Free, Prior and Informed Consent: Is it Required and What’s the Standard?

Understanding Free, Prior and Informed Consent (FPIC), a standard for interacting with indigenous groups, is critical to mining project proponents as the challenges that project proponents experience from local communities almost inevitably include claims of a failure to consult or a failure to obtain FPIC. At international law, FPIC refers to two distinct requirements that apply depending on the circumstances and the source of the requirement: consent (essentially a veto power) or consultation in good faith with the goal of achieving FPIC.

This presentation will review the international instruments which form the basis for state requirements to obtain FPIC as well as the international institutions and initiatives that create project proponent requirements to obtain FPIC. We will also consider when and how evidence of FPIC is required.

Authors:

Kevin O’Callaghan
Partner
Fasken Martineau LLP
T: +1 604 631 4839
E: kocallaghan@fasken.com

Dani Bryant
Associate
Fasken Martineau LLP
T: +1 604 631 4820
E: dbryant@fasken.com
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