"Free, Prior, and Informed Consent" and Local Votes

The requirement that indigenous peoples provide their "free, prior and informed consent" (FPIC) to development on their lands is an internationally recognized human right that was most recently emphasized in the 2007 United Nations Declaration on the Rights of Indigenous Peoples.

FPIC is a consultative process where potentially affected communities engage in an open and informed dialogue with outsiders interested in developing resources in areas occupied or traditionally used by the communities. FPIC is fundamental to the rights of participation, consultation, self-determination and to indigenous property rights.

Some believe that local votes offer a solution to the problem of determining whether communities consent to development projects that will impact them. A full debate between the supporters and opponents of a specific project, followed by a free and fair election, may offer an accurate measure of community opinion on a proposed project, and could fulfill the central goal of an FPIC process.

The development of the right to FPIC

The FPIC principle was first established in international law in the International Labor Organization's (ILO) Convention 169, adopted in 1989. The ILO is a highly respected international body that requires its member states, including many countries in Latin America, to meet strict human rights standards. The right to FPIC has been increasingly supported by both international and regional bodies over the last fifteen years.

United Nations bodies have repeatedly supported the FPIC principle and have recognized its necessity in the context of resource development projects. For example, the U.N. Committee on Economic, Social and Cultural Rights observed "with regret that the traditional lands of indigenous peoples have been reduced or occupied, without their consent, by timber, mining, and oil companies, at the expense of the exercise of their culture and the equilibrium of the ecosystem." The Committee recommended that governments "ensure the participation of indigenous peoples in decisions affecting their lives...and seek the consent of the indigenous peoples concerned..."

The Norms on Transnational Corporations developed by the U.N. Sub-Commission on the Promotion and Protection of Human Rights emphasize FPIC as well:

"Transnational corporations and other business enterprises shall respect the rights of local communities affected by their activities and the rights of indigenous peoples and communities consistent with international human rights standards...They shall also respect the principle of free, prior and informed consent of the indigenous peoples and communities to be affected by their development projects."

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Free, prior, and informed consent is essential for the human rights of indigenous peoples in relation to major development projects.

- 2003 Report of the U.N. Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People.