Free, Prior and Informed Consent and Indigenous Peoples

Free, prior, and informed consent (FPIC) constitutes an essential prerequisite for guaranteeing effective enjoyment by Indigenous peoples and their members of their internationally recognized human rights. It is a multifaceted, complex, concept that is, simultaneously a procedural condition for the realization of Indigenous peoples’ rights, a legal principle—as it informs the conduct of state authorities vis-à-vis Indigenous peoples—and an autonomous substantive right of collective character. In fact, even though FPIC is embedded in the right to self-determination, and is strictly interconnected with other Indigenous peoples’ rights, its status of ‘right’ is beyond any doubt. While it cannot be held that FPIC entitles Indigenous peoples to exercise a right to veto with respect to every kind of measures or activities potentially affecting their interests, it may be convincingly asserted that such a right to veto actually exists when it comes to activities that are likely to seriously impact their fundamental rights, cultural integrity and/or physical existence.