Free prior and informed consent and Indigenous rights: a bulwark against discrimination and platform for self-determination

Free prior and informed consent and Indigenous rights: a bulwark against discrimination and platform for self-determination
Book Chapter
Cathal Doyle
Research Handbook on the International Law of Indigenous Rights, 12 April 2022; pp 96-128 [Edward Elgar]
Abstract
This chapter examines the development of free prior and informed consent (FPIC) norms in the international law of Indigenous rights. The first section traces the international law lineage of FPIC from initial colonial encounters through to contemporary Indigenous rights instruments. The second part probes more deeply into the cotemporary concept of FPIC based on extensive jurisprudence and recommendations, linking FPIC to self-determination and non-discrimination. The third part provides some perspective on state measures undertaken to implement FPIC and closes with attention to roles taken up by Indigenous peoples themselves in doing so.