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In this report from the National Centre for First Nations Governance, Morellato discusses the importance of the Government’s duty to consult Aboriginal people with respect to their traditional lands, resources, and governance. She argues that the decisions made by the Crown can either facilitate Indigenous governance and self-determination or can extend injustice, marginalization and poverty. Important cases in Canadian law are examined followed by recommendations for consultation and reconciliation.
Tremendous progress has been made by Indigenous peoples over the last 20 years, but Indigenous peoples must now focus on spurring the private sector to make similar rights recognitions. By advocating the adoption of Free, Prior and Informed Consent (FPIC), Indigenous peoples are changing business practices on a huge scale.
This article provides an overview of Indigenous peoples’ right to Free, Prior and Informed Consent (FPIC), including the meaning of each of these components. The legal basis for FPIC suggests that Indigenous peoples’ consent is required for any project that effects their lands or resources. The limits of FPIC are also discussed however, including the lack of clear definitions regarding consent and consultation, and the problems of non-enforcement by nation states.
Negotiating FPIC is a process, consisting of informing affected persons about planned activities and their impacts and verifying that the information provided has been understood, before explicit consent can be negotiated. If people refuse, their decision must be respected. FPIC focuses on harmonising relationships between groups of different power and means.
This manual aims to support National Human Rights Institutions (NHRIs) in the promotion and protection of the rights of Indigenous peoples, as outlined in UNDRIP. Chapter 3 of the report (p. 19), discusses the provisions relating to self-determination and Indigenous governance and their significance, including the use of Free, Prior, and Informed Consent as an extension of consultation processes.
This magazine-style document is for Indigenous youth, so that they can learn about the rights they have recognized in international law. This text provides a summary of some of the important language, themes, and articles of the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP), so that young people can continue to play an important role in ensuring that it is fully implemented.