Free, Prior, and Informed Consent (FPIC) is a principle protected by international human rights standards that state, ‘all peoples have the right to self-determination’ and – linked to the right to self-determination – ‘all peoples have the right to freely pursue their economic, social and cultural development’. FPIC allows indigenous peoples to give or withhold consent to a project that may affect them or their territories.

While the U.S. recognizes “the significance of the Declaration’s provisions on free, prior and informed consent[,]” it qualifies those provisions as a “call for a process of meaningful consultation with tribal leaders.” The federal government’s emphasis on consultation rather than consent is an ongoing challenge for tribes seeking to ensure they have the necessary decision-making authority over projects that affect their lands, territories, and resources.

Related Links:

Washington Attorney General seal

Washington State Attorney General Ferguson Releases Tribal Consent Policy

Attorney General Bob Ferguson today announced a new policy that requires the Attorney General’s Office to obtain free, prior and ...
Read More