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undrip , but also with those on the right to free, prior and informed consent in important matters affecting their lives, as outlined in Articles 10, 11, 19, 28, 29 and 32. It is also worth noting that the decision erases any doubt as to whether peoples’ rights provisions in the Charter are applicable to

Open Access
In: Courts and Diversity
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the undrip . 20 As a consequence of the right to self-determination, the undrip recognizes the right to free, prior and informed consent ( fpic ). It allows Indigenous Peoples to give or withhold consent to a project that may affect them or their territories. The negotiation of fpic was also

In: Changing Actors in International Law

consent has different meanings in IEL . 57 T. Ward, ‘The Right to Free, Prior, and Informed Consent: Indigenous Peoples’ Participation Rights within International Law’, 10:2 Nw. J. Int’l Hum. Rts. (2011) pp. 54–84. 58 The Cartagena Protocol on Biosafety to the Convention on Biological

In: International Journal on Minority and Group Rights

buttress the ability of rights activists to promote and protect the land rights of Indigenous peoples. Though already enshrined in international law via the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the right tofree, prior and informed consent’ ( fpic ) represents a particularly

In: International Journal on Minority and Group Rights
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Court in this case. These include: collective aspects of the enjoyment of culture and protection of lands, territories and resources of tribals within this cultural matrix; a right against forced eviction and the right to free, prior and informed consent of the tribals before interfering with their way

In: The Asian Yearbook of Human Rights and Humanitarian Law
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Court in this case. These include: collective aspects of the enjoyment of culture and protection of lands, territories and resources of tribals within this cultural matrix; a right against forced eviction and the right to free, prior and informed consent of the tribals before interfering with their way

In: The Asian Yearbook of Human Rights and Humanitarian Law

This chapter presents cases decided by the Supreme Court of the Philippines to demonstrate the development of judicial appreciation of the State’s international human rights obligations under the auspices of the 1987 Constitution. Compared with the earlier iterations of the Philippines’ organic law, the 1987 Constitution contains more substantive provisions on human rights in general, and in particular, respect for the rights of “indigenous cultural communities” to their culture and ancestral lands. These provisions, as well as the Cariño doctrine, served as the foundation of the Indigenous Peoples Rights Act of 1997, which updates reference to indigenous cultural communities to include indigenous peoples (ICCs/IPs), in keeping with the developments in international indigenous rights discourse. This chapter expounds on the bundle of indigenous rights recognized under the ipra, and the right to free, prior, and informed consent, as a means of preventing development aggression in ancestral domains and lands.

In: Regaining Paradise Lost: Indigenous Land Rights and Tourism
Sovereignty in the Exercise of the Right to Self-Determination detangles the relationship between a number of principles of international law and the exercise of sovereign power. Jane Hofbauer’s assessment is conducted through an analysis of the different tiers of self-determination, ranging from the right to exercise external self-determination, the right to exercise forms of autonomy as a form of de facto independence, and the right to a type of ‘spatial’ independence, exemplified through the principles of permanent sovereignty over natural resources (PSNR), and free, prior and informed consent (FPIC).
The book not only highlights the (intentional) uncertainties within each of these principles, but identifies the (non-discretionary) limits to their normative evolution. It thereby explores to what extent (indigenous) peoples can be designated as sovereign entities.
Twenty Years of the Constitutional Court of Indonesia
The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.

right to free, prior and informed consent on issues that affect them, including regarding infrastructure development projects.

In: A Global Handbook on National Human Rights Protection Systems