2410 KEYWORDS FPIC/UNDRIP, Partnerships, Social License to Operate, Shared Value, World Mining Congress 1.SETTING THE CONTEXT Although Indigenous Peoples across the globe make up less than 5% of the total population, they hold approximately 20% of land worldwide and about 50% of mining projects are located on or near Indigenous territories. Indigenous communities possess deep cultural and spiritual ties to their lands, making their involvement crucial for the sustainable development of natural resources. Conflicts between mining companies and Indigenous communities are still prevalent and they tend to emerge from environmental, social and economic impacts, power imbalances, inequities regarding impacts and benefits, and lack of consultation and “Free, Prior and Informed Consent (FPIC). According to the International Council on Mining and Metals (ICMM, 2015), mining conflicts between companies and communities have surged dramatically since 2002. Figure 1 demonstrates this ten-fold increase in mining conflicts (i.e., from 10 conflicts in 2002 to 104 conflicts in 2015). In view of these incidents, mining companies have become increasingly aware of the negative impact of company–community conflicts on all aspects of their businesses, including loss of time, loss of productivity, loss of opportunity and impacts on reputation. Recent studies have also shown that social license to operate has become a critical risk for mining projects, not only leading to community opposition and operational blockages that affect project schedules, but also to a globally tarnished reputation and a barrier to attracting new sources of capital. It has ranked in the top 10 risks between 2019 and 2021 (EY, 2022). Losing it has cost between $20 million and $30 million a week due to operational disruptions caused by communities to large mining operations. Figure 1: 2.FROM CONSULTATION TO FREE PRIOR AND INFORMED CONSENT Mining companies are moving from consultation or engagement to striving to achieve Free, Prior and Informed Consent from Indigenous Nations. Drivers could be regulatory requirements, company own
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