoples (UNDRIP). At the same time, it is the responsibility of mining companies to respect Indigenous Peoples’ rights, by exercising human rights due diligence, including meaningful consultation and engagement, to avoid infringing on these rights, and, accordingly, establish that they have sought the consent of affected Indigenous Peoples for anticipated impacts on their rights. In the context of a company’s due diligence, Indigenous Peoples’ consent to impacts on their rights is most clearly demonstrated by the establishment of an agreement setting out that consent, and the terms under which impacts will be managed. Agreement is expected to be freely given and established under equitable terms. In this Position Statement, the word ‘agreement’ is used to describe both a process (of carrying out due diligence and conducting meaningful engagement with affected Indigenous Peoples in order to agree to impacts on their rights) and an outcome (the establishment of an agreement demonstrating affected Indigenous Peoples’ consent to impacts on their rights and setting out the equitable terms by which impacts may occur and be mitigated). ‘Obtaining agreement’ is the resulting demonstration that consent has been attained. Regardless of how States meet their commitments, or where they fail to do so, the independent responsibility for companies to conduct due diligence and establish that they respect the rights of Indigenous Peoples remains. ICMM members have a long history of engaging and building relationships with Indigenous Peoples. Yet we recognise that mining has also adversely affected the rights and lives of many Indigenous Peoples. In some instances, mining companies have been involved in historical injustices that have caused or exacerbated negative impacts and trauma, led to a breakdown of trust, and excluded Indigenous Peoples from participating in development within their territories. The acknowledgement of these impacts has prompted deep reflection within ICMM and across the mining industry. By strengthening practices that respect the rights of Indigenous Peoples, and that seek meaningful engagement with them in relation to mining and associated activities, we believe we can better develop, operate and close mines in ways that foster these critical relationships and contribute to aligned development aspirations. Recognising the level of this ambition, and that building resilient relationships takes ongoing investment, we understand that progress will vary, and that long-term impactful change will take time. Nevertheless, ICMM members remain committed to respecting the rights of Indigenous Peoples, and to obtaining their freely given agreement to activities that may impact them, such that we can create beneficial and equitable outcomes for all parties throughout a project’s lifecycle. This Position Statement is guided by the aims of relevant international frameworks and legal instruments, including: 1. United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) 2. International Labor Organization’s Indigenous and Tribal Peoples Convention (ILO 169) 3. United Nations Guiding Principles on Business and Human Rights (UNGP) 4. International Finance Corporation Performance Standard 7: Indigenous Peoples (IFC PS7). ICMM members comply with local laws, and where applicable law differs from the commitments in this Position Statement, members will comply with applicable laws while seeking to follow the higher standard. In the case where adherence to these commitments conflicts with applicable laws, companies will proceed only to the extent that they are able to meet their responsibility to respect the rights of Indigenous Peoples. The commitments in this Position Statement apply to mining and mining-related projects throughout the asset lifecycle, including mining and metals operations, processing facilities and other activities relating to decarbonisation, renewable energy and nature. Commitment 4 will not apply retrospectively for existing projects. However, consistent with the requirements of Commitment 2, where impacts on the rights of Indigenous Peoples are ongoing, or changes to a project create or change the nature of impacts on rights, members will carry out due diligence. This recognises that the impacts to Indigenous Peoples’ rights may be ongoing and/or change over time as a company’s operations and/or operating context evolves. A new agreement may not need to be established. This Position Statement applies to all communities of Indigenous Peoples affected by members’ projects or activities. Explanatory Notes have been prepared to support members’ interpretation of the commitments in this Position Statement. They are not considered part of, nor additional requirements to, the commitments set out herein.

Indigenous Peoples and Mining: Position Statement

Resource Key: 7RITAAKA

Document Type: Report

Creator:

Author:

  • ICMM

Creators Name: {mb_resource_zotero_creatorsname}

Place: London

Institution: ICMM

Date: August 2024

Language: en

This Position Statement reinforces ICMM members’ commitment to respect the rights of Indigenous Peoples. It states our intention to obtain agreement for impacts from our activities on Indigenous Peoples’ rights, obtained through human rights due diligence and early engagement, and setting out the equitable terms by which impacts may occur and be mitigated. It also recognises that there may be circumstances in which agreement is not obtained and sets out the process that ICMM members will take in this instance. ICMM recognises that to achieve outcomes consistent with the commitments in this Position Statement, the participation of a range of parties is essential. States have a fundamental role to play in protecting Indigenous Peoples’ rights, including in ways that may limit companies’ involvement. Decisions about whether projects can initially proceed are State decisions. States have the duty to consult Indigenous Peoples in order to obtain their free, and informed consent prior to the approval of any projects affecting them, in accordance with the United Nations’ Declaration on the Rights of Indigenous Peoples (UNDRIP). At the same time, it is the responsibility of mining companies to respect Indigenous Peoples’ rights, by exercising human rights due diligence, including meaningful consultation and engagement, to avoid infringing on these rights, and, accordingly, establish that they have sought the consent of affected Indigenous Peoples for anticipated impacts on their rights. In the context of a company’s due diligence, Indigenous Peoples’ consent to impacts on their rights is most clearly demonstrated by the establishment of an agreement setting out that consent, and the terms under which impacts will be managed. Agreement is expected to be freely given and established under equitable terms. In this Position Statement, the word ‘agreement’ is used to describe both a process (of carrying out due diligence and conducting meaningful engagement with affected Indigenous Peoples in order to agree to impacts on their rights) and an outcome (the establishment of an agreement demonstrating affected Indigenous Peoples’ consent to impacts on their rights and setting out the equitable terms by which impacts may occur and be mitigated). ‘Obtaining agreement’ is the resulting demonstration that consent has been attained. Regardless of how States meet their commitments, or where they fail to do so, the independent responsibility for companies to conduct due diligence and establish that they respect the rights of Indigenous Peoples remains. ICMM members have a long history of engaging and building relationships with Indigenous Peoples. Yet we recognise that mining has also adversely affected the rights and lives of many Indigenous Peoples. In some instances, mining companies have been involved in historical injustices that have caused or exacerbated negative impacts and trauma, led to a breakdown of trust, and excluded Indigenous Peoples from participating in development within their territories. The acknowledgement of these impacts has prompted deep reflection within ICMM and across the mining industry. By strengthening practices that respect the rights of Indigenous Peoples, and that seek meaningful engagement with them in relation to mining and associated activities, we believe we can better develop, operate and close mines in ways that foster these critical relationships and contribute to aligned development aspirations. Recognising the level of this ambition, and that building resilient relationships takes ongoing investment, we understand that progress will vary, and that long-term impactful change will take time. Nevertheless, ICMM members remain committed to respecting the rights of Indigenous Peoples, and to obtaining their freely given agreement to activities that may impact them, such that we can create beneficial and equitable outcomes for all parties throughout a project’s lifecycle. This Position Statement is guided by the aims of relevant international frameworks and legal instruments, including: 1. United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) 2. International Labor Organization’s Indigenous and Tribal Peoples Convention (ILO 169) 3. United Nations Guiding Principles on Business and Human Rights (UNGP) 4. International Finance Corporation Performance Standard 7: Indigenous Peoples (IFC PS7). ICMM members comply with local laws, and where applicable law differs from the commitments in this Position Statement, members will comply with applicable laws while seeking to follow the higher standard. In the case where adherence to these commitments conflicts with applicable laws, companies will proceed only to the extent that they are able to meet their responsibility to respect the rights of Indigenous Peoples. The commitments in this Position Statement apply to mining and mining-related projects throughout the asset lifecycle, including mining and metals operations, processing facilities and other activities relating to decarbonisation, renewable energy and nature. Commitment 4 will not apply retrospectively for existing projects. However, consistent with the requirements of Commitment 2, where impacts on the rights of Indigenous Peoples are ongoing, or changes to a project create or change the nature of impacts on rights, members will carry out due diligence. This recognises that the impacts to Indigenous Peoples’ rights may be ongoing and/or change over time as a company’s operations and/or operating context evolves. A new agreement may not need to be established. This Position Statement applies to all communities of Indigenous Peoples affected by members’ projects or activities. Explanatory Notes have been prepared to support members’ interpretation of the commitments in this Position Statement. They are not considered part of, nor additional requirements to, the commitments set out herein.

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