A/HRC//18/42
processes that affect them. This is crucial to their ability to maintain and develop their
identities, languages, cultures and religions within the framework of the State in which they
live.
18.
Article 3 of the Declaration on the Rights of Indigenous Peoples mirrors common
article 1, paragraph 1, of the International Covenant on Economic, Social and Cultural
Rights and the International Covenant on Civil and Political Rights. Consequently,
indigenous peoples have the right to determine their own economic, social and cultural
development and to manage, for their own benefit, their own natural resources. The duties
to consult with indigenous peoples and to obtain their free, prior and informed consent are
crucial elements of the right to self-determination.
19.
As affirmed in articles 5, 18, 36 and 37 of the Declaration on the Rights of
Indigenous Peoples, and within the ambit of the right to self-determination, indigenous
peoples have the right to make independent decisions in all matters relating to their internal
and local affairs, and to effectively influence external decision-making affecting them if
they choose to participate in such processes.
20.
As mentioned above, the right to free, prior and informed consent is embedded in
the right to self-determination. The procedural requirements for consultations and free,
prior and informed consent respectively are similar. Nevertheless, the right of free, prior
and informed consent needs to be understood in the context of indigenous peoples’ right to
self-determination because it is an integral element of that right.
21.
The duty of the State to obtain indigenous peoples’ free, prior and informed consent
entitles indigenous peoples to effectively determine the outcome of decision-making that
affects them, not merely a right to be involved in such processes. Consent is a significant
element of the decision-making process obtained through genuine consultation and
participation. Hence, the duty to obtain the free, prior and informed consent of indigenous
peoples is not only a procedural process but a substantive mechanism to ensure the respect
of indigenous peoples’ rights.
22.
The Declaration on the Rights of Indigenous Peoples requires that the free, prior and
informed consent of indigenous peoples be obtained in matters of fundamental importance
for their rights, survival, dignity and well-being. In assessing whether a matter is of
importance to the indigenous peoples concerned, relevant factors include the perspective
and priorities of the indigenous peoples concerned, the nature of the matter or proposed
activity and its potential impact on the indigenous peoples concerned, taking into account,
78
26
See A/HRC/12/34, paras. 42-43.