The FPIC Trap: Why Indigenous Rights Need More Than Consent
Picture this. You're at a UN meeting. Everyone keeps talking about FPIC.
Free, Prior, and Informed Consent. They say it like it's magic.
Like these four letters will solve everything.
I remember sitting in those meetings as a young advocate. Everyone seemed obsessed with FPIC.
They talked about it under ILO 169. They talked about it in the UN Declaration. But something felt off.
I kept asking questions. The answers from fellow Indigenous advocates surprised me. They believed in FPIC deeply. But they struggled to explain why it mattered. Or how it worked differently in different places.
Today, let's pull back the curtain on FPIC:
Why it looks good but falls short
How UNDRIP and ILO 169 treat it differently
Why it might actually hurt Indigenous power
The Promise vs Reality
FPIC sounds perfect on paper. Indigenous Peoples getting control over their lands and futures. But look closer. This shiny tool might cage the very freedom it promises to protect.
Two Different Worlds: UNDRIP vs ILO 169
UNDRIP says FPIC never ends. You get a say from day one until forever. Every step, every decision, every change needs your voice. Take a mining project. Under UNDRIP, Indigenous Peoples should shape every decision from start to finish.
ILO 169 plays a different game. One consultation. One decision. Then silence. Like signing a contract without reading the fine print. Countries that follow ILO 169 often treat the first "yes" as the last word. The project changes? Too bad. You already agreed.
Guess which version governments prefer? The quick checkbox. The version that keeps Indigenous Peoples quiet and projects moving.
The Impossible Choice
Here's the trap. Many Indigenous Peoples push for ILO 169. Why? Because it has teeth. Legal teeth. When a State signs it, you can take them to court.
But the price runs deep. Support ILO 169, and you accept a weaker version of consent. You trade real partnership for a single moment of permission.
Indigenous Peoples face an impossible choice. You need legal weapons to fight back. But using them means accepting less power than you deserve.
FPIC today asks Indigenous Peoples to play small. To request permission instead of wielding power. To accept a seat at someone else's table instead of building our own.
The Real Danger
While we argue about FPIC, we forget something bigger. Self-determination. Real power isn't about saying yes or no to someone else's plans. It's about making your own plans. Choosing your own path. Using your lands and resources your way.
FPIC has stolen the spotlight. We spend all our energy debating what makes "good enough" consultation. Meanwhile, true self-determination gathers dust in the corner.
Your Next Move
Feel frustrated? Join the club. Indigenous Peoples worldwide share your anger. We're all tired of playing by rules designed to limit us.
But you can act smart. Use the UNDRIP and ILO 169's legal power while pushing for more. Demand FPIC that matches true self-determination.
Don't let them make FPIC the finish line. Keep fighting for what matters. Your right to shape your future. Your power to choose. Your place at the table as an equal, not a guest.
Looking Forward
FPIC isn't the answer. Not yet. But it's the tool we have today.
The question is: how do we use this imperfect tool to build something better?
Think beyond today's battles. Picture a future where Indigenous Peoples don't wait for permission.
Where we shape decisions because that's our right.
That’s it for today. See you next Saturday.