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

What is it about?

This article explores the conflicting standards of engagement i.e. consultation and consent the content of mining developments in indigenous communities in South Africa. The article argues that South Africa must adopt the principle of free, prior and informed consent (FPIC) as provided in international law. The article goes further to highlight some of the practical issues that may confront the integration of the FPIC principle into South African legal framework. Lastly, the article provides some useful leads on how these challenges may be addressed. The contribution of the article is significant in South Africa as the country is currently engaged in a process of developing policy on the displacements of mine communities to make way for mining developments.

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