ABSTRACT

Chapter 4 is the first case study presented in this book. It examines how FPIC is claimed where a state has adopted it into national legislation. The chapter examines the attempt to develop the Tampakan Copper-Gold Mine located on the southernmost Philippine island of Mindanao, and some B’laan peoples opposition to it. This project is worth studying because, in 1997, the Philippines adopted FPIC into national legislation under the Indigenous Peoples Rights Act. This case study provides information on agreement-making with the B’laan both pre- and post-FPIC in national law. It also shows that when national law failed to protect the B’laan, the international legal discourse began to play a larger role. To the extent that any state adopts FPIC (or some other consent standard for participation), this case study reveals some challenges that any state will have to avoid. The chapter ends by examining the various criticisms that arise about FPIC, one of which is the suggestion that Indigenous peoples should use FPIC by resorting to ‘direct political action’, such as rallies, petition signing and putting pressure on government officials.