Guide on Climate Change and Indigenous Peoples

Article 3 of the United Nations Declaration onthe Rights of Indigenous Peoples“Indigenous peoples have the right to self determination. By virtue of that right theyfreely determine their political status and freely pursue their economic, social and culturaldevelopment.”The right to self-determination is manifested in the following: 1Autonomy or self-government in matters relating to their internal and localaffairs, as well as ways and means for financing their autonomous functions.In other cases, indigenous peoples seek the conditions for self-management.Respect for the principle of free, prior and informed consent. This principleimplies that there is an absence of coercion, intimidation or manipulation,that consent has been sought sufficiently in advance of any authorizationor commencement of activities, that respect is shown for time requirementsof indigenous consultation/consensus processes and that full andunderstandable information on the likely impact is provided.Full and effective participation of indigenous peoples at every stage ofany action that may affect them direct or indirectly. The participationof indigenous peoples may be through their traditional authorities or arepresentative organization. This participation may also take the form ofco-management.Consultation with the indigenous peoples concerned prior to any actionthat may affect them, direct or indirectly. Consultation ensures that theirconcerns and interests match the objectives of the activity or action that isplanned.Formal recognition of indigenous peoples’ traditional institutions,internal justice and conflict resolution systems, and ways of socio-politicalorganizationRecognition of the right of indigenous peoples to freely define and pursuetheir economic, social and cultural development.is the violations of theirrights to lands, territoriesand natural resources.This problem persists withworsening effects to themin terms of scale and depthespecially in countrieswhere national laws recognizingindigenous peoples’land rights are absent.The aggravating factor inmost countries is that theexistence of indigenouspeoples is not recognizedin any law or in any policy.Such denial of land andWhat is FPIC?... the consensus/consent of indigenouspeoples determined in accordance withtheir customary laws and practices.This does not necessarily mean that everysingle member must agree, but rather thatconsensus will be determined pursuant tocustomary law and practice. In some cases,indigenous peoples may choose to expresstheir consent through procedures andinstitutions that are not formally or entirelybased on customary law and practice, suchas statutory councils or tribal governments.Regardless of the nature of the process, the(Continued next page)PART IX: Ways Forward: The UN Declaration on the Rights of Indigenous Peoples... 141