In August 2018, the Expert Mechanism on the Rights of Indigenous Peoples (“EMRIP”) presented a study on free, prior and informed consent through the context of human rights to the United Nations General Assembly. This study was conducted pursuant to the EMRIP mandate in resolution 33/25. The published report is available at the preceding link, or via direct download at the end of this post.
The report aims to supplement the general understanding of free, prior and informed consent in the context of interpreting and utilizing the human rights norms laid out within the Declaration on the Rights of Indigenous Peoples. While not intended to be an exhaustive report, nor a definitive one, it is designed to bolster the body of interpretive guidance available to states. Per the information EMRIP provided to the UN General Assembly , the report utilized the following:
“The Expert Mechanism requested contributions from States, indigenous peoples, NHRIs and other stakeholders to the study. The views presented in these documents are those of the submitting organizations, and may not reflect the views of the Expert Mechanism on the Rights of Indigenous Peoples or the Office of the High Commissioner for Human Rights.”
Free, prior and informed consent: a human-rights based approach