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Dams and Development E-paper
Examples of national laws and negotiated agreementsPhilippines Law The 1997 Indigenous Peoples Rights Act of the Philippines (Republic Act No. 8371) defines free and prior informed consent by six points (Section 3g): 'Free and Prior Informed Consent - as used in this Act shall mean the consensus of all members of the ICCs/Ips [Indigenous Cultural Communities / Indigenous Peoples] to; be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable to the community'; Quebec, Canada - "La Paix des Braves" - An agreement to establish a new relationship between the Government of Quebec and the Cree Nation. For decades the Cree Nation resisted development in their traditional territories for two reasons: Firstly, they believed that development was done at the expense of their way of life, and secondly, development on their lands benefited others living further away while the Cree people did not benefit in any substantial way. The Government of Quebec and the Cree Nation have now entered into a new groundbreaking agreement. For the first time the agreement is not based on damages, exchange or surrender of rights, but rather upon the recognition of their rights to resources. The Cree people not only become part of the development process, but also become part of the decision making and planning process for future development of their traditional territories. The above description is taken from the UNEP-DDP website.
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