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The firm's approach

Intercultural Bridges

From confrontation to reconciliation. The third way between assimilation and isolation — the doctrine that orders all of our work, and the 4 CON method we apply it with.

The doctrine

Neither assimilation nor isolation. A third way: Indigenous peoples building institutions of their own and, from there, forging alliances with companies and the State on their own terms.

Intercultural Bridges is the bridge between two worlds that for centuries understood each other as adversaries. Every service of the firm — from rights litigation to advising multinationals — is an application of that same doctrine: moving from confrontation to reconciliation without giving up self-determination.

The evidence

Close to half of the minerals needed for the energy transition sit on or near Indigenous lands. Who governs them defines who benefits.

≈ half

Owen, Kemp et al. · Nature Sustainability · 2023 · DOI 10.1038/s41893-022-00994-6

The thesis

Classic extractivism decides for the peoples: control over the resources lives outside the territory. We accompany the opposite model — peoples who establish and manage their own enterprises to develop their resources. It is not merely a fairer deal; it is a different form of ownership and of governing what is one's own.

Resource extraction controlled by Indigenous peoples themselves is, by its very nature, more conducive to the exercise of their rights to self-determination, to their lands and resources, and to culturally appropriate development.

— James Anaya Former UN Special Rapporteur on the rights of Indigenous peoples · paraphrasing report A/HRC/24/41 (2013), para. 8

That model needs legal architecture: companies, consents, contracts and governance built to withstand time. Building those bridges — between communities, companies and the State — is precisely the work of Coñuepan & Millaquir: providing legal counsel to those who choose to develop their resources on their own terms.

The method · the 4 CON

CONocer · CONciliar · CONfiar · CONsentir

Four movements — to know, to reconcile, to trust, to consent — done with the peoples, not upon them. In Spanish, all four begin with CON: "with". From confrontation to reconciliation; from consent, a shared future.

I

CONocer · know

Know the pain: the territory, the peoples and the risks, before acting.

Indigenous Due DiligenceMapping of the peoples, risk assessment and an entry report, before investing.
Corporate Indigenous policyDesign of the company's policy on Indigenous peoples and training of its teams.
Intercultural Bridges talksReciprocal training that levels understanding among company, State and peoples.
II

CONciliar · reconcile

Repair the harm identified, before asking for trust. Repair — never buy — consent.

Indigenous MediationRestorative justice: conflict diagnosis, reparation plan and mediation process.
Indigenous Affairs and LandsDefense of rights and land regularization before CONADI and the State, when the formal venue is needed.
Grievance mechanism and agreement verificationA permanent, culturally pertinent channel to sustain what was agreed over time.
III

CONfiar · trust

Co-design the legitimate relationship that sustains long-term trust.

Indigenous EngagementEach people's own protocols and the co-design of a long-term relationship.
Shared governanceRelations committees among company, peoples and the State to sustain the agreement.
IV

CONsentir · consent

The consent through which company and peoples build a shared future: the highest standard of engagement.

Free, Prior and Informed Consent (FPIC)The free, prior and informed agreement, executed and documented — the highest standard of Indigenous engagement.
Benefit-sharing agreements and trustsLong-term benefit-sharing that leaves value where it is created, in the spirit of Canada's IBAs.

A project on Indigenous land? Let's talk.

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