Respecting free, prior and informed consent: Practical guidance for governments, companies, NGOs, indigenous peoples and local communities in relation to land acquisition

Large-scale investments in land are spreading faster than ever before across the global south. Often these investments target lands governed by customary rights that are not adequately recognized and protected under national laws, or sites where governments lack the capacity to enforce the law. Land deals that change the use of land and natural resources have wide implications for indigenous peoples and local communities who depend primarily on these resources for their livelihoods, welfare and cultural identity. Ill-regulated land acquisition has become a major problem, especially in subSaharan Africa and Southeast Asia, where it threatens food security, local livelihoods and sustainable natural resource management, and has triggered land conflicts and human rights abuse. Marginalized social groups are particularly at risk, including indigenous peoples, other customary landowners, women, lower-caste people and ethnic minorities. In May 2012, the Committee on Word Food Security (CFS) endorsed the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (hereafter referred to as the Guidelines). The Guidelines provide practical guidance to states, civil society and the private sector on responsible governance of tenure and constitute a framework for policies, legislation and programmes. In particular, the Guidelines encourage respect for rights, good governance and equitable outcomes that secure local people’s livelihoods and promote long-term community-based development. This paper is a technical guide on free, prior and informed consent (FPIC). It sets out practical actions for government agencies to respect and protect FPIC and for civil society organizations, land users and private investors globally to comply with their responsibilities in relation to FPIC, as endorsed by the Guidelines in Section 9.9. The guide also describes how consultation and participation can be carried out with those rights-holders affected by land-use changes, in line with paragraph 3B.6 of the Guidelines (see “FPIC and the Guidelines”).