The FPIC procedure, first used in Russia by the Norilsk Nickel mining company, has entered a new stage. A second round of consultations with residents of the Arctic workers’ village of Tukhard (in the Taimyr Dolgano-Nenets District of the Krasnoyarsk Territory) took place. The company reported in a press release.
In October 2021, it was reported that FPIC procedure was started.
At the gathering of residents in the framework of the second round, the issues of consent of the residents of the village to the procedure for obtaining FPIC, as well as the formation of a body for making collective decisions of the residents of Tukhard (Council of Representatives) were brought up. The gathering was attended by 78 residents of the village and tundra reindeer herders.
Tukhard was established as a temporary residence for shift workers producing gas in the area in 1970th, and the development of the village did not provide for the creation of any infrastructure. Due to the lack of possible infrastructure development, taking care of the quality of life, safety and health, the company operating in this region – Norilsk Nickel, offered residents the opportunity to choose a better option for life.
Independent international experts invited by the organizer of the procedure, the Interregional Public Organization for the Protection of the Rights of Indigenous Peoples “KMNSOYUZ”, took part in the meetings with residents. Among them are Alexey Tsykarev, a member of the UN Permanent Forum on Indigenous Issues, Corporate Advisor to the World Bank on Indigenous Issues, author of the current World Bank policies on indigenous peoples’ rights Navin K. Rai, lawyers in the field of protecting the rights of indigenous peoples of the Russian Federation Mikhail Todyshev and Antonina Gorbunova. The procedure was advised by the UN Special Rapporteur on the Rights of Indigenous Peoples, Professor James Anaya and other experts.
Dr. Navin Rai, who is visiting the Taimyr Peninsula as an Independent Expert for drafting the Indigenous Peoples Policy, noted that “the indigenous peoples of Tukhard, including those families who practice reindeer herding in the tundra, are currently negotiating with the Norilsk Nickel Company the specific parameters for the proposed physical relocation.” He underlined that “the principle of Free, Prior and Informed Consent (FPIC) requires that these indigenous peoples have the right to say “no.” However, the result of the negotiations may result in an outcome that is acceptable to both the indigenous peoples and the Company.”
During the gathering, a Council of representatives of the inhabitants of the village of Tukhard was formed, consisting of 7 people. It included both those who in the future wish to move to other settlements, and those who wish to continue their life in Tukhard. The Council also includes reindeer herders who live on a permanent basis in the tundra. Taking into account the interests of reindeer herders who are registered in Tukhard but do not have a permanent place of residence in the village is one of the main requirements of international experts.
The next round of FPIC negotiations is expected in the first quarter of 2022.