Free, prior and informed consent

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150 $a Free, prior and informed consent

450 $a FPIC (International law)

510 $w g $a United Nations. $b General Assembly. $t Declaration on the Rights of Indigenous Peoples

550 $a Indigenous peoples $x Land tenure

550 $a Indigenous peoples $x Legal status, laws, etc.

550 $a Natural resources $x Law and legislation

670 $a Doyle, Cathal M. Indigenous peoples, title to territory, rights and resources (2015) : $b p. 4 (a right of indigenous peoples to give or withhold free prior and informed consent (FPIC) to activities in or near their territories)

670 $a United Nations Declaration on the Rights of Indigenous Peoples (2008) : $b p. 8 (States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.) $u https://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf

670 $a Food and Agriculture Organization of the United Nations, viewed May 22, 2020 $b (Free, Prior and Informed Consent (FPIC) is a specific right that pertains to indigenous peoples and is recognised in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). It allows them to give or withhold consent to a project that may affect them or their territories.) $u http://www.fao.org/indigenous-peoples/our-pillars/fpic/en/

670 $a Understanding FPIC, 2016 $b p. 1 (No aspect of the declaration has received more attention than the concept of “free, prior, and informed
consent” (FPIC) and its implications for resource development.)

Questions/Comments

This term is used primarily (but not exclusively) in the context of resource development. Is that sufficient justification for the RTs for land tenure and natural resources?

The UN declaration uses the exact phrase 5 times, but the article dealing most directly with resource development phrases it as “to obtain their free and informed consent prior to the approval”. Should I include a 670 for that article (either to demonstrate alternative usage or to show the context of the principle of FPIC)?

Is it appropriate to make UNDRIP a broader term or should it be a related term? FPIC is pretty central to UNDRIP but it’s frequently discussed outside of that context as well.

 

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