‘Do-it-Yourself FPIC’: The Political Grammar of Canada’s Normative Entrepreneurship in the Global Extractive Sector

Abstract

It seems futile to look for order in the tangle of norms that abound in the global extractive sector, even more so to look for the teleological principle that would give it meaning. In this tangle, normative regimes interact with each other—in a largely contingent manner—as elements of an ecosystem. We argue that inasmuch as order emerges in the global extractive normative ecosystem, it is a function of the success of norm entrepreneurs such as Export and Development Canada (EDC), Canada’s export credit agency, a financial institution adhering to the Equator Principles. Norms entrepreneurs like EDC perform various normative bricolages claiming to deliver different goods such as free, prior and informed consent (FPIC). We analyse how EDC tinkers with different normative instruments, including the International Finance Corporation’s Standard 7 regarding Indigenous Peoples, to deliver ‘FPIC compliance’ in jurisdictions that are deemed ‘deficient’. We argue that the political ontologies promoted by EDC’s notion of FPIC are better understood within the logic of leverage that underlies EDC’s Environmental and Social Risk Management Policy. These ontologies directly contradict notions of FPIC as expressions of Indigenous self-determination. In our view, offering such normative solutions as a palliative for ‘weak’ jurisdictions—a kind of ‘do-it-yourself (DIY) FPIC regime’ implemented by extractive companies—is thus deeply problematic. We conclude that the appraisal of such normative solutions as put forward by these norm entrepreneurs should look beyond the vocabulary these bricolages mobilise to also consider the political grammar that they induce in territories subject to extraction.