There is now universal consensus that international law prohibits governments and their cooperate developer partners from taking or interfering with indigenous lands and resources without prior consultation. Arguably, international law also requires free, prior and informed consent before the above actors can make incursions on lands and resources of indigenous societies.
Some countries, such as the USA, argue that consent is not required. There is a recognized exception in the law which holds that free, prior and informed consent does not apply where the incursions do not materially affect the physical environment and the indigenous way of life.
Article 27 of the UN Convention on Civil and Political Rights provides that all peoples have the right to enjoy their culture.
In this paper, I will examine the above points of law within the context of attempts to preserve indigenous knowledge and culture as well as environmental sustainability.
