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

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

Some participants also viewed free, prior and informed consent as an evolutionary process that could lead to co management and decision making by indigenous peoples on programmes and projects affecting them.

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.

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

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

As a core principle of free, prior and informed consent, all sides in a FPIC process must have equal opportunity to debate any proposed agreement development project.

This is done through appendix IV of the PIC Circular.

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

Main areas where FPIC is relevant

If the introduction of a prior informed consent system necessitated an amendment to the Protocol, that needed to be considered very carefully, as ratification of amendments was always a long process.

Free, prior and informed consent should be viewed as a process that could possibly lead towards equitable solutions and evolutionary development which may lead, in their turn, to co management and decision making.

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.

In summary, while there were challenges to the implementation of free, prior and informed consent, in general, most participants considered that the favourable outcomes of a free, prior and informed consent process far outweighed the difficulties of such a process.

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?

Governments, international organizations, the private sector and indigenous peoples' organizations should develop the capacity of indigenous women and youth, as well as children, so that they may meaningfully participate in the process of free, prior and informed consent within their communities.

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.

However, tThe question of unauthorized access and misappropriation of genetic resources, however, hads led to the current discussions under the Convention process regarding the tracking of compliance with the prior informed consent requirement established under Article 15.

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.