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Strengthening Indigenous land rights: 3 challenges to “free, prior and informed consent”


Indigenous representatives from around the world are convening in New York this week for the 15th session of the UN Permanent Forum on Indigenous Issues. The Forum is the UN’s central coordinating and advisory body on indigenous issues, and the annual sessions provide the opportunity to take stock of issues affecting Indigenous Peoples around the world. One such issue is large-scale development projects’ ongoing threats to indigenous control of lands and resources. Before the bulldozers arrive in their communities, Indigenous men and women must be informed and given the opportunity to decide whether or not to allow such a project to happen. Under international human rights law, this right to “free, prior and informed consent” (FPIC) applies to all development projects that directly affect indigenous communities’ access to their lands and resources. Looking back on the history and development of FPIC, one can see clear signs of progress, but also significant challenges to ensuring this right is realized. Here are three key obstacles to overcome:




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