Human rights, Indigenous peoples and the concept of Free, Prior and Informed Consent

被引:159
作者
Hanna, Philippe [1 ]
Vanclay, Frank [1 ]
机构
[1] Univ Groningen, Fac Spatial Sci, Dept Cultural Geog, NL-9700 AV Groningen, Netherlands
关键词
social impact assessment; right to have rights; social licence to operate; corporate social responsibility; human rights impact assessment; IMPACT ASSESSMENT; RESPONSIBILITY; ANTHROPOLOGY; HEALTH;
D O I
10.1080/14615517.2013.780373
中图分类号
X [环境科学、安全科学];
学科分类号
08 ; 0830 ;
摘要
The human right to self-determination is enacted in various international treaties and conventions. In order to facilitate self-determination, it is necessary to provide Indigenous peoples with opportunities to participate in decision-making and project development. The obligation for governments and companies to engage impacted communities is recognized in international law, especially with the principle of 'Free, Prior and Informed Consent', which is outlined in the United Nations Declaration on the Rights of Indigenous Peoples and in the International Labour Organization Convention 169. The encounter between human rights, Indigenous peoples and mining and other extractive industries is discussed, especially as it is has played out in Brazil. We recommend that companies should fully endorse and respect these internationally recognized human rights, including self-determination, even where not required by national or local legislation. We also discuss the relationship between Free, Prior and Informed Consent and Impacts and Benefits Agreements.
引用
收藏
页码:146 / 157
页数:12
相关论文
共 94 条
[1]  
Amazon Watch, 2012, ACH TAL EN
[2]  
Amer Anthropol Assoc, 1947, AM ANTHROPOL, V49, P539
[3]  
Amnesty International, 2012, EC INT COURT RUL MAR
[4]  
Anaya James, 2001, HARVARD HUMAN RIGHTS, V14, P33
[5]  
Anaya S.J., 2009, Making the Declaration Work: the United Nations Declaration on the Rights of Indigenous Peoples, P184
[6]  
Anaya S.James., 2004, ARIZ J INT COMP L, V21, P13
[7]  
[Anonymous], DECL ANTHR HUM RIGHT
[8]  
[Anonymous], 1989, CONV C169
[9]  
[Anonymous], 2004, SUSTAINABLE DEV LAW
[10]  
[Anonymous], 2011, CODE CONDUCT WORKING