Free Prior and Informed Consent of The Indigenous Peoples: Law and Implementation
FREE PRIOR AND INFORMED CONSENT OF THE INDIGENOUS PEOPLES: LAW AND IMPLEMENTATION
ISBN 978-629-486-365-1
MYR35.00
Book Details
Author/Editor: Rohaida Nordin, Muhamad Sayuti Hassan & Izawati Wook
Pages: 185
Year of Publication: 2024
Description:
Free Prior and Informed Consent (FPIC) is an established principle recognized under international law. The focus is essential to govern the relationship between States and indigenous people. According to international standards, projects such as extractive activities must consult with affected indigenous people and obtain their consent before proceeding within their land or territories, as well as other projects that could affect their traditionally used resources. The UNDRIP explicitly requires “free, prior and informed consent”. In contrast, the International Labour Organization (ILO) Convention requires consultation in good faith to obtain consent, which is necessary if a project involves relocating people. However, despite the provisions of FPIC either in the statutory form or at the policy level, experience in many States revealed the need for more political will among the relevant authorities to enforce the legislation and implement the policy. National policies and international voluntary guidelines, such as those about the FPIC, rarely get translated into practice meaningfully in indigenous territories. Therefore, policies affecting the interests and rights of the indigenous peoples should be developed with the active participation of indigenous peoples and local communities.
BISAC Subject Code(s): LAW110000
Category: Law
