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A falta de suficiente información sobre la situación de los pueblos Indígenas en Nicaragua en marco al Covid19; vía telefónica conversamos con la Líner Indígena Miskitu, y defensora de Derechos Humanos Lotty Cunningham. Ella es fundadora de la organización CEJUDHCAN, que promueve y protege los Derechos Humanos colectivos e individuales de los Pueblos Indígenas en la Costa Caribe Norte de Nicaragua.

The right to Free, Prior and Informed Consent means that governments have to inform indigenous communities about any development projects they want to start in their territories, and listen to their opinions before beginning the project.

The right to Free, Prior and Informed Consent belongs to all Indigenous Peoples.

Indigenous communities should not let governments continue to destroy their territories and violate their right to Free, Prior and Informed Consent.

It is important that indigenous communities elect leaders who will fight for the interests of their people and not the interests of the government.

Article 10 of the UN Declaration on the rights of Indigenous Peoples states that no one can forcibly displace indigenous communities from their territories.

States must obtain Free, Prior and Informed Consent from Indigenous Peoples before taking legislative or administrative measures which will affect them.

Governments cannot store dangerous materials on Indigenous Peoples’ lands without their Free, Prior and Informed Consent.

States should obtain Free, Prior and Informed Consent before approving any development project that will affect the lands and resources of Indigenous Peoples.

The UN Declaration on the rights of Indigenous Peoples along with other international instruments, recognises the right to Free, Prior and Informed Consent as a right of Indigenous Peoples.

For Indigenous Peoples, the right to Free, Prior and Informed Consent is a fundamental, inherent and inalienable right.

Governments are obligated to comply with the right to Free, Prior and Informed Consent that belongs to all Indigenous Peoples.

The negotiation process between the government and Indigenous Peoples should be free of threats, bribes or any manipulation by the government of the decisions of Indigenous Peoples.

It is important that indigenous communities obtain sufficient information prior to the start of a project in order to have an accurate discussion about the potential changes.

It is important to have all the information about the potential impacts of development projects on the environment, the community and the people. The information should be available in a way in which everyone can understand, and in the native language of the people it will affect.

The right to Free, Prior and Informed Consent is stated in national and international laws, and can be applied in defence of lands and territories when there is a project that will cause irreparable damage.

It is important to demand that this law is complied with because it protects the environment, guarantees clean water and air, and it is a mechanism of controlling development projects to ensure that truly benefit indigenous communities.

The right to Free, Prior and Informed Consent clearly states that the government should not force people to change their method of organisation, thinking, or decision making, nor spread inaccurate information to misinform Indigenous Peoples.

In order to ensure that the right to Free, Prior and Informed Consent is complied with, there should be community meetings which make people aware of what is happening and could happen in their area. In addition to this, projects must be supervised in order to ensure that decisions made in the community meetings, are implemented during the development project.

For the right to Free, Prior and Informed Consent to be correctly applied, it is important to know that this right is applicable to all Indigenous Peoples. It must be adhered to with respect for indigenous communities’ own methods of communication and each person’s opinion must be heard. Furthermore, it means that there should be meetings with representatives of the government, companies, and Indigenous Peoples in order to arrive at an agreement that benefits the community.

In order for this right to be applied fairly, it should respect the following: 1. From the start of a project, there should be a consultation with the Indigenous People of the area; 2. There should be sufficient time devoted to ensuring that the community receive all of the information about the projects and its impacts; 3. Information should be distributed in accordance with the traditional ways of each community; 4. Any form of trying to influence the opinions of the people should be avoided; 5. All the details of decisions taken should be recorded.