Free

Free, Prior and Informed Consent (FPIC) in Development Projects

• FPIC is required before the approval or commencement of any project affecting lands, territories, and resources of Indigenous Peoples, in accordance with their rights to self-determination and natural resources.
• The FPIC process involves disclosing project terms in the local language, involving all community members, and allowing sufficient time for discussion before obtaining consolidated consent or withheld consent.
• FPIC benefits include carrying out development activities based on needs and priorities, maintaining consent, minimizing risks, building trust, and informing project managers on targeting beneficiaries' needs and expectations.
• FPIC is a tool for Indigenous Peoples to ensure their priorities are considered, to control and manage their lands and territories, and to command respect for their cultural identity and self-determination.
• The Supreme Court of India reaffirmed the rights of forest-dwelling Indigenous peoples, including their traditional decision-making processes and ultimate authority to give or withhold consent to bauxite mining activities in Niyamgiri, Odisha.
• Twelve Gram Sabha were organized for broad participation, with heavy rain and busy cultivation schedule, where women were the majority in most gatherings.
• Prior to the Gram Sabha, Action Aid facilitated the FPIC process by distributing information related to mining activities and meeting with village members to ensure the "Prior and Informed" aspects of FPIC.
• The State and Central governments assisted, and the Supreme Court decision ensured the "Free" aspect of FPIC by prohibiting project proponents from influencing council meetings.
• The Gram Sabha unanimously decided that mining in Niyamgiri would infringe on the cultural, religious, community, and individual rights of local forest dwellers.
• This decision set a precedent for Indigenous peoples throughout the country struggling to protect their homelands and sacred sites.
• The Gram Sabha emphasized the significance of Niyamgiri as their resource and the abode of Niyam Raja, their living deity, providing them with food, water, and livelihood throughout the year.
• It is important for project developers to carefully consider local communities co-habiting areas with Indigenous Peoples and involve state institutions in the FPIC process to ensure recognition and eventual support by the country's legal framework.

Test your knowledge of Free, Prior and Informed Consent (FPIC) in development projects with this quiz. Learn about the importance of FPIC for Indigenous Peoples, the process involved, and its impact on development activities. Challenge your understanding of FPIC through real-life examples and legal precedents.