In the context of indigenous rights and the development process,
the principle of free, prior and informed consent (FPIC) derives from
indigenous peoples’ right to self-determination and their right to
property through ownership or traditional use. It is established in a
number of international human rights conventions, international soft
law instruments and ethical standards, which outline the responsibilities
of both governments and industry. Most of these relate to indigenous
(or tribal) peoples, but some industry standards extend the application
of FPIC to all significantly affected local communities. There is a
strong business case for government and industry to obtain FPIC in
the context of extractive industry development. An FPIC process is an
effective way to build trust with local communities and significantly
reduce the risk of conflict. Much work still needs to be done to develop
a common understanding of how to interpret and implement FPIC. This
briefing explores the text of selected international instruments along
with different perspectives on interpreting these documents. It also
considers some of the key challenges associated with implementing
FPIC in practice