to land and existence and conflicts to land and functioning of an registered and resource rights. resource rights accessible, resolved over the transparent last five years are process to lacking. resolve conflicts related to land and resource rights. 2.3 Customary 2.3.1 Collective Rights to land Customary rights Customary 1 rights to land and resources to land and rights to land customary and resources established resources and resources rights are through including including recognized customary use collective rights collective rights are recognized of indigenous of indigenous and protected by peoples and local peoples and law including communities are local collective rights recognized in communities of indigenous guidelines are not peoples and local approved by recognized in communities. government. any particular form. 2.3.2 Free, prior Free, prior and Free, and Consultation is 1 Guidance: Note that this indicator considers whether regulations informed informed required by law require FPIC for activities that affect indigenous peoples’ rights to and informed consent is consent is but not consent, lands and resources, and 2.3.3 does the same for non-indigenous consent is required by law required by or no communities’ collective rights to lands and resources whereas 2.3.4 required for for activities that guidelines consultation or uses interviews to assess whether their rights are respected in activities affect indigenous recognized by consent is practice which would relate to whether regulations requiring FPIC affecting peoples’ government required for are implemented. indigenous collective and/or only for activities that customary and some activities affect peoples statutory rights but not all that indigenous to lands and affect indigenous peoples’ resources. peoples’ collective collective customary and customary and statutory rights statutory rights to lands and to lands and resources. resources. 2.3.3 Free, prior Free, prior and Free, prior and Consultation is 1 informed informed required by law and informed consent is consent is but not consent,
to land and resource rights existence and functioning of an accessible, transparent process to resolve conflicts related to land and resource rights. conflicts registered and resolved over the last five years are lacking. to land and resource rights. 2.3 Customary rights to land and resources 2.3.1 Collective customary rights are recognized Rights to land and resources established through customary use are recognized and protected by law including collective rights of indigenous peoples and local communities. Customary rights to land and resources including collective rights of indigenous peoples and local communities are recognized in guidelines approved by government. Customary rights to land and resources including collective rights of indigenous peoples and local communities are not recognized in any particular form. 1 2.3.2 Free, prior and informed consent is required for activities affecting indigenous peoples Free, prior and informed consent is required by law for activities that affect indigenous peoples’ collective customary and statutory rights to lands and resources. Free, and informed consent is required by guidelines recognized by government and/or only for some activities but not all that affect indigenous peoples’ collective customary and statutory rights to lands and resources. Consultation is required by law but not consent, or no consultation or consent is required for activities that affect indigenous peoples’ collective customary and statutory rights to lands and resources. 1 Guidance: Note that this indicator considers whether regulations require FPIC for activities that affect indigenous peoples’ rights to lands and resources, and 2.3.3 does the same for non-indigenous communities’ collective rights to lands and resources whereas 2.3.4 uses interviews to assess whether their rights are respected in practice which would relate to whether regulations requiring FPIC are implemented. 2.3.3 Free, prior and informed Free, prior and informed consent is Free, prior and informed consent is Consultation is required by law but not consent, 1
SLRatingTool_Version1June2017_guidance9Feb2018.docx