A collective human right of Indigenous Peoples, tribal peoples, and local communities to give and withhold their consent prior to the commencement of any activity that may affect their customary and statutory rights, lands, resources, territories, livelihoods, and food security. It is a right exercised through representatives of their own choosing and in a manner consistent with their own customs, values, and norms. It is one of the core safeguards for collective rights under international human rights law and a means for peoples and communities to reach consensus and make free and informed decisions according to their customary systems of decision-making.

• The term ‘FPIC’ is used to refer both to the human right of FPIC and to the process by which free, prior, and informed consent is sought, as explained in the Operational Guidance on Free, Prior, and Informed Consent.

• While the right of FPIC is a right to give and withhold consent on a prior basis, FPIC processes with Indigenous Peoples, tribal peoples, and local communities should be ongoing throughout the lifecycle of any activity that may affect their customary and statutory rights. FPIC processes may also be required when the right to FPIC was not originally fully respected (eg, consent was not freely provided, on appropriate terms, through a legitimate FPIC process), or in certain other cases such as ongoing land conflict. See the Operational Guidance on Free, Prior, and Informed Consent for more information about when FPIC processes are required.