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.
States must obtain Free, Prior and Informed Consent from Indigenous Peoples before taking legislative or administrative measures which will affect them.
Article 10 of the UN Declaration on the rights of Indigenous Peoples states that no one can forcibly displace indigenous communities from their territories.
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.
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.