FPIC tips and tricks

Here are some 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 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 best. 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.