22 Ariz. J. Int'l & Comp. L. 19 (2005)
Indigenous Peoples' Right to Free, Prior, Informed Consent: Reflections on Concepts and Practice

handle is hein.journals/ajicl22 and id is 35 raw text is: INDIGENOUS PEOPLES' RIGHT TO FREE, PRIOR, INFORMED
CONSENT:
REFLECTIONS ON CONCEPTS AND PRACTICE
Joji Carifio'
Talk delivered to AALS Annual Conference
I. INTRODUCTION
Our topic is one that is debated intensely in many indigenous and
grassroots communities around the world, in countries that include the
Philippines, Canada, Papua New Guinea, Peru, India, and Australia, in the board
rooms of the biggest oil and mining corporations, the World Bank and the
International Finance Corporation, and in many bodies of the United Nations. In
January 2005, under the auspices of the UN Permanent Forum on Indigenous
Issues, an inter-agency workshop of UN bodies met in New York to examine their
current policies and practices related to free, prior, informed consent (FPIC).
Meanwhile, the UN Working Group on Indigenous Populations, under its
standard-setting mandate on the rights of indigenous peoples, is drafting a legal
commentary and guidelines for its implementation. FPIC is on the agenda of
several international organizations: the Convention on Biological Diversity, the
World Intellectual Property Organization (WIPO), and the World Trade
Organization (WTO) in relation to access and benefits-sharing of biological
resources and associated traditional knowledge, the World Conservation Union in
relation to the establishment of parks and protected areas, and other multilateral
banks and development and financing agencies with respect to their resettlement
policies and other projects affecting indigenous peoples.
1. Ms. Joji Carifio is an Ibaloi-Igorot from the Cordillera region of the Philippines.
She has been an active campaigner and advocate, over the past 25 years on indigenous
peoples' human rights, at community, national and international levels. She was Executive
Secretary of the International Alliance of Indigenous and Tribal Peoples of the Tropical
Forests, and is currently Policy Advisor and European Desk Coordinator of Tebtebba
Foundation (Indigenous Peoples International Centre for Policy, Research and Education).
She served as Commissioner on the World Commission on Dams, which conducted a
global review of the development effectiveness of dams. WORLD COMMISSION ON DAMS,
DAMS AND DEVELOPMENT: A NEW FRAMEWORK FOR DECISION MAKING (2001) available at
http://www.dams.org/report/contents.htm (hereinafter DAMS AND DEVELOPMENT). The
editors wish to express thanks to University of Virginia law student Heather Axford ('07)
and the following students at New York University School of Law for their assistance:
Ellen C. Vanscoyoc ('06), Elizabeth Kim ('06), Kenneth S. Blazejewski ('06), and Vilas
Dhar ('07).

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