The Operationalization of the Principle of Free, Prior and Informed Consent: A Duty to Obtain Consent or Simply a Duty to Consult?

Abstract

The principle of free, prior and informed consent (FPIC) was introduced as a way of safeguarding indigenous peoples' right to self-determination and their right to freely determine their own economic, social and cultural development. This Article explores how FPIC has been operationalized in the context of natural resource extraction on indigenous land by taking a closer look at the operationalization of this principle in Colombia. The Article also aims to showcase the difference between FPIC and the duty to consult, and explains to what extent the former one is more preferable to the latter one.