Wright eds. Fontana and J. Falleti and T. See also J. Doyle et al. For slightly different interpretative approaches see Barelli, supra note 3; Doyle, supra note 3. For a diversity of perspectives on undrip interpretation, see J. Hohmann and M. Weller eds. For a more detailed discussion of benefits sharing agreements in Canada, see M. Barsh and J.
Community-based consultation protocols are another example of norm appropriation, see Doyle et al. Leclair, M. Papillon and H. On the Indigenous rights movement and undrip , see S. Lightfoot, Global Indigenous Politics. A Subtle Revolution Routledge, London, Reference Works. Primary source collections. Open Access Content. Contact us. Sales contacts. Publishing contacts. Social Media Overview. Terms and Conditions. Privacy Statement. Login to my Brill account Create Brill Account.
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Stay Updated. Rights and Permissions. Email Newsletter Sign-up Page. Imprints and Trademarks. The UN Declaration on the Rights of Indigenous Peoples requires that the Free, Prior and Informed Consent of Indigenous Peoples be obtained in matters of fundamental importance for their rights, survival, dignity, and well-being.
FPIC is not merely informing and getting consent: it is about the effective and meaningful participation of Indigenous Peoples, including Indigenous women. We are now drafting a new constitution and lobbying for the meaningful participation of Indigenous Peoples, and it is the responsibility of the government to ensure their participation in the decision-making process.
Indigenous people have to benefit from it and be included in the whole process in accordance with what affects them positively rather than adversely. What is the year effect going to be? What benefits and values accrue to us as a group? There are parts of it that are considered customary international law. Because at the end of the day, [companies] tend to get their licenses from the states, and then get [empowered] by the state to either ignore Indigenous people or engage with them. If a state says you have to engage with Indigenous people, life becomes easier in a development situation.
But Indigenous people can [also] press some of these issues and possibly go to court to obtain the maximum consultation necessary, to ensure that their consent is not taken from them. Every day we hear about cases where corporations say they consulted Indigenous Peoples by holding a single meeting sometimes not in their own language and informing them of what is being planned.
In many cases it is clear that while documents were signed supposedly giving consent, the vast majority of the Indigenous community were uninformed about the consent process or did not want to give up the resources in question.
In short, this process is often egregiously manipulated. A true consultation with a goal of obtaining FPIC takes time. Indigenous people are the ultimate judges on whether the consultation process has been meaningful. Several communities around the world are working on establishing their own protocols on how to obtain their Free, Prior and Informed Consent.
The idea of asserting a protocol, a guideline a community establishes as to how outsiders should communicate with them about the proposed outside use of community resources, is an effort to ensure that there is a fair dialogue in agreements and negotiations. It is important to realize that in the process of asserting FPIC, one has to be aware of the political, economic, social, environmental, and even spiritual factors.
Consultation and participation are crucial components of a consent process. States must have consent as the objective of consultation before any of the following actions are taken:. Informed implies that information is provided that covers a range of aspects, including the nature, size, pace, reversibility and scope of any proposed project or activity; the purpose of the project as well as its duration; locality and areas affected; a preliminary assessment of the likely economic, social, cultural and environmental impact, including potential risks; personnel likely to be involved in the execution of the project; and procedures the project may entail.
The Office gives expert guidance on the practical application of the requirement of free, prior and informed consent of indigenous peoples to various key stakeholders ranging from parliamentarians to national human rights institutions. Our field offices work closely with indigenous peoples and the relevant authorities to ensure that the rights of indigenous peoples to participation and to be consulted in order to obtain their free, prior and informed consent regarding decisions that affect them is respected.
About Indigenous Peoples and human rights. Feature stories.
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