Free, Prior and Informed Consent in the Aftermath of the UN Declaration on the Rights of Indigenous Peoples: Developments and Challenges Ahead

The International Journal of Human Rights, Vol. 16, No. 1, pp. 1-24, 2012

32 Pages Posted: 26 Jan 2012 Last revised: 25 Nov 2012

See all articles by Mauro Barelli

Mauro Barelli

City Law School, City University London

Date Written: January 25, 2012

Abstract

The indigenous rights regime fully recognizes the special relationship that indigenous peoples have with their ancestral lands. While it is clear that, before implementing development projects on these lands, states must consult the indigenous peoples concerned, doubts remain as to whether they also have the legal obligation to obtain their consent before taking any such action. Determining the actual meaning of the principle of free, prior and informed consent (FPIC) is crucial to answer this question. This article will argue that a flexible approach to FPIC is gaining increasing recognition internationally. This understanding of FPIC has its normative foundations in the UN Declaration on the Rights of Indigenous Peoples and has been further elaborated by the Inter-American Court of Human Rights.

This is a pre-print version of the article published in the International Journal of Human Rights (details above). Please cite to the final published version.

Keywords: free prior and informed consent, FPIC, indigenous peoples’ rights, UN Declaration on the Rights of Indigenous Peoples, UNDRIP, land rights

Suggested Citation

Barelli, Mauro, Free, Prior and Informed Consent in the Aftermath of the UN Declaration on the Rights of Indigenous Peoples: Developments and Challenges Ahead (January 25, 2012). The International Journal of Human Rights, Vol. 16, No. 1, pp. 1-24, 2012, Available at SSRN: https://ssrn.com/abstract=1991731

Mauro Barelli (Contact Author)

City Law School, City University London ( email )

London, EC1V OHB
United Kingdom

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