The human right to self-determination is enacted in various international treaties and conventions. In order to facilitate self-determination, it is necessary to provide Indigenous peoples with opportunities to participate in decision-making and projectdevelopment. The obligation for governments and companies to engage impacted communities is recognized ininternational law, especially with the principle of ‘Free, Prior and Informed Consent’, which is outlined in the UnitedNations Declaration on the Rights of Indigenous Peoples and in the International Labour Organization Convention 169. Theencounter between human rights, Indigenous peoples and mining and other extractive industries is discussed, especially as itis has played out in Brazil. We recommend that companies should fully endorse and respect these internationally recognizedhuman rights, including self-determination, even where not required by national or local legislation. We also discuss therelationship between Free, Prior and Informed Consent and Impacts and Benefits Agreements.

Human rights, Indigenous peoples and the concept of Free, Prior and Informed Consent

Resource Key: BMJ3M5J8

Document Type: Journal Article

Creator:

Author:

  • Philippe Hanna
  • Frank Vanclay

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Date: 2013

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The human right to self-determination is enacted in various international treaties and conventions. In order to facilitate self-determination, it is necessary to provide Indigenous peoples with opportunities to participate in decision-making and projectdevelopment. The obligation for governments and companies to engage impacted communities is recognized ininternational law, especially with the principle of ‘Free, Prior and Informed Consent’, which is outlined in the UnitedNations Declaration on the Rights of Indigenous Peoples and in the International Labour Organization Convention 169. Theencounter between human rights, Indigenous peoples and mining and other extractive industries is discussed, especially as itis has played out in Brazil. We recommend that companies should fully endorse and respect these internationally recognizedhuman rights, including self-determination, even where not required by national or local legislation. We also discuss therelationship between Free, Prior and Informed Consent and Impacts and Benefits Agreements.

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