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Recommendations on Country Engagement with Free, Prior and Informed Consent

Expert Mechanism on the Rights of Indigenous Peoples Twelfth session
15–19 July 2019
Item 6 of the provisional agenda: Country Engagement

Joint Statement


That EMRIP remind States of the meaning of FPIC in international law, and reiterate State responsibilities when resource development is being proposed in or affecting the lands and territories of Indigenous peoples. That EMRIP further articulate the conclusions from its FPIC study in this regard.

As the Expert Members will be aware, the UN Committee on the Elimination of Racial Discrimination has called on the Government of Canada to seek the Expert Mechanism’s assistance under EMRIP’s mandate to provide technical advice and facilitate dialogue over Indigenous rights. In three separate letters issued under its the Early Warning and Urgent Action Procedure in late 2018i , CERD encouraged Canada to engage with EMRIP in the context of concerns expressed by Indigenous peoples over participation in decision-making and respect for free, prior and informed consent.

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