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Free, prior and informed consent (FPIC) flows from Indigenous Peoples’ self-determination. It protects Indigenous Peoples’ decision-making power as to their land and resources, and their way of life. 

Free, Prior and Informed Consent is Indigenous Peoples’ right to:

• Enter into conversations and negotiations without coercion or manipulation (FREE).
• Be involved well before any decision is made about lands, resources, or people (PRIOR).
• Have full information that is easily accessible and readily available (INFORMED).
• Say “yes” or “no” to a project and to be involved and heard throughout a project lifecycle wherever it impacts peoples and resources (CONSENT).

FPIC is:
  🟢 Defined by Indigenous Peoples.
  🟢 The starting point for engagement and risk due diligence.
  🟢 A framework to understand and protect all rights of Indigenous Peoples.

FPIC is NOT:
  ❌ Defined by corporations. 
  ❌ An implicit outcome of consultation.
  ❌ One-size-fits-all, a box to check, or something to “get to”.

Indigenous Peoples define the processes and protocols that companies and governments should use when seeking their FPIC. Consent-based protocols allow Indigenous Peoples participation in all decisions that affect their people and territories and to understand the full impacts of projects on their lands and communities.

FPIC Due Diligence

FPIC due diligence exposes project risks that could materially affect a company’s success, as well as potential harms to Indigenous Peoples, their lands, or their resources.

Where there are impacts to and involvement of Indigenous Peoples, FPIC due diligence is required by companies to:

1. Identify and eliminate risk of harm prior to project development and implementation.
2. Provide a framework to understand on-the-ground impacts to people and place.
3. Fulfill the fiduciary duty to shareholders to report project risk.
4. Create a rights-centered framework for relationship-building and equitable partnerships with Indigenous Peoples.

The Free, Prior and Informed Consent Due Diligence Questionnaire provides guidance for investors to perform requisite due diligence that optimizes beneficial partnership and engagement with Indigenous Peoples. It builds on the United Nations Guiding Principles on Business and Human Rights’ assertion that businesses have responsibilities to respect the rights of Indigenous Peoples. It defines FPIC “as enumerated in Articles 10, 19, 29, and 32 of the United Nations Declaration on the Rights of Indigenous Peoples” and “reflects all the rights therein, including the right to self-determination in Article 3.”

The DDQ delineates key considerations for investors seeking to implement best practices for operationalizing Indigenous Peoples’ FPIC regarding the development of resources on or near Indigenous lands and territories. This can include energy and marine resources, agriculture, and cultural property, among others. Specifically, the DDQ outlines best practices for designing policy, identifying impacted Indigenous Peoples, information collection and transmission, engagement and agreement priorities, and post-agreement requirements.

Since its release in 2018, the DDQ has been widely circulated by social and impact investors. It was updated in 2024 to reflect two key developments in the field. First, to integrate robust consideration of Indigenous Peoples’ own definitions of FPIC and the self-determined protocols and processes for engagement with the private sector. Second, that recognition of Indigenous Peoples in Voluntary Isolation and Initial Contact requires particular consideration due to their heightened vulnerability to development and engagement.

Download the Free, Prior and Informed Consent Due Diligence Questionnaire in English, Spanish, Russian and French. Supplemental guidance for the insurance industry is also available. 

Additional Resources

General

• (SIRGE Coalition)
• (Food and Agriculture Organization of the United Nations)
• (IWGIA)
• Calling in Companies on FPIC (Investors & Indigenous Peoples Working Group)
  • Part 1: Self-Determination, Sovereignty and a Model for Long-term, Relational Engagement
  • Part 2: How Investors can Forward Indigenous Priorities for FPIC + Questions from Companies
  • Full webinar:

Regional or Topic-specific

• (First Nations Major Projects Coalition)
• (Oxfam)
• (The Extractive Industries and Society)
• (U.S. Fish and Wildlife Services)
• (International Work Group for Indigenous Affairs)
• (Albany Law Review)
• (Columbia Center on Sustainable Investment)
• (Food and Agriculture Organization of the United Nations)