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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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