Por el Derecho al Consentimiento Libre, Previo e Informado, los gobiernos tienen que mantener a las comunidades indígenas informadas sobre cualquier proyecto que quieran desarrollar en sus tierras y escuchar sus opiniones antes de realizarlo.
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.
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 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.
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.
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.