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Free, Prior and Informed Consent - Where Indian Legislation Stands

Gayatri Raghunandan
The concept of Free, Prior and Informed Consent stems from the collective rights of self-determination of indigenous peoples and is largely being seen as a part of customary international law.

First formally introduced through the International Labour Organisation’s Convention on Indigenous and Tribal Peoples in Independent Countries (ILO 169), the concept was reiterated in the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which laid down a series of situations where FPIC should become the standard “best practice” for negotiations between indigenous peoples and any other party.

Although party to ILO Convention 107 on Indigenous and Tribal Populations which guarantees the right to participation in decision making processes with regard to community and traditional lands, India is not yet a signatory to the ILO Convention 169, which has replaced the former.

Economic, social and political rights of many local communities have been undermined without consultation, consent and provision of adequate alternatives as they face physical displacement.

Gayatri Raghunandan is Research Associate at the Supreme Court of India in New Delhi.



2017 July 27
5 pages