Engaging Free, Prior and Informed Consent for Mutual Benefit: A discussion of Principles, Policies and Commitments between Indigenous Nations and UN Member States from 1920 to 2020 with an emphasis on the period 1977 – 2020.

Engaging Free, Prior and Informed Consent for Mutual Benefit

A discussion of Principles, Policies and Commitments between Indigenous Nations and UN Member States from 1920 to 2020 with an emphasis on the period 1977 – 2020.

Rudolph C. Rÿser, PhD

Volume 21, Number 1 (2021) 21 (1): 98-143


Keywords Free, prior and informed consent, self-government, self-determination, state, nation

Abstract

The Center for World Indigenous Studies, prompted by inquiries and urgings by leaders of indigenous nations, sponsored the planning, organization and convening of a Congress of Nations and States—the process that began in the summer of 2019. In this article we discuss the Congress as a new international mechanism to facilitate engagement by indigenous nations and states on an equal political plain in pursuit of comity and establishment of cooperative measures for mutual benefit.
This article discusses the consequences of the failure of decolonization advanced by the United Nations in 1945 that resulted up to 1.9 billion people from indigenous nations left without their consent inside the boundaries of existing states contributing to social, economic, political and security conflicts demanding relief. More than 5000 nations occupy territories and political space inside states with the states’ claiming those territories and competing for political space by asserting state sovereignty. The article presses forward by emphasizing the importance of the principle of free, prior and informed consent responding to the long list of principles and commitments in the policy areas of economics, environment, culture & society, political governance, security, and justice made by nations and states since 1977. I suggest that existing agreements on principles and commitments if implemented by nations and states may resolve most of the current conflicts. Specific principles and commitments are discussed and sourced to treaties, conventions, declarations, and outcome documents issued by nations and states from 1977 forward.

Authors

Rudolph C. Rÿser, PhD

Published June 1, 2021

How to Cite

Engaging Free, Prior and Informed Consent for Mutual Benefit: A discussion of Principles, Policies and Commitments between Indigenous Nations and UN Member States from 1920 to 2020 with an emphasis on the period 1977 – 2020. (2021). Fourth World Journal, 21(1), 98-143. https://doi.org/10.63428/tj39kr36

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References

Cobo, JRM, (1981) Study of the Problem of Discrimination Against Indigenous Populations. Final Report. Special Rapporteur, Mr. José R. Martinez Cobo. E/CM.4/Sub.2/476/Add.4 30 July 1982.

Martínez, Miguel Alfonso. (1999). Study on Treaties, agreements and other constructive arrangements between States and indigenous populations. UN Economic and Social Council, Commission on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities. E/CN.4/ Sub.2/1999/20

Daes, Erica-Irene (2004). Prevention of Discrimination and Protection of Indigenous Peoples, Indigenous peoples’ permanent sovereignty over natural resources. Final report. Economic and Social Council, Commission on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities. E/CN.4/Sub.2/2004/30.

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