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How to implement free,
prior informed consent
(FPIC)
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by JEROME LEWIS
Introduction
Negotiating FPIC is a process. It consists of
informing the affected persons about
planned activities and their impacts – both
positive and negative – and verifying that
the information provided has been understood, before explicit consent can be
negotiated. If people refuse, their decision
must be respected. FPIC focuses on
harmonising and equalising relationships
between groups of different power and
means.
The key elements of the FPIC concept
Consent
Consent is required from people in situations where any externally initiated activity,
by state agencies, private enterprises or
NGOs, may impact on the lives and livelihoods of individuals and communities. This
is particularly the case for activities that are
likely to affect a people’s ability to continue
their way of living, to determine their own
development or to maintain access to the
natural resources necessary for their
economic livelihood and cultural traditions.
In most situations, the concept of
consent differs between affected peoples and
those proposing change. In Central Africa,
for example, the notion often implies an
ongoing negotiated relationship based on
trust generated by regular, long-term
exchange of information and goods and
services. International understandings tend
to focus on a permanently binding signed
contract.
A compromise between local and international understandings can be obtained by
ensuring that, if people give their consent, it
is in a manner that is understood as contractual by both parties.
Free and informed
The exercise of free will is essential for any
agreement to represent genuine consent.
Communities must be able to accept, negotiate or reject a proposed intervention by
third persons without any duress. Communities must have the possibility to refuse
consent. Likewise, they must be able to
withdraw their consent if the terms on