Human Rights Mechanisms

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 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 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.

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.

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.

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

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.

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

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

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