FPIC AND INDIGENOUS SELF-DETERMINATION IN THE CONTEXT OF NATURE CONSERVATION
Nature conservation, in the context of establishing nature reserves, protected areas, and other forms of conservation areas, may result in potential conflicts with Indigenous Peoples (IPs), especially when no prior consultation took place, and the Indigenous Peoples’ consent were not obtained. The prohibition imposed upon the IPs from entering into, harvesting from, and in any way utilising the surrounding forests that are demarcated as protected, are examples of how nature conservation has impinged upon the right for self-determination of the IPs.
The Free, Prior, and Informed Consent (FPIC), explicitly outlined in the United Nations Declaration on the Rights of Indigenous Peoples highlights the importance of equitable and fair participation of the IPs in the governance and usage the surrounding lands. However, the interpretation and implementation of FPIC in bad faith still occurs in Malaysia. This presentation highlights the good and the bad of FPIC interpretation and implementation in Sarawak, and why FPIC is instrumental in the right of self-determination for IPs. This presentation highlights the good and the bad of FPIC interpretation and implementation in Sarawak, and why FPIC is instrumental in the right of self-determination for IPs.
