Mobilising Free, Prior and Informed Consent (fpic) from Below: A Typology of Indigenous Peoples’ Agency

Abstract

Based on rich empirical data from Bolivia, Colombia, and Peru – the three Latin American countries where the implementation of prior consultation processes is most advanced – we present a typology of indigenous peoples’ agency surrounding prior consultation processes and the principle of free, prior and informed consent (fpic). The typology distinguishes between indigenous actors (1) mobilising for a strong legal interpretation of fpic, (2) mobilising for meaningful and influential fpic processes, (3) mobilising against prior consultation processes, and (4) blockading prior consultation processes for discussing broader grievances. We identify the most prominent indigenous strategies related to those four types, based on emblematic cases. Finally, we critically discuss the inherent shortcomings of the consultation approach as a model for indigenous participation in public decision-making and discuss the broader implications of our findings with regard to indigenous rights and natural resource governance.