Relationships with Arctic indigenous peoples: To what extent has prior informed consent become a norm?

Abstract

‘Indigenous engagement’ refers to a range of relationships with indigenous peoples. Engagement may apply to research activities, government decision making, economic activities, or any other interaction that will bring people into or affect an indigenous community. Free, prior and informed consent (FPIC) is an aspect of indigenous engagement that is gaining increasing recognition in international and domestic law. This article examines the extent to which laws, policies and practices in the Arctic support FPIC. A review of current practices in the Arctic suggests that for the most part, States provide for some degree of prior information sharing and consultation but have yet to implement mechanisms to ensure consent before allowing activities in the Arctic to proceed. At the same time, governance structures in various parts of the Arctic help to fulfil indigenous self‐determination and therefore provide promising alternative means for supporting indigenous human rights.