GUIDELINES FOR IMPLEMENTING THE RIGHT OF INDIGENOUS PEOPLES TO FREE, PRIOR AND INFORMED CONSENT to understand the information provided. This capacity building aspect also related to the 'free' component of FPIC as, in the context of resource development projects in or near their territories, it implies that communities must be equipped with the capacity to engage in negotiations with the State and third parties in context of significant power asymmetries. Therefore, for consent to be freely given significant upfront investment in capacity building may be required. As part of the negotiation process communities must be free to choose negotiators who can effectively represent their interests. Mechanisms must be established to provide communities with the financial resources to cover the costs associated with engaging these experts, in a manner which avoids the potential for undue influence from the entity providing the funding. 4.3 Informed The Expert Mechanism sustains that “informed” implies that Indigenous Peoples have been provided all information relating to the activity and that that information is objective, accurate and presented in a manner and form understandable to Indigenous Peoples.43 The Special Rapporteur points out that in order for the Indigenous Peoples concerned to make free and informed decisions about the project under consideration, it is necessary that they are provided with full and objective information about all aspects of the project that will affect them, including the impact of the project on their lives and environment. To this end he believes it is essential for the State to carry out environmental and social impact studies so that the full expected consequences of the project can be known. These studies must be presented to the indigenous groups concerned at the early stages of the consultation, allowing them time to understand the results of the impact studies and to present their observations and receive information addressing any concerns.44 The Permanent Forum is more specific, detailing: Informed should imply that information is provided that covers (at least) the following aspects: a. The nature, size, pace, reversibility and scope of any proposed project or activity; b. The reason(s) for or purpose(s) of the project and/or activity; c. The duration of the above; d. The locality of areas that will be affected; e. A preliminary assessment of the likely economic, social, cultural and environmental impact, including potential risks and fair and equitable benefit-sharing in a context that respects the precautionary principle; f. Personnel likely to be involved in the execution of the proposed project 43 A/HRC/18/42; page 22; paragraph 25. 44 A/HRC/12/34; page 20; paragraph 53. 36

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