Community Legal Resources Centre

The right to Free, Prior and Informed Consent is an international recognized legal norm aimed at prIMG_0685otecting the rights of indigenous peoples. But numerous challenges are experienced in understanding and ensuring an FPIC process. In this case study developed as part of Conservation International Indigenous Advisory Group , I argue that for FPIC to be successful, there must be unity of mind as to what is being agreed. This necessitates a thorough consultation process with all stakeholders in a manner that ensures the open sharing of all information. Adequate time, resources and human expertise are critical. The different roles and responsibilities of each participating group should be clearly understood by all from the onset. The decision-making structures of many indigenous communities are breaking down because of westernization, foreign religion, intermarriages and migration, among other factors. It is therefore important that clear structures be established and supported where traditional structures are nonexistent, collapsing…

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