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Twa-le Swan

Working Effectively With Tribes June 2014. Twa-le Swan. Spokane Tribe. Working Effectively With Tribes. UNDRIP and Free Prior & Informed Consent Feedback from participants at the 2014 National Tribal Forum on Air Quality Barriers to Community Outreach Tools for Community Outreach

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Twa-le Swan

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  1. Working Effectively With Tribes June 2014 Twa-le Swan Spokane Tribe

  2. Working Effectively With Tribes • UNDRIP and Free Prior & Informed Consent • Feedback from participants at the 2014 National Tribal Forum on Air Quality • Barriers to Community Outreach • Tools for Community Outreach • Tips for Reaching Tribal Communities • Very productive discussion

  3. UN Declaration on the Rights of Indigenous Peoples Free Prior and informed consent (fpic)

  4. Free, Prior & Informed Consent • “Indigenous Peoples have fought for the recognition by their national governments, the international community and by companies of their right to give or withhold consent for project development. The right relates directly to the right for Indigenous Peoples to control their own future and the future of their people. It has been stated as the right to give or withhold their free, prior and informed consent to actions that affect their lands, territories and natural resources.” • Oxfam Guide to Free, Prior and Informed Consent

  5. FPIC is a specific right for Indigenous Peoples as recognized in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) • It is a collective right, the community as a whole has the right to give or deny Free Prior and Informed Consent • In 2007 the United Nations passed the Declaration on the Rights of Indigenous Peoples (UNDRIP). It covers 46 issues important to Native people, including: • Self-determination, or the right of a people to decide their political status and government • Culture and language • Education and health • Housing, land, resources and environment • Indigenous law

  6. FPIC Definitions • Free from force, intimidation, manipulation, coercion or pressure by any government or company. • Prior to government allocating land for particular land uses and prior to approval of specific projects. Enough time must be given to consider all of the information and make a decision.

  7. FPIC Definitions • Informed, all of the relevant information to make a decision about a project must be given • Language must be easy to understand • Access to independent information, not just information from the project developers or the government. • Access to experts on law and technical issues, if requested, to make decisions

  8. FPIC Definitions • Consent requires that the people involved in the project allow indigenous communities to say Yes or No to the project and at each stage of the project, according to the decision-making process of your choice. The right to give or withhold consent is the most important difference between the rights of Indigenous Peoples and other project-affected peoples.

  9. Free, Prior & Informed Consent • Talking does NOT mean agreement. It is included in the right to obtain information. • Resources: • United Nations Declaration on the Rights of Indigenous Peoples (http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf) • Oxfam’s Guide to Free, Prior and Informed Consent (http://www.culturalsurvival.org/sites/default/files/guidetofreepriorinformedconsent_0.pdf)

  10. National Tribal Air Forum 2014 – Swinomish Reservation Tribal Feedback

  11. Region 8 Tribal QAPP –Tom Brooks (brooks.tom@epa.gov) Case study

  12. Problem Statement: It is taking Tribes in Region 8 up to 3 years to get an approved Tribal Air Program Quality Assurance Project Plan (QAPP) Plan & Identify Key Participants. EPA QA Team Lead, Air Program, Tribal Assistance Program, Facilitator, Tribal Air Program Managers, etc. QI Session Planning to focus on the EPA Internal Process with Tribal input Outcomes: EPA Goal to reduce the review to 60 days. Increased communication and involvement in the entire process. Added conference calls reduce the review and comment cycle. Assigned QA staff for each grant or QAPP = Better relationships with Tribal counterparts. Researching tools for better document storage and revision sharing/tracking. Follow Up – Future meetings and status updates

  13. Region 8 Quality Improvement Session Planning

  14. New QAPP Development Timeline

  15. Questions: Twa-le Swan Q 509-626-4403 Q twalea@spokanetribe.com THANK YOU! Lemlempts

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