FPIC & Power Imbalances: Upholding Indigenous Rights

On the anniversary of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), this discussion addresses its crucial role in reshaping Indigenous rights across the Americas. Adopted in 2007, UNDRIP marked a historic shift by affirming Indigenous peoples’ right to self-determination, autonomy, and free, prior, and informed consent (FPIC) — challenging centuries of assimilationist policies. Yet, 17 years later, gaps persist. While UNDRIP inspired regional frameworks like the 2016 OAS Declaration, its promises often clash with extractive industries, state interests, and colonial power structures. Drawing on cases like Sarayaku v. Ecuador, and on a current mining project in Mura Lands in the Brazilian Amazon, Prof. Bragato will analyze:

• How UNDRIP redefined self-determination (without secession) and collective rights?
• The fight for binding consent in development projects?
• Why consultation processes remain fraught with coercion and broken trust?

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