Development projects and indigenous peoples’ land

This chapter examines the legal significance and implications of the flexible approach to free, prior and informed consent (FPIC) that has recently gained increasing recognition at the international level. It clarifies the meaning of the first three components of FPIC, namely &s;free&s;, &s;prior&s; and &s;informed&s;. The chapter discusses the meaning of &s;consent&s;, examining the drafting history of Article 32(2) and placing it within the normative context of the Declaration. It then proceeds to highlight the way in which other international instruments and bodies have tackled the question of FPIC and development projects on indigenous lands. Article 32(2) of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) recognizes that indigenous peoples should be consulted before states may launch or authorize development projects on their lands. Finally, the chapter draws some conclusions as to the scope and value of FPIC in the context of the indigenous rights regime.