A/HRC/6/15
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self-development, and free, prior and informed consent, including the right not to accept
activities that are incompatible with those rights. The World Bank adopted revised Operational
Policy 4.10 concerning its activities affecting indigenous peoples. Other agencies, such as the
Japan Bank for International Cooperation, include specific provisions governing indigenous
peoples in which the fundamental role of respect for their rights is recognized.
C. Free, prior and informed consent
22. One of the basic articles in the United Nations Declaration on the Rights of Indigenous
Peoples stipulates that States “shall consult and cooperate in good faith with the indigenous
peoples concerned through their own representative institutions in order to obtain their free, prior
and informed consent before adopting and implementing legislative or administrative measures
that may affect them” (art. 19). Application of this principle in development programmes and
projects on behalf of indigenous communities and peoples is a basic prerequisite for ensuring
respect for the right of indigenous peoples to self-determination.
23. According to the Permanent Forum on Indigenous Issues, the principle of free, prior and
informed consent comprises the following elements:5
(a)
There should be no coercion, intimidation or manipulation;
(b) Consent should be sought sufficiently in advance of any authorization or
commencement of activities and that respect is shown for time requirements of indigenous
consultation/consensus processes;
(c) Information should be provided that covers (at least) the following aspects: the
nature, size, pace, reversibility and scope of any proposed project or activity; the reason(s) for or
purpose(s) of the project and/or activity; its duration and the locality of areas that will be
affected; a preliminary assessment of the likely economic, social, cultural and environmental
impact, including potential risks and fair and equitable benefit-sharing in a context that respects
the precautionary principle;
(d) Indigenous peoples should specify which representative institutions are entitled to
express consent on behalf of the affected peoples or communities, ensuring gender balance and
taking into account the views of children and youth, as relevant;
(e) Information should be accurate and in a form that is accessible and understandable,
including in a language that the indigenous peoples will fully understand;
(f) Consultation should be undertaken in good faith. The parties should establish a
dialogue allowing them to find appropriate solutions in an atmosphere of mutual respect in good
faith, and full and equitable participation. Consultation requires time and an effective system for
communicating among interest-holders.
5
E/C.19/2005/3, paras. 46-48.
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