Decolonial Sociology of Law Seminar Series: "Challenging FPIC (Free, Prior and Informed Consent): Indigenous Peoples' Rights and the Green Transition"

• Attend the seminar online via Zoom

The imperative to consult Indigenous peoples, guided by the principle of Free, Prior, and Informed Consent (FPIC), is a central obligation in international law, designed to protect Indigenous rights. Recognized as a cornerstone of customary international law, this duty affirms a commitment to Indigenous peoples' rights to land and resources. Yet, despite its significance, the duty to consult based on FPIC does not fully satisfy Indigenous aspirations for self-determination. At the domestic level, this obligation remains underacknowledged, even as legislation and legal proceedings increasingly address consultation requirements. Moreover, the emphasis on FPIC raises questions about its adequacy in fulfilling the promise of self-determination. Consent is often viewed as a 'magical fairy dust' that could transform externally imposed development into something legally acceptable.

This lecture critically examines the rationale behind the duty to consult based on FPIC and challenges the liberal human rights framework that underpins it. While FPIC is promoted as a key instrument to justify 'green transition' projects, we will examine the benefits and challenges of this mechanism for promoting a just transition.

This seminar presentation is part of the REBOUND project supported by the  Strategic Research Council of Finland

Dr. Dorothee Cambou is an Assistant Professor of Sustainability Science at the Faculty of Law, University of Helsinki. Her research addresses international law and human rights, natural resource governance and inequality, and social justice. She has extensive expertise in indigenous peoples' rights, particularly those of the Saami. From 2019 to 2023, she chaired the Nordic Network for Sámi and Indigenous Peoples Law. Her research critically examines the challenges posed by the "green" transition, specifically its impacts in the Arctic. She is particularly interested in critical studies exploring the role of law as a form of social regulation, including the responsibilities of corporate actors and the broader economy.