About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

16 Int'l J. Hum. Rts. 1 (2012)

handle is hein.journals/ininllh16 and id is 1 raw text is: The International Journal of Human Rights gj Routledge Vol. 16, No. 1, January 2012, 1-24 Free, prior and informed consent in the aftermath of the UN Declaration on the Rights of Indigenous Peoples: developments and challenges ahead Mauro Barelli* The City Law School, City University, London The indigenous rights regime fully recognises 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. Keywords: free prior, and informed consent (FPIC); indigenous peoples' rights; UN Declaration on the Rights of Indigenous Peoples; Inter-American Court of Human Rights; land rights Introduction Indigenous peoples 1 have a distinctive and profound relationship with their lands, territories and resources.2 This relationship, which is at the core of indigenous societies,3 has social, cultural, spiritual, economic and political dimensions.4 Furthermore, for indigenous peoples the land 'is not a commodity which can be acquired',5 but, rather, something that should be enjoyed freely and collectively. It is clear, therefore, that indigenous peoples have a unique understanding of how 'human beings should live on the earth',6 and that respect for their lands, territories and resources becomes key for their continued survival and vitality.7 Understandably, this alternative approach to existence is at odds with the modern global market which fully endorses the concept of 'never-ending exponential growth'.8 Exploiting natural resources and expanding the relevant supportive infrastructures are crucial to achieving permanent growth. Since many of these natural resources are found on lands tra- ditionally owned and controlled by indigenous peoples, an inevitable conflict between com- peting claims and interests erupts.9 Given the disparity of power of the parties to the dispute, economic and industrial development has traditionally taken place without recognition of and respect for indigenous peoples' cultural attachment to their lands.10 As a consequence, *Email: Mauro.Barelli.l@city.ac.uk ISSN 1364-2987 print/ISSN 1744-053X online © 2012 Taylor & Francis http://dx.doi.org/10.1080/13642987.2011.597746 http://www.tandfonline.com

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most