Challenges and lessons n Consensus-building and decision-making among Indigenous communities are activities bound by culture and tradition. Placing these within the legal framework will restrict the practice of customary laws and the dynamic and adaptable character of indigenous institutions and customary governance systems. As a result, the FPIC regulatory guidelines, rather than reconciling government interventions within the framework of an indigenous community’s space, raise the potential for conflict. n FPIC should be conducted alongside a community-based and communitycontrolled Environmental Impact Assessment (EIA) to ensure that all affected indigenous communities are not excluded or marginalized from the FPIC process. Currently, third parties define those affected or those outside the impact areas, and determine those who should be consulted or when the FPIC is mandatory. n Conditions that make poor communities as well as governments vulnerable to external manipulation should be addressed if we are to expect a genuine FPIC process. n Affected local and indigenous communities must have access to all relevant information to ensure informed consent. n Advocacy for adoption of the FPIC process in international as well as national laws is just part of the struggle. Real work starts with the formulation of the FPIC’s Implementing Rules and Regulations and monitoring its on-ground application. 116 n The FPIC process is not a replacement for strong local and indigenous communities who are still capable of saying no! n Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)