An examination of contemporary struggles over extractive industry projects
shows that they are not adequately captured by current CSR strategies
because they are not exclusively disputes about the environment, human
rights or health and safety as those subjects are generally understood by
companies. Rather, they are better understood as disputes over community
control of resources and the right of community members to control the
direction of their lives. This Article proposes that extractive industries can
tackle the underlying causes of the growing opposition to their projects in the
developing world by engaging in consent processes with communities and
groups directly affected by projects with a view to obtaining their free prior
and informed consent (FPIC). The authors propose that FPIC must be
enduring, enforceable, and meaningful in order to take companies and
communities out of their current defensive positions. FPIC should instead
allow companies and communities to take up proactive positions - with those
companies that have the consent of the communities in which they operate
obtaining a competitive advantage and those communities that have
enforceable agreements with companies obtaining control over the naturalresource-
based development process on which their future depends.
Laplante, Lisa J. and Spears, Suzanne A.
"Out of the Conflict Zone: The Case for Community Consent Processes in the Extractive Sector,"
Yale Human Rights and Development Law Journal: Vol. 11
, Article 6.
Available at: https://digitalcommons.law.yale.edu/yhrdlj/vol11/iss1/6