Good Practice Guidance

Part One: Good Practice Guidance

Chapter 1: INTRODUCTION 1.1 Why produce a Good Practice Guide focusing specifically on Indigenous Peoples? 1.2 The updated ICMM position statement 1.3 Structure and scope of the Guide 1.4 Who are Indigenous Peoples? 1.5 International Rights for Indigenous Peoples 1.6 Indigenous Peoples and mining Chapter 2: ENGAGEMENT AND INDIGENOUS PARTICIPATION 2.1 Understanding the local context for engaging with Indigenous Peoples 2.2 The principles of good engagement 2.3 Making initial contact 2.4 Indigenous Peoples' involvement in decision-making 2.5 Free, Prior and Informed Consent (FPIC) 2.6 Some engagement challenges

Chapter 3: MANAGING IMPACTS 3.1 Impact mitigation and enhancement 3.2 Cultural preservation 3.3 Environmental protection, rehabilitation and monitoring 3.4 Preparing for mine closure 3.5 Addressing discrimination and historical disadvantage Chapter 4: AGREEMENTS 4.1 The business case for agreements 4.2 The factors that make for a successful agreement 4.3 Managing impacts and sharing the benefits of mining through agreements 4.4 Components of agreements 4.5 Implementation of agreements Chapter 5: DEALING WITH GRIEVANCES 5.1 Why are grievance mechanisms important? 5.2 Sources of potential disagreement or conflict

Toolkit

Part Two: Toolkit

TOOL 1 Applying principles of good engagement TOOL 2 Building engagement capacity in companies TOOL 3 Dealing with challenges to the identification and recognition of indigenous land rights TOOL 4 Ensuring engagement is consistent with Indigenous Peoples' decision-making processes TOOL 5 Dealing with the challenges of engagement TOOL 6 Impact avoidance and mitigation TOOL 7 Strengthening the community asset base TOOL 8 Baseline studies and impact assessments TOOL 9 Making agreements TOOL 10 Good faith negotiation TOOL 11 Working to obtain consent: a suggested process across corporate engagement TOOL 12 Designing and implementing grievance mechanisms TOOL 13 Steps towards consensus

Case Studies

Part Three: Case Studies

ENGAGEMENT AND INDIGENOUS PARTICIPATION Rio Tinto Cultivating mutual understanding and learning Freeport-McMoRan Managing expectations Rio Tinto Diavik mine - Establishing and delivering on effective participation agreements Teck Collaborative consultation - experience with a First Nations independent technical review Freeport-McMoRan Addressing the gender gap Barrick Early engagement and agreements with native title owners in New South Wales Barrick Flexibility and co-operation in delivering on agreements Freeport-McMoRan Establishing educational programs to promote continued development MANAGING IMPACTS Newmont Martu ranger program in Western Australia Barrick Respecting the cultural heritage of Indigenous Peoples Freeport-McMoRan Preparing for mine closure in Indonesia Freeport-McMoRan Preserving traditions and promoting arts and culture Newmont Muntjiljtarra Wurrgumu Group's Martu attitudinal survey Newmont Reviewing partnership agreements

Rio Tinto Supporting indigenous small-scale miners in Namibia AGREEMENTS Barrick Fostering local culture and language - Shoshone Youth Language Apprenticeship Program Teck Red Dog mine - Accessing royalties and profit-sharing mechanisms Glencore Raglan mine - Accessing royalties and profit-sharing mechanisms Barrick Cowal mine (previously owned by Barrick) - Procurement from indigenous suppliers Newmont FPIC in action: documenting FPIC-related processes during exploration phase - in Suriname BHP Billiton Olympic Dam - Aboriginal business development BHP Billiton Potash Opportunities agreements Glencore Raglan mine: Company-community committee to govern agreement Rio Tinto Reviewing the implementation and effectiveness of company-community agreements Teck Sharing knowledge of culture and country GRIEVANCE MECHANISMS Cerrejón FPIC and expansion project

Further Information

Part Four: Further Information

RESOURCES General reading - Indigenous Peoples and mining Identifying Indigenous Peoples International rights for Indigenous Peoples Conventions National legislation impacting Indigenous Peoples Engagement Free, prior and informed consent Agreements Managing impacts and benefits Baseline research and social impact assessments Community development Employment Grievances, disputes and conflict resolution

ACKNOWLEDGEMENTS 2010 Advisory Group Public consultation period ICMM Working Group Consulting team ICMM team Photo credits PUBLICATION DETAILS Disclaimer Publication information

Good Practice Guidance

Toolkit

Case Studies

Further Information