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.
Resources:
Panel on Protecting Indigenous Knowledge and Cultural Expressions
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Indigenous Peoples and Climate Change: Preparing for COP26
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United Nations Expert Mechanism on Rights of Indigenous Peoples Report: Free, prior and informed consent: a human-rights based approach
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Guidelines on Free, Prior and Informed Consent (UN-REDD)
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Manual for Project Managers: Free Prior and Informed Consent (Food and Agricultural Organization, UN)
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Implementing the UN Declaration on the Rights of Indigenous Peoples. Handbook for Parliamentarians N° 23
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British Columbia becomes 1st Canadian province to pass UN Indigenous rights declaration
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Washington State Attorney General Ferguson Releases Tribal Consent Policy
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