Record: oai:ARNO:643657

AuteurD.R. Krieger
TitelTo what extent does the concept of Free Prior Informed Consent function as safeguard of land rights of indigenous peoples?
BegeleiderY.M. Donders
FaculteitFaculteit der Rechtsgeleerdheid
OpleidingFdR MA International and European Law: Public International Law
TrefwoordenConcept of Free Prior Informed Consent; land rights of indigenous peoples; protection of indigenous peoples' rights under international environmental law; ILO 169; participation in decision-making processes
SamenvattingThis thesis deals with the question to what extent the concept of free prior informed consent (FPIC) functions as safeguard of land rights of indigenous peoples. Due to the dependence of indigenous peoples to their land - for making their livelihood, as well as for their spiritual connection to it – it is essential that they have rights which ensure access and use of that land. Being in a marginalized position in the state, they often lack access to information and legal assistance. FPIC which aims to ensure an effective participation in decision-making processes regarding their land is therefore an absolute precondition to rights to land and also indigenous peoples’ right to self-determination. Generally speaking it means that before projects which have an impact on the lands of indigenous peoples are authorized, the state has an obligation to seek the free prior informed consent of the affected community. While finding increasingly more recognition in regional jurisprudence, the concept of FPIC did not develop into custom yet, and it remains uncertain if it gives affected communities a veto right. At least in situations with severe impact on communities, especially those which require relocation, more than mere consultation seems to be required though. Due to the inherent link between environmental protection and the protection of indigenous peoples’ rights a comparison is drawn to prior informed consent mechanisms under international environmental law and the protection of indigenous peoples’ rights under this regime in general. This analysis showed that consultation and consent procedures are more elaborated at the inter-state level under international environmental law. Inspirations can especially be drawn from the standardized and mandatory information processes under the PIC procedures. Also the establishment of national agencies which monitor decision-making processes might be beneficial for the rights of indigenous peoples.
Soort document scriptie master