The Incorporation of the fpic Principle in South African Policy on Mining-Induced Displacements

Abstract

The persistence of intense conflicts over land belonging to indigenous communities is a pressing issue in South Africa. This would resonate even more with the lived experiences of mine communities that are often having to grapple with the collateral socio-economic hardships and impoverishment effects. Matters can get even worse when the State has weak legal and institutional frameworks to regulate the use and possession of such highly contested lands. This paper explores the principle of free, prior and informed consent (fpic); its relevance and significance to South African extractive sector; its possible bottlenecks and implementation challenges; and suggestions for practical interventions and policy advances to facilitate its incorporation into law and policy. Displacement is the limited context within which this exploration is undertaken. The paper argues that the fpic – as an envisaged future for the country’s extractive policy – is more desirable than a mere duty to consult as currently framed in the empowering legislation namely, the Minerals and Petroleum Resources Act (mprda).