A/HRC/15/35
peoples and individuals are “equal to all other peoples and individuals” in the exercise of
their rights.
33.
The Declaration also recognizes the related right under article 4 of autonomy or selfgovernment for indigenous peoples over their internal and local affairs, and clarifies that
their right to participation goes beyond the right of indigenous individuals to participate in
electoral processes on the same basis as members of the majority population. Article 5
states that the exercise of their right to autonomy by indigenous peoples does not in any
way limit their right to participate fully in the mainstream political life of the State.
D.
Free, prior and informed consent
34.
Indigenous peoples identify the right of free, prior and informed consent as a
requirement, prerequisite and manifestation of the exercise of their right to selfdetermination, as defined in international human rights law. Moreover, the principle is of
fundamental importance for their participation in decision-making. This is because free,
prior and informed consent establishes the framework for all consultations relating to the
acceptance of projects that affect them, and any related negotiations pertaining to benefitsharing and mitigation measures. Particular emphasis is placed on free, prior and informed
consent for projects or measures that have a substantial impact on indigenous communities,
such as those resulting from large-scale natural resource extraction on their territories22 or
the creation of natural parks, or forest and game reserves on their lands and territories.
35.
The Declaration contains a number of provisions requiring the free, prior and
informed consent of indigenous peoples in the context of certain decisions affecting them.
The importance of free, prior and informed consent for the realization of the rights
articulated in the Declaration on the Rights of Indigenous Peoples is reflected in the fact
that six of its articles contain explicit requirements concerning such consent. Article 10
establishes that no relocation should take place without the free, prior and informed consent
of the indigenous peoples concerned. Article 11 establishes an obligation for States to
provide redress through effective mechanisms with respect to property taken without free,
prior and informed consent. Article 19 obligates States to consult indigenous peoples in
order to obtain their free, prior and informed consent before adopting and implementing
legislative or administrative measures that may affect them. Article 29 (2) establishes that
States should take effective measures to ensure that no storage or disposal of hazardous
materials takes place on lands or territories of peoples without their free, prior and informed
consent. Finally, article 32 provides in more general terms that States should consult
indigenous peoples in order to obtain their free, and informed consent prior to the approval
of any project affecting their lands, territories or resources.
36.
International human rights treaty bodies, such as the Committee on the Elimination
of Racial Discrimination and the Committee on Economic, Social and Cultural Rights, have
also clarified that the free, prior and informed consent of indigenous peoples is required in
accordance with State obligations under their corresponding treaties.23 In its general
comment No. 21 (2009) on the right of everyone to take part in cultural life, the Committee
on Economic, Social and Cultural Rights underlined the fact that States parties should
22
23
10
See Doyle, Cathal, “Free, prior and informed consent: a universal norm and framework for
consultation and benefit sharing in relation to indigenous peoples and the extractive sector”, prepared
for the OHCHR Workshop on Extractive Industries, Indigenous Peoples and Human Rights, Moscow,
3 and 4 December 2008, available at www2.ohchr.org/english/issues/indigenous/
resource_companies.htm (accessed 12 May 2010).
See CERD/C/RUS/CO/19, para. 24.
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