Indigenous engagement and consent are fundamental to sustainable mining. Rather than being a mere formality, they are critical for ensuring that mining projects respect human rights, minimize negative impacts, and create lasting, positive benefits for all involved parties [1]. This approach is increasingly recognized as a vital component of a company’s “social license to operate.”
Here is a breakdown of the key roles of Indigenous engagement and consent in sustainable mining:
Upholding human rights and self-determination
The most significant role of Indigenous consent is the recognition of their rights, particularly the right to self-determination. International legal frameworks like the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) establish the principle of Free, Prior, and Informed Consent (FPIC) [2].
- Free: the decision to consent or not must be made without coercion, intimidation, or manipulation.
- Prior: consent must be sought and obtained sufficiently in advance of any project commencement or authorization.
- Informed: communities must be provided with comprehensive information about the project in an accessible format and language, including its potential economic, social, cultural, and environmental impacts.
- Consent: this is not just about consultation; it gives Indigenous communities the right to either give or withhold their consent to a project.
By adopting FPIC, mining companies and governments move beyond a tokenistic “duty to consult” to a genuine partnership where Indigenous peoples are recognized as equal decision-makers.
Risk mitigation and business certainty
Ignoring Indigenous engagement and consent is a significant business risk. Projects that proceed without the support of affected communities can face:
- Operational delays and disruptions: protests, legal challenges, and community resistance can halt or indefinitely suspend operations, leading to substantial financial losses [3].
- Reputational damage: public and investor perception is increasingly sensitive to human rights issues. A company’s reputation can be severely damaged, impacting its ability to secure financing and operate in other regions [4].
- Legal and regulatory hurdles: a lack of proper engagement can lead to a project’s permit being revoked or a lawsuit being filed [3]. In some jurisdictions, the failure to obtain consent can be grounds for a project’s closure.
Conversely, a robust engagement process that leads to consent provides a company with a “social license to operate,” which can lead to greater stability, predictability, and a more durable project.
Co-creating value and shared benefits
Effective engagement is a two-way process that allows for the creation of mutually beneficial outcomes [5]. By engaging early and transparently, mining companies can:
- Integrate Indigenous knowledge: traditional ecological knowledge can be invaluable for developing effective environmental management strategies, identifying culturally significant areas, and minimizing a project’s environmental footprint [6].
- Tailor economic benefits: engagement allows companies to understand the specific needs and aspirations of a community. This can lead to the creation of targeted opportunities like training and employment programs, local business development, and co-ownership models, ensuring that the benefits of the mine are equitably shared [6].
- Plan for a post-mining future: sustainable mining is not just about the life of the mine; it is also about what happens after closure. Collaboration with communities can help plan for a smooth transition and create a lasting legacy of sustainable economic development.
Enhancing environmental and social performance
When Indigenous communities are meaningfully involved, they can hold companies accountable for their environmental and social performance. This can lead to:
- Improved environmental stewardship: communities with a deep, long-standing connection to their lands can help monitor and address environmental issues more effectively.
- Better-managed social impacts: indigenous engagement ensures that social impacts, such as community health, safety, and cultural preservation, are addressed proactively throughout the project’s lifecycle.
- Greater transparency: open dialogue and co-developed agreements build trust and ensure that all parties are informed about the project’s progress and performance.
In conclusion, Indigenous engagement and consent are no longer an optional add-on for the mining industry. They are a core component of responsible and sustainable mining, essential for respecting human rights, managing risks, creating shared value, and fostering genuine, long-term partnerships [7].
Reference
[1] “Position Statement: Indigenous Peoples and Mining.” Accessed: Sept. 24, 2025. [Online]. Available: https://www.icmm.com/en-gb/our-principles/position-statements/indigenous-peoples
[2] “Free, Prior, and Informed Consent & Indigenous Consultation in Mining Development | Womble Bond Dickinson.” Accessed: Sept. 24, 2025. [Online]. Available: https://www.womblebonddickinson.com/us/insights/articles-and-briefings/free-prior-and-informed-consent-indigenous-consultation-mining
[3] E. W. Abbi Buxton, “FPIC and the extractive industries: a guide to applying the spirit of free, prior and informed consent in industrial projects.” Accessed: Sept. 24, 2025. [Online]. Available: https://www.iied.org/16530iied
[4] “Free, Prior and Informed Consent (FPIC),” Earthworks. Accessed: Sept. 24, 2025. [Online]. Available: https://earthworks.org/issues/fpic/
[5] M. and L. C. I. Ministry of Energy, “Indigenous Engagement – Province of British Columbia.” Accessed: Sept. 24, 2025. [Online]. Available: https://www2.gov.bc.ca/gov/content/industry/mineral-exploration-mining/permitting/mines-indigenous-engagement
[6] J. Darley, “How ESG is Changing Mining’s Treatment of Indigenous Peoples.” Accessed: Sept. 24, 2025. [Online]. Available: https://sustainabilitymag.com/articles/esg-reshaping-mining-firms-policy-on-indigenous-peoples
[7] “Mining Companies Must Obtain Free, Prior, Informed Consent, Partner with Indigenous Peoples to Ensure Responsible, Ethical Land Use, Speakers Tell Permanent Forum | Meetings Coverage and Press Releases.” Accessed: Sept. 24, 2025. [Online]. Available: https://press.un.org/en/2025/hr5491.doc.htm
