A/HRC/27/66
IV. How can consultation with and the participation of
indigenous peoples in natural disaster risk reduction,
prevention and preparedness initiatives be improved?
55.
The participation of indigenous peoples, in addition to being a right to which they
are entitled, is critically important for the success of disaster risk reduction, prevention and
preparedness initiatives.
A.
Free, prior and informed consent
56.
The Expert Mechanism has underlined the centrality of free, prior and informed
consent, noting that “indigenous peoples identify the right of free, prior and informed
consent as a requirement, prerequisite and manifestation of the exercise of their right to
self-determination as defined in international human rights law” (A/HRC/EMRIP/2010/2,
para. 34). The Declaration sets out a series of provisions on free, prior and informed
consent, and six of its articles contain explicit requirements in this regard (arts. 10, 11, 19,
28 (1), 29 (2) and 32). This principle is of fundamental importance for indigenous peoples’
participation in decision-making and establishes the framework for all consultations
relating to projects affecting indigenous peoples, including in the area of disaster risk
reduction. The duty of States to obtain indigenous peoples’ free, prior and informed consent
entitles indigenous peoples to effectively determine the outcome of any decision-making
that affects them, not merely to a right to be involved in such processes. It should be
obtained through genuine consultation and participation.
57.
As the Expert Mechanism has repeatedly stated (see, for example, A/HRC/18/42),
the principle of free, prior and informed consent has the following implications:
(a)
Free implies no coercion, intimidation or manipulation.
(b)
Prior implies that consent is obtained in advance of the activity associated
with the decision being made, and includes the time necessary to allow indigenous peoples
to undertake their own decision-making processes.
(c)
Informed implies that indigenous peoples have been provided with all
information relating to the activity and that that information is objective, accurate and
presented in a manner and form understandable to indigenous peoples.
(d)
Consent implies that indigenous peoples have agreed to the activity that is the
subject of the relevant decision, which may also be subject to conditions.34
58.
An ongoing discussion surrounding the United Nations Collaborative Programme on
Reducing Emissions from Deforestation and Forest Degradation in Developing Countries
(UN-REDD) illustrates some of the challenges in applying the concept of free, prior and
informed consent in the context of disaster risk reduction. UN-REDD was conceived as a
mechanism for achieving sustainable development outcomes that benefit tropical forests
and their populations while simultaneously delivering climate change mitigation benefits.35
UN-REDD subscribes to the principles of free, prior and informed consent, and since its
inception, consultations have been held to ensure that the UN-REDD objectives are
realized. One such consultation, held in partnership with the United Nations Development
Programme, the United Nations University, the Indigenous Peoples’ International Centre
for Policy Research and Education (Tebtebba) and the secretariat to the Convention on
34
35
For an interpretation of free, prior and informed consent, see E/C.19/2005/3.
See www.un-redd.org.
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