“Free Prior Informed Consent” as a Right of Indigenous Peoples
| DOI | 10.1177/2277401720140103 |
| Author | Rashwet Shrinkhal |
| Date | 01 August 2014 |
| Published date | 01 August 2014 |
| Subject Matter | Article |
''FREE PRIOR INFORMED CONSENT'' AS A
RIGHT OF INDIGENOUS PEOPLES
Rashwet Shrinkhal*
This article delves into the principle of free prior informed consent
(FPIC) and its position in international law. FPIC of indigenous
peoples in decision making is a fairly contested notion though it
has seen acceptance in international instruments. It argues that
FPIC flows directly from the right to self-determination of
indigenous peoples and also seeks to emphasise that FPIC should
be understood in light of the capabilities of the community in order
to render it meaningful.
I. INTRODUCTION........................................................................................... 54
II. FREE PRIOR INFORMED CONSENT AND THE RIGHT TO
SELF-DETERMINATION............................................................................... 55
III. UNDERSTANDING THE CONCEPT OF FPIC................................................. 57
IV. FPIC AND THE RIGHT TO VETO.................................................................. 59
V. FPIC: IS JUSTICE DONE? ........................................................................... 63
VI. CONCLUSION............................................................................................... 65
I. INTRODUCTION
Indigenous peoples have, through continuous struggle, been successful
to carve out space, as subjects, in international law. As a result, any decision
affecting indigenous peoples needs to be endorsed by them. This is an
important development especially in the situation of licensing development
project at site inhibited by indigenous peoples. The whole process of
seeking consent of indigenous peoples is referred to as free prior informed
consent (hereinafter FPIC). FPIC is seen as a tool for indigenous autonomy
but highly contested by states and extractive industries both in terms of
meaning and its scope.
*Assistant Professor, Centre for Tribal and Customary Law, Central University of
Jharkhand.
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