Overview of free, prior and informed consent

Legal commentary on the concept of free, prior and informed consent

(a) Legal commentary on the concept of free, prior and informed consent

Legal commentary on the concept of free, prior and informed consent

Relevance of institutional policy frameworks to free, prior and informed consent

Elements of a common understanding of free, prior and informed consent

concerning the arrangements to perform jointly the Secretariat Functions

Special issues and free, prior and informed consent in relation to special areas of work

Participants shared their views on the principle and the practices of free, prior and informed consent.

Review of the draft principles and guidelines on the protection of the heritage of indigenous peoples 42 48 12

The implementation of the principle of free, prior and informed consent presented a number of practical problems.

Examples of the application of free, prior and informed consent at the national and international levels

Lessons and challenges in the application of FPIC towards a common inter agency operational understanding of FPIC

This is done through appendix IV of the PIC Circular.

Building national capacity to collect and disaggregate data and to practice free, prior and informed consent.

The challenge is to find the right mix of pre approval, limited conditionality, and speed.

Main areas where FPIC is relevant

15. Such a change would avoid the blank check concern expressed above.

Amongst other things this grounds the practice of informed consent that should be respected by the nurse.

Mr. Bíró stressed the organic relationship between self determination and the principle of free, prior and informed consent.

It provided a basis for the development of guidelines, methodologies and procedures for the principle of free, informed and prior consent to be implemented.

Of the four chemicals concerned, two are currently not subject to the prior informed consent procedure.

Case studies should be undertaken to analyse current practices of principles of free, prior and informed consent.

A large number of statements were made on the study, referring to the substantive and procedural elements of free, prior and informed consent.

Of the 201 chemicals concerned, 160 are currently not subject to the prior informed consent procedure.

How should the lack of awareness and capacity among those involved in free, prior and informed consent processes be addressed?

Free, prior and informed consent could be strengthened by establishing procedures to challenge and to independently review these processes.

To begin a new proposal submission procedure, newly received notifications from each of two PIC regions are required.

The PIC Circular is published every six months, in June and December.

It was noted that free, prior and informed consent was viewed as a principle based on the human rights approach to development.

Determination that the elements of free, prior and informed consent have not been respected may lead to the revocation of consent given.

Such summaries and synopses are communicated to Parties and participating States through the PIC Circular.

It was stressed that free, prior and informed consent was particularly relevant for the prevention of conflict and for peacebuilding.

The information was included with the PIC Circular, which was sent to all designated national authorities.

A number of questions were raised in the presentations on how the principle of free, prior and informed consent could be implemented, including the following

For example, placing cultural materials in the public domain facilitated their use by third parties in making adaptations protected as new works under copyright.

17. Decides that any transfer of resources between post and non post objects of expenditure would require the prior approval of the General Assembly

Those import decisions will be reflected in the PIC Circular of December 2005.

Summaries of the proposals verified as complete are circulated in appendix II of the PIC Circular.

Special challenges to the principle of free, prior and informed consent existed in Africa, given the non recognition of indigenous peoples by a number of States.

Free, prior and informed consent was also being discussed in relation to the intellectual property aspects of access to, and benefit sharing in, genetic resources.

Governments, the private sector and indigenous peoples should be aware of the principles of free, prior and informed consent when planning development projects.

The only national biodiversity strategy and action plan to uphold the principle of prior informed consent is that of the Central African Republic.

The Working Group expressed appreciation to Ms. Motoc and the Tebtebba Foundation that had collaborated in the expanded working paper on the principle of free, prior and informed consent.

Table 2. Overview of the number of importing country responses for all prior informed consent chemicals (as at 30 April 2005)