Ahead of the International Day of the World’s Indigenous Peoples, on August 9, mining industry organisation the ICMM’s members have reaffirmed their commitment to respect the rights of Indigenous Peoples, recognising their importance as partners in the development of mining projects on their lands and territories.

The ICMM’s updated Indigenous Peoples and Mining Position Statement includes commitments to obtain agreement from Indigenous Peoples on anticipated impacts to their rights from ICMM members’ activities, identified through human rights due diligence and early and meaningful engagement.

The ICMM says these processes reflect a company’s responsibility to respect Indigenous Peoples’ rights, independent of the State’s obligation to obtain the free, prior and informed consent of Indigenous Peoples prior to the approval of projects affecting their lands, territories and resources.

It also sets out what companies will do if agreement cannot be reached and States have granted permission for projects to proceed. The ICMM says this comes at a critical time in the world’s energy transition, with an estimated 54% of critical mineral mining projects located on or near Indigenous lands. 

It is also set against the backdrop of increasing challenges to Indigenous Peoples’ rights and ways of life from a variety of sources including climate change, nature loss and wider industrial development including mining.

The ICMM says the revised position statement has been developed over more than two years with extensive engagement with Indigenous Peoples’ representatives, human rights and legal experts, and with significant input from ICMM members’ subject matter experts and leaders. Their inputs have helped to inform and strengthen the nine commitments detailed in the position statement.

ICMM CEO and president Rohitesh Dhawan says these important commitments reinforce the ICMM’s dedication to respecting Indigenous Peoples’ rights, participating in meaningful engagement, and supporting the fair and equitable participation of Indigenous Peoples in the development of mining projects on their lands and territories.

“With these revisions, we hope to provide much-needed clarity on the role of companies, alongside States, to contribute to the free, prior and informed consent of Indigenous Peoples in decisions that affect them.

“Alongside many positive examples of respectful and enduring partnerships that have advanced social and economic development of Indigenous Peoples, we recognise that in some instances, mining activities have harmed their rights.

“We will continue to reflect on how we can better develop, operate and close mines in ways that enhance our critical relationships with Indigenous Peoples and contribute to aligned development aspirations, and respects Indigenous Peoples' right to participate in decision-making on matters that will affect them,” he says.

“The updated Indigenous Peoples and Mining Position Statement brings significantly more rigour to the expectations of ICMM member companies in how we, the mining industry, engage, understand and respect the rights of Indigenous Peoples.

“These commitments serve as the foundations of lasting relationships built on transparency, trust and mutual benefit,” adds Newmont CEO and ICMM social performance council advisory group chair Tom Palmer.

Business and human rights legal expert Jonathan Drimmer says the standards relating to Indigenous Peoples are changing, and there is now greater recognition of their rights and what free, prior and informed consent really entails.

“ICMM’s Position Statement helps solidify current best practices even against this evolving landscape. It helps companies to understand what activities they should be undertaking and stakeholders to understand how they should be evaluating these activities,” says Drimmer.