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In search of middle ground:

Indigenous peoples, collective representation and the right to free, prior and informed consent

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Presented to the 10th Conference of the International Association for the Study of Common Property, Oaxaca, August 2004. New international laws and standard-setting exercises have widely accepted indigenous peoples’ right of free, prior and informed consent to activi-ties planned on their lands. Yet studies show that consent is frequently engineered and indigenous institutions are out-manoeuvred by com-peting interests seeking access to indigenous peoples’ common resour-ces. However, successful outcomes can be achieved through collective land tenure, indigenous peoples’ control of the negotiation process, and use of hybrid institutions for dealings with outside interests.

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