
Free Prior and Informed Consent: An indigenous peoples’ right and a good practice for local communities
This manual explores the unique characteristics of indigenous food systems. It highlights their sustainability and resilience, particularly in the context of climate change, and underscores the importance of preserving and learning from these traditional practices.
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OVERVIEW
Introduction
The Free Prior and Informed Consent (FPIC) Manual was created to guide development organisations in respecting Indigenous Peoples’ rights during project implementation. FPIC is rooted in international human rights frameworks, such as the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and International Labour Organization Convention 169. FPIC ensures Indigenous Peoples’ right to self-determination and involves a six-step process to ensure informed, transparent, and inclusive consent.
Section 1: Fundamentals
Who are Indigenous Peoples?
Indigenous Peoples are characterised by self-identification, distinct cultural practices, ancestral ties to specific territories, and histories of marginalisation. Their identification as such does not depend on state recognition.
What is FPIC?
FPIC grants Indigenous Peoples the right to accept or reject projects affecting their lands. Consent must be:
- Free: Given without coercion or bias.
- Prior: Sought before initiating any activities.
- Informed: Based on accurate, accessible information.
Key elements of FPIC
FPIC processes must respect Indigenous Peoples’ decision-making structures and cultural norms, allowing time for internal deliberation and community engagement. Outcomes may include agreement, conditional agreement, or rejection.
When is FPIC required?
FPIC is mandatory for projects that may affect Indigenous Peoples’ lands, territories, and natural resources. Examples include resource extraction, infrastructure development, and projects that alter water systems or biodiversity. Specific cases demonstrate how projects like aquaculture or monoculture farming can directly impact Indigenous Peoples’ food security, cultural practices, and environmental stability.
Benefits of FPIC
Adopting FPIC enhances trust, reduces project-related conflicts, ensures sustainable development, and protects cultural heritage. It benefits Indigenous Peoples by empowering them to control their lands and resources while improving project outcomes for all stakeholders.
Section 2: Implementing Free, Prior and Informed Consent (FPIC)
Steps for implementation
- Identify stakeholders: Determine affected Indigenous groups and their representatives through participatory methods and community engagement.
- Participatory mapping: Document land use, resources, and cultural practices to understand territorial dynamics and ensure equitable project planning.
- Develop communication plans: Share project information transparently in culturally appropriate ways, ensuring inclusivity. Formats may include oral presentations, videos, and written materials in local languages.
- Reach and document consent: Agreements must reflect the community’s terms and include feedback and grievance mechanisms. Consent is ongoing and can be renegotiated if project terms or impacts change.
- Monitor agreements: Regular participatory evaluations ensure adherence to terms, with independent monitors and community representatives ensuring transparency.
- Document lessons learned: Analyse outcomes to refine future FPIC processes. Documentation also reinforces trust and sets a precedent for future collaboration.
Resources required
FPIC processes demand human and financial resources, including funds for participatory mapping, communication materials, and capacity-building. Time allocation is crucial, particularly for internal community discussions and decision-making processes.
Feedback and complaints mechanisms
Establishing robust mechanisms ensures Indigenous Peoples can voice concerns or grievances throughout the project lifecycle. These mechanisms should be accessible, culturally appropriate, and provide timely responses.
Section 3: Reflecting FPIC in your organisation
Regulatory framework
FPIC is recognised under international laws like UNDRIP and the Convention on Biological Diversity. National legal frameworks vary, and organisations must tailor their approaches to comply with local laws.
Human rights-based approach
FPIC embodies principles of equity, self-determination, and participatory development. This approach prioritises Indigenous Peoples’ active participation, ensuring their needs and aspirations shape project outcomes.
Ensuring consistency
Organisations should integrate FPIC into policies, project cycles, and grievance mechanisms. Clear guidelines, regular training, and sufficient resources ensure FPIC processes align with legal and ethical standards.
Case studies
Real-world examples highlight FPIC’s benefits:
- In India, participatory mapping enabled Indigenous communities to protect sacred lands.
- In the Philippines, FPIC supported biodiversity conservation by integrating Indigenous knowledge into project designs, empowering local researchers and leaders.