Indigenous Peoples’ Interaction with External World: The Principle of Free, Prior and Informed Consent

Indigenous peoples are inheritors of earlier population of their present day territories of modern states, committed to their land and traditional way of life. The world community for many decades proceeds along the path of recognition the rights of indigenous peoples, the main of which, in the author’s opinion, is the right to choose the degree and form of their integration in the modern society. Historically, the attitude towards indigenous peoples’ rights developed from recognition of their right “to be as other peoples are” to the consent to their right to be different an original. One of the main tenet ensuring the realization of their right to originality, which has important practical implications, is the principle of free, prior and informed consent (FPIC) of indigenous peoples to affecting them economic and cultural activities of their dominant neighbors, as well as to more particular (including special) rights and implementation procedures resulting from them. In economic terms, it primarily concerns nature management and, especially, extraction of natural fossil and usage of biological resources, military activities, and waste disposal. The article analyzes the history of ideas about the of indigenous peoples’ rights and their legal fixation, as well as problems of interpretation of the principle of free, prior and informed consent and its implementation in various regions of the world and spheres of activity.

indigenous peoples, principle of free, prior and informed consent (FPIC), United Nations Declaration on the Rights of Indigenous Peoples of 2007, traditional way of life, ethnic identity, originality, integrationism, anti-integrationism, nature management, implementation of FPIC

1. Garipov, R. Sh. Zashchita korennykh narodov v mezhdunarodnom prave [Protection of Indigenous Peoples in International Law]. Kazan: TsIT, 2012.

2. Kriazhkov, V. A. Korennyje malochislennye narody Severa v rossijskom prave [Indogenous Small Peoples of the North in Russian Law]. Moscow: Norma, 2010.

3. Kriazhkov, V. A. Pravo na Traditsionnyje znanije [Right of Traditional Knowledge] // Rossijskij Juridicheskij Zhurnal [Russia Law Journal]. 2008. No. 3. P. 7–13.

4. Petrova, E. E. Evolutsija prav korennykh narodov: mezhdunarodno-pravovojt izmerenije [Evolution of the Indigenous Peoples’ Rights in the Aspect of International Law] // Pravozashchitnik [Human Rights Advocate]. 2015. No. 2. – URL: http://pravozashitnik.net/ru /2015/2/9

5. Sokolovskij, S. V. Korennyje narody: ot politiki strategicheskogo essentsialisma k printsipu sotcial’noj spravedlivosti [Indigenous Peoples: From the Policy of Strategic Essetialism to the Principle of SocialJustice] // Etnograficheskoje obozrenije [Ethnographic Review]. 2008. No. 4. P. 59–76.

6. Buxton, A. and Wilson, E. FPIC and the extractive industries: a guide to implementing the spirit of free, prior and informed consent in industrial projects. London, 2013. http://pubs.iied.org/16530IIED.html

7. Doyle, C. and Cariño, J. Making free, prior and informed consent a reality: indigenous peoples and the extractive sector. ECCR, 2013. 84 p. – URL: http://www.ecojesuit.com/wp-content/uploads/2014/09/Making-FPIC-a-RealityReport.pdf