Self-determined decision-making: How do states consult with Indigenous Peoples to obtain their free, prior and informed consent – Guide for Researchers

Decisions taken by local, national or other level of government can and very often do violate the human rights of Indigenous Peoples. This can take place due to the impact on rights such as the right to housing, health, livelihoods, education, cultural integrity, life, or other rights; or because the decision making process itself violated the state’s duty to consult with the People affected in order to obtain their free, prior and informed consent – thus violating the right of the People to self-determination. This guide focuses on the second category of rights violations, relating to the process of decision-making, and how the affected Indigenous Peoples were able to engage in it. It is intended for the use of researchers who wish to investigate the extent to which the human right to participate effectively in decision-making has been violated.

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