Appendix K: How to do FPIC

Key elements of effective free, prior, and informed consent

It is important to note that FPIC will vary significantly for IP and LC depending on local laws, customs, language, and governance structures and therefore must always be individualized. Furthermore, IP and LC have very different laws governing consent. IP have recognition as independent nations and are protected by international law while LC may fall under local governing regulatory authority.

Savimbo strongly recommends that in the case of the ISBM that consent is experiential. That tools, training, tracking salaries, and information are first deployed on the ground for a 3-6 month period with no-obligation, and no-strings-attached so that communities have time and experience to learn what they are consenting too, what data they will be sharing, what the work is like, and how a biodiversity crediting project will run. This is especially important when considering appropriate remuneration for tracking activities which are labor intensive and require specialized knowledge for success. This also de-risks project participation for all parties, builds trust, and saves time and resources for all concerned.

As some communities may not have FPIC protocols clearly defined, this time period is also essential for partners to understand how the community functions, who are its leaders, what are its requirements for true consent, and how are they implemented. In some cases, it may be necessary to hire truly independent experts to help a community define its desired FPIC protocols before they can be implemented. In our direct experience, any leader who claims to be able to sign individually for an entire community is mistaken at best and care should be taken to determine what the community truly is including the opinion of women and elders who may not be present in initial negotiations with outsiders.

Some guides for effective FPIC we recommend include, but are not limited to:

• Roundtable on Sustainable Palm Oil (RSPO) FPIC Guide

• First People's Worldwide FPIC Due-diligence questionnaire

• Forest People's Program Good faith negotiation guide

• Sirge Coalition FPIC guide

• Convention on Biological Diversity Mo’ otz Kuxtal Guidelines

For the ISBM, FPIC must also be well documented and ground-truthed, in other words, validated in an independent on-site inspection. See Appendix L