# Appendix K: How to do FPIC **Free, Prior, and Informed Consent (FPIC) is not an optional step, but a mandatory one, and for certifiers and buyers, a compliance and legal risk issue. In short, do it. Do it right. And get someone to double-check you did privately because it will definitely happen publicly at some point.** We would be remiss not to address FPIC, but equally remiss to present ourselves as defining its requirements when there are far more authoritative sources. Instead, we will present some practice recommendations we adhere to, refer externally to definitive sources, and strongly recommend our [peer-nominated FPIC validation service](https://www.savimbo.com/fpic) for your jurisdiction. ### More authoritative sources on FPIC Some guides for effective FPIC we recommend include, but are not limited to: * Roundtable on Sustainable Palm Oil (RSPO) [FPIC Guide](https://rspo.org/wp-content/uploads/RSPO-Free-Prior-and-Informed-Consent-FPIC-Guide-2022_RSPO-GUI-T08-002-V2-ENG.pdf) * First People's Worldwide FPIC [Due-diligence questionnaire](https://www.colorado.edu/program/fpw/sites/default/files/attached-files/fpic_due_diligence_questionnaire-2.pdf) * Forest People's Program [Good faith negotiation guide](https://www.forestpeoples.org/sites/fpp/files/publication/2010/09/fppkeyelementsgoodfaithdec08eng.pdf) * Sirge Coalition [FPIC guide](https://www.sirgecoalition.org/fpic-guide) * Convention on Biological Diversity[ Mo’ otz Kuxtal Guidelines](https://www.cbd.int/doc/publications/8j-cbd-mootz-kuxtal-en.pdf) ### FPIC practice insights from Savimbo: * **FPIC is like having a personal relationship with a whole collective**. There isn't a specific recipe for success. There is definitely consent but a successful relationship relies on principles (listening, dialogue, conflict resolution, getting-to-know-you periods, safe introductions, etc.) instead of a checklist. * **FPIC must be compliant under international, national, state, local, and customary law** (Indigenous, tribal, Afrodescendant, etc.). ALL of these not one or the other. Most customary law isn't public, so you will need a customary-law-lawyer for lack of a better term, and yes, you are reliant on their ethics. * **You can't do a proper FPIC unless you know how the collective properly says "yes" or "no"**. So a governance analysis is the same as an FPIC, and they often co-occur. We love Cercabono's governance analysis and made our own based on several public ones they have on their site. * **We like trial projects, or** [**no-strings pilot agreements**](https://www.savimbo.com/contracts/#pilot) with the minimum viable consent for a successful relationship, and clear terms for "what happens if its no" and "what happens if its yes" after the trial period concludes. These have been a smash hit with our communities and very preventive of misunderstandings in cross-cultural business relationships. * **We strongly recommend *****experiential***** consent.** It can be really difficult to explain a complex idea to another culture*.* Deploying tools, training, tracking salaries, and information as part of a work experience to responsible community members dramatically improves consent protocols. This also de-risks project participation for all parties, builds trust, and saves time and resources for all concerned. * **Some communities may not have FPIC protocols clearly defined**. If that's the case, a good partner will back off, find an independent consulting party, and wait for them to get defined first, before progressing. * **In our direct experience, any leader who claims to be able to sign individually for an entire community is mistaken at bes**t. However, it is very common to encounter individual negotiators who vet, introduce and explain proper consent to outsiders. Being able to distinguish the difference for an outsider is often the determining factor between success and failure. * **Elders, women and children** are not always front and centre in early negotiations. That's fine, but they are always included at some point in a true collective consent. --- # Agent Instructions: Querying This Documentation If you need additional information that is not directly available in this page, you can query the documentation dynamically by asking a question. Perform an HTTP GET request on the current page URL with the `ask` query parameter: ``` GET https://sexytrees.savimbo.com/appendices/appendix-k-how-to-do-fpic.md?ask= ``` The question should be specific, self-contained, and written in natural language. The response will contain a direct answer to the question and relevant excerpts and sources from the documentation. Use this mechanism when the answer is not explicitly present in the current page, you need clarification or additional context, or you want to retrieve related documentation sections.