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| Free, Prior and Informed Consent | |
|---|---|
| Name | Free, Prior and Informed Consent |
| Abbreviation | FPIC |
| Scope | Indigenous peoples, human rights, natural resources, development |
| Related | United Nations Declaration on the Rights of Indigenous Peoples; International Labour Organization Convention 169; Convention on Biological Diversity |
Free, Prior and Informed Consent
Free, Prior and Informed Consent is a principle in international law and indigenous rights asserting that indigenous peoples must give consent before projects affecting their lands, territories, and resources proceed; it arises in contexts ranging from resource extraction to conservation and cultural heritage. It intersects with instruments and actors such as the United Nations Declaration on the Rights of Indigenous Peoples, the International Labour Organization Convention 169, the Convention on Biological Diversity, and institutions like the Inter-American Court of Human Rights and African Commission on Human and Peoples' Rights.
The concept requires that consent be given freely without coercion, prior to authorization, and based on full information about impacts and alternatives, linking doctrinal sources such as the UN General Assembly resolutions, the International Covenant on Civil and Political Rights, and jurisprudence from the European Court of Human Rights and the Inter-American Court of Human Rights. Core elements align with standards advanced by advocates and organizations including Survival International, Amnesty International, Minority Rights Group International, and scholarly bodies like Harvard Law School and the University of Oxford human rights centres. The principle addresses collective rights recognized in instruments endorsed by entities such as the World Bank, the Asian Development Bank, and the Inter-American Development Bank.
Origins trace to colonial-era treaties such as the Treaty of Waitangi and later twentieth-century instruments like ILO Convention 107 and ILO Convention 169, evolving through postwar frameworks including the Universal Declaration of Human Rights and culminating in the United Nations Declaration on the Rights of Indigenous Peoples adopted by the UN General Assembly in 2007. Landmark moments include cases before the Inter-American Court of Human Rights (e.g., decisions involving Awas Tingni Community), policy shifts at multilateral development banks after controversies involving projects in countries such as Peru, Philippines, and Papua New Guinea, and activism linked to campaigns by leaders like Rigoberta Menchú, Vandana Shiva, and organizations such as Greenpeace.
FPIC is interpreted within norms of the International Labour Organization, the United Nations Human Rights Council, the Permanent Forum on Indigenous Issues, and treaty bodies like the Committee on the Elimination of Racial Discrimination; cases and opinions from the Inter-American Court of Human Rights, the European Court of Human Rights, and the African Commission on Human and Peoples' Rights inform obligations on states such as Canada, Australia, Norway, and New Zealand. Multilateral agreements including the Convention on Biological Diversity and instruments arising from the World Trade Organization and United Nations Framework Convention on Climate Change feature debates on consent in contexts from carbon trading mechanisms to protected areas established by agencies like United Nations Environment Programme and International Union for Conservation of Nature.
Domestic incorporation varies: statutes, regulatory frameworks, and judicial decisions in jurisdictions such as Canada (including cases before the Supreme Court of Canada), Australia (including developments after Mabo v Queensland), Norway (with Sami rights reflected in laws), and Bolivia illustrate different models for consultation and consent. Development finance institutions such as the World Bank and European Bank for Reconstruction and Development have operational policies invoking consent-related standards, while national agencies—ministries of environment, ministries of energy—implement permitting regimes influenced by rulings from courts like the Constitutional Court of Colombia and the Supreme Court of India.
FPIC is central to disputes over mining, oil and gas, hydropower, forestry, and conservation in sites from the Amazon Rainforest and Congo Basin to the Arctic and Southeast Asian rainforests. Companies such as Rio Tinto, Barrick Gold, Shell, and Vale have faced FPIC-related controversies, while campaigns involving communities like the Shipibo-Conibo, Mapuche, Sámi, and Guna link transnational advocacy networks including Forest Peoples Programme, International Work Group for Indigenous Affairs, and funders like the Ford Foundation. Conservation initiatives by World Wildlife Fund and projects supported by the Global Environment Facility also invoke consent processes when affecting indigenous territories.
Debates address whether FPIC constitutes a veto right or a standard for good-faith negotiation, with contrasting positions articulated by states such as Canada and Australia, corporations represented by industry groups like the International Council on Mining and Metals, and scholars at institutions like Yale Law School and London School of Economics. Practical challenges include definitional ambiguity, power asymmetries highlighted in litigation before courts such as the Inter-American Court of Human Rights, procedural shortcomings identified by Human Rights Watch and the UN Special Rapporteur on the rights of indigenous peoples, and conflicts between FPIC and national development goals pursued by administrations in countries like Indonesia and Kenya.
Notable cases and precedents include the Awas Tingni v. Nicaragua decision of the Inter-American Court of Human Rights, the Delgamuukw v. British Columbia and Tsilhqot'in Nation v. British Columbia rulings of the Supreme Court of Canada, the Mabo v Queensland decision of the High Court of Australia, and national-level disputes involving projects such as the Coca Codo Sinclair Hydro Project in Ecuador, the Ok Tedi Mine in Papua New Guinea, and oil developments affecting the Ogoni people in Nigeria adjudicated in forums including the Economic Community of West African States and domestic courts. International arbitration panels, United Nations mechanisms, and tribunals such as the International Tribunal for the Law of the Sea have also influenced practice through advisory opinions and decisions affecting coastal and marine indigenous rights.
Category:Indigenous rights