By: Binota Dhamai, Member EMRIP
Consent has long been a foundational practice within Indigenous communities, grounded in their inherent relationships to their lands and territories and governed by their own systems of law and decision-making. Long before the imposition of colonial borders and legal frameworks, Indigenous Peoples maintained sovereignty over their lands, upheld their own laws, and protected their territories. These governance systems are not relics of the past—they are dynamic, evolving, and vital structures that must be respected as legitimate expressions of Indigenous law, diplomacy, and self-governance.
The concept of Free, Prior and Informed Consent (FPIC), as recognized under international human rights law, reflects these inherent rights. FPIC is a living expression of Indigenous Peoples’ rights to self-determination, self-government, and control over their lands, territories, resources, and ways of life. These rights are affirmed in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), ILO Convention No. 169, and other human rights instruments. However, in practice, States and corporations often misinterpret, minimize, or ignore FPIC. Too frequently, it is reduced to a mere consultation process, rather than acknowledged as a binding right to grant or withhold consent. In response, Indigenous-led FPIC protocols have emerged as mechanisms through which Indigenous communities assert authority over their own consent processes, rooted in their cultural, legal, and political traditions.
FPIC is grounded in the principle that Indigenous Peoples have the right to decide what happens on their lands and with their resources. According to the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP, 2018), the term “free” implies the absence of coercion or manipulation; “prior” requires that consent is obtained before project implementation; and “informed” demands that all relevant information be provided in a culturally appropriate and accessible format. Most importantly, “consent” means Indigenous Peoples hold the final authority to approve or reject any project. Indigenous-led FPIC protocols reinforce such principles by ensuring that these processes are directed by Indigenous communities themselves.
These protocols are community-developed frameworks that articulate how Indigenous Peoples engage with external actors on matters affecting their rights, lands, and governance. They are rooted in Indigenous laws, decision-making practices, and customary governance. These protocols define who holds the authority to give or withhold consent—whether traditional councils, community assemblies, or hereditary leaders—and outline the procedures for community-wide participation. They may also establish terms for negotiation, benefit-sharing, and long-term agreements in line with future generations’ interests. Above all, they require external actors to recognize and respect Indigenous governance and legal orders.
In conclusion, FPIC is not a privilege—it is a right. It must be respected not only in principle but also in practice. Development, conservation, and other interventions cannot proceed on Indigenous lands without their explicit consent. Indigenous-led FPIC protocols are not mere tools for consultation; they are powerful mechanisms for asserting Indigenous sovereignty, self-determination, and self-governance. Through them, Indigenous Peoples define their own futures, protect their territories, and uphold their legal and cultural systems on their own terms.
