Free, Prior, and Informed Consent (FPIC) is a principle enshrined in international human rights law, particularly in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and other international agreements such as ILO Convention 169. FPIC ensures that Indigenous peoples have the right to give or withhold their consent to projects, laws, or activities that may affect their lands, resources, or lives. It ensures Indigenous peoples have a real say in decisions that could change their lives, especially when it comes to their lands, resources, and cultures as a way to address historical injustices and build genuine partnerships.
What Does FPIC Really Mean?
- Free: The decision must be made without pressure or tricks. No hidden agendas, no strings attached. It’s about ensuring that people feel safe and empowered to say “yes,” “no,” or “not yet.”
- Prior: Timing is everything. You don’t wait until plans are finalized or machines are rolling in to ask for input. Indigenous communities must be brought into the conversation early on so their voices are embedded in the DNA of projects and policies.
- Informed: Everyone deserves to know what they’re agreeing to (or not). This means providing clear, accurate details about what’s planned, the risks involved, and the potential benefits. And it has to be done in a way that makes sense to the people affected.
- Consent: It’s the community’s collective decision to agree, reject, or negotiate. It’s not a box to tick or a token approval.
When Is FPIC Needed?
FPIC comes into play whenever a project could impact Indigenous lands or resources. Whether it’s mining, building a dam, or creating a conservation area, the people affected have the right to decide if and how it should move forward.
Why Gender and Intersectionality Matter
Gender, age, disability, and other factors influence who gets heard and whose needs are prioritized. For instance, women often manage water and food systems yet are frequently excluded from formal discussions. Elders bring traditional knowledge, while youth offer innovative perspectives, but both groups are sometimes overlooked. Without intentional inclusion, FPIC risks reinforcing existing inequalities.
How to Apply FPIC with Inclusion
To make FPIC work for everyone, it’s important to create space for diverse voices. Information should be shared in languages and formats that make sense to everyone in the community, and the process should allow enough time for people to discuss and understand the implications. Women and other marginalized groups may need dedicated spaces to speak freely without fear of judgment or reprisal. Addressing these needs strengthens the process and ensures the final decision reflects the entire community, not just those with the most influence.
Resources
- Free Prior and Informed Consent An indigenous peoples’ right and a good practice for local communities.
This manual is published by the Food and Agriculture Organization of the United Nations (FAO). It gives clear steps and tools to help projects follow international standards like UNDRIP and ILO 169. - Free, Prior and Informed Consent Within the Context of UNDRIP and Environmental Assessments
The document was produced by the Environmental Assessment Office (EAO) of British Columbia. It reflects the province’s commitment to integrating FPIC into its environmental assessment process in alignment with UNDRIP.