Annex H - Free, Prior and Informed Consent (FPIC) Protocol - Introduction and purpose

Aug 31, 2026

This annex introduces the Free, Prior and Informed Consent (FPIC) protocol within Blue Action Fund requirements, linking the principle to Indigenous peoples’ self-determination. It defines FPIC as consent that is Free from coercion, Prior in timing, Informed through accessible and complete objective information, and Consensual through Indigenous decision-making with options to reconsider. It explains validation needs for internal agreement and outlines why transparency, empowered participation, and proper implementation are essential for legitimate and non-oppressive outcomes in projects affecting Indigenous lands and livelihoods.

LanguageEnglish

CategoryLetters

FormatDOCX

Pages12

Reading Time4 min

AccessFree to download

Introduction and purpose of the FPIC protocol

Blue Action Fund requirements for FPIC

FPIC legitimacy: Free, Prior, Informed, Consensual

Internal validation and external verification

Governance purpose and limitations

International standards and required project timing

Broader rights and protocol requirement

Annex H: Free, Prior and Informed Consent (FPIC) Protocol Blue Action FPIC Template Version 3, May 2026 Date of first draft: Last updated: Version Control Table of contents TOC \o "1-3" \h \z \u HYPERLINK \l "_Toc227926017" 1. Introduction and purpose of the FPIC protocol PAGEREF _Toc227926017 \h 4 HYPERLINK \l "_Toc227926018" 2. Project background PAGEREF _Toc227926018 \h 6 HYPERLINK \l "_Toc227926019" 3. Description of Indigenous Peoples and preliminary assessment of baseline conditions PAGEREF _Toc227926019 \h 6 HYPERLINK \l "_Toc227926020" 4. Preliminary assessment of key impacts on Indigenous Peoples PAGEREF _Toc227926020 \h 7 HYPERLINK \l "_Toc227926021" 5. Free, Prior and Informed Consent (FPIC) Protocol PAGEREF _Toc227926021 \h 7 HYPERLINK \l "_Toc227926022" 6. Grievance Mechanism PAGEREF _Toc227926022 \h 11 HYPERLINK \l "_Toc227926023" 7. Implementation arrangements PAGEREF _Toc227926023 \h 11 HYPERLINK \l "_Toc227926024" 8. Cost and budget PAGEREF _Toc227926024 \h 12 HYPERLINK \l "_Toc227926025" 9. Adaptive management PAGEREF _Toc227926025 \h 12 Introduction and purpose of the FPIC protocol Table 1: Blue Action Fund requirements for Free, Prior and Informed Consent (FPIC) (Blue Action Fund E&S Safeguarding Principles and Requirements, ESMS Manual Annex B), Criterion 8.4 The history of the free prior informed consent (FPIC) principle dates back almost a century and is related to the right of self-determination of indigenous peoples. The Native American Iroquois Confederacy of Canada and the USA set the ball rolling in 1923 when they appealed to the United Nations (then the League of Nations) to recognize their sovereignty. Their appeal was rejected, and another 80 years would pass by, before the United Nations General Assembly adopted the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007. UNDRIP 2007 recognizes FPIC as a right that should be respected by all powerful actors aiming to execute projects that would affect the settlements, livelihoods, and wellbeing of indigenous peoples. In order, for FPIC to be fully legitimate, it must demonstrate that it is: Free = consent is given voluntarily and without coercion, intimidation, or manipulation. Prior = consent is sought sufficiently in advance of any authorization or commencement of activities to allow time to understand, access, and analyse information on the proposed activity. Informed = information provided prior to seeking consent is accessible, objective, and complete. Consensual = a “Yes”, “No”, or “Yes with conditions” made by Indigenous People following their own timelines and decision-making processes with the option to reconsider if the proposed activities change or if new information relevant to the proposed activities emerges. Validation of the FPIC process would require that Indigenous Peopleand project proponent agree on the process and are satisfied with it. This type of internal validity is absolutely necessary and would form part of the essential criteria for external third-party verification of the FPIC process. If any of free, prior, and informed requirements are not met, the FPIC will be oppressive; it will lack trust if it is not conducted prior to the planned intervention; and where there is no transparency and full disclosure, decisions reached might not be in the interests of Indigenous People. Effective FPIC requires the full and empowered participation of Indigenous People. FPIC is not just a global convention, several countries have made it part of their national laws. Several indigenous communities have also set up their own FPIC protocols for engaging with powerful actors. FPIC aims to equalize the power differentials or asymmetries between Indigenous Peopleand the powerful actors they engage with over access and control of natural resources. Powerful actors include governments, business,

FAQs

What does FPIC require to be legitimate in project decision-making?

FPIC must be Free, Prior, Informed, and Consensual. Consent should be voluntary, sought in advance, supported by accessible and complete objective information, and made through Indigenous peoples’ own decision-making processes with the option to reconsider.

Why is internal validation of the FPIC process necessary?

Validation requires Indigenous people and the project proponent to agree on the FPIC process and be satisfied with it. This internal validity is essential for external third-party verification.

What happens if FPIC conditions are not met?

If free, prior, or informed requirements are not met, the FPIC becomes oppressive, lacks trust if not conducted before the planned intervention, and may produce decisions that do not align with Indigenous peoples’ interests due to insufficient transparency and disclosure.

Aug 31, 2026

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