Introduction
The right to free, prior, and informed consent as by Andrea Carmen discusses issues concerning lands and its acquisition from the indigenous people. For a long time, the indigenous were disregarded when it came to matters concerning their land been acquired by the state or private investors. The state acquired lands from the indigenous people without their consent or any compensation. A good example is the gold mining in the black hills of South Dakota more than a century ago. The gold mining continues up to date and no compensation has been made to the indigenous owners. However, after a huge struggle the right to free, prior and informed consent was passed (Nettheim, et al., 2002).
Discussion
Free means the absence of any form of outside pressure, not even monetary value in influencing the decision of the indigenous in making their decisions. They ought to have the free will to say no if they are not pleased with the proposal. No threats of any kind should be directed to the landowners. When it comes to prior, the indigenous must be granted enough time to comprehend the information provided. They ought to carry out their research and get the required time to facilitate information gathering and translation. There must be no pressure directed to the people at all. The implementation of the proposal must not start before this process is complete. Informed consent means that all the relevant persons including the spiritual leaders, traditional elders, traditional knowledge holders and traditional subsistence practitioners must be involved in analyzing the risks and decision making regarding the proposal. Lastly the consensual part must involve all the leaders or the lay structure that deal with the issue at hand (Gilbert, 2006).
Even with the passing of these rights by the United Nations, indigenous people whose land has been illegally acquired in the past do not get their lands back. The investors give them money for the land acquired. People in Panama complain of failure of the government and the UN agencies to honor the UN Declaration on the Rights of the Indigenous Peoples (UNDRIP). They claim the consultations between the REDD program and UN has stalled with no evidence of any further negotiations. The indigenous are been completely sidelined and the efforts they put to negotiate for their lands are not been appreciated by the United Nations and the government.
This right has been well elaborated by the General recommendation XXIII on the rights of indigenous peoples where the Committee on the Elimination of Racial Discrimination stipulates that the states must the indigenous people have equal rights when it comes to equal rights in participation of public life and that no decision should be taken without their informed consent. Reports have to be submitted to the ICERD which gives guidelines on how to proceed with stalling issues. It also dictated that the United States take the indigenous people into consideration in issues regarding their land. It stresses the importance of the state acquiring the informed consent of the indigenous people (Banner, 2007).
After been commissioned to conduct a study on agreements and treaties between states and indigenous people, Martinez recommended an entirely new jurisdiction that was independent of the existing government structures. He recommended creation of new institutionalized legal order that would serve all. The indigenous must fully participate in order to replace the ineffective methods that were previously used.
Conclusion
In conclusion, the adoption of the declaration has helped and will help in fighting the injustices against the indigenous now and in the future.
References
Banner, S. (2007). Possessing the Pacific: Land, settlers, and indigenous people from Australia to Alaska. Cambridge, Mass: Harvard University Press.
Gilbert, J. (2006). Indigenous peoples' land rights under international law: From victims to actors. Ardsley, NY: Transnational Publishers.
Nettheim, G., Craig, D., Meyers, G. D., & Australian Institute of Aboriginal and Torres Strait Islander Studies. (2002). Indigenous peoples and governance structures: A comparative analysis of land and resource management rights. Canberra: Aboriginal Studies Press, Australian Institute of Aboriginal and Torres Strait Islander Studies.
