Free, prior and informed consent (FPIC)
Free, prior and informed consent (FPIC) is the right of Indigenous Peoples, recognised in the UN Declaration on the Rights of Indigenous Peoples, to give or withhold consent to projects affecting their lands, territories or resources, freely, in advance and fully informed. It is also good practice with local communities.
Also known as: FPIC
Why does it matter?
Commodity expansion can affect lands held under customary tenure by Indigenous Peoples and local communities. FPIC is part of the legality requirement under the EUDR, and the EUDR risk assessment criteria include the presence of indigenous peoples, good-faith consultation and their claims over land.
What do the four elements mean?
- Free: no coercion, intimidation or manipulation.
- Prior: sought sufficiently in advance of any authorisation or activity, respecting the community’s own decision-making timelines.
- Informed: full, accessible information on the nature, scope, duration, risks and benefits, in a language and form the community understands.
- Consent: a collective decision, reached through the community’s chosen process, which can be to give, withhold or later withdraw consent.
FAO’s manual for project practitioners describes FPIC as an indigenous peoples’ right and a good practice for local communities, implemented through a series of steps.
Common pitfalls
- Treating a single meeting or signature as FPIC.
- Consulting only leaders or only men.
- Obtaining consent after decisions were already taken.
- Confusing FPIC with individual data consent.
Farmer1st’s human rights service can document consultation processes and community claims alongside plot data.
Frequently asked questions
Does the EUDR refer to FPIC?
Yes. The relevant legislation of the country of production includes 'the principle of free, prior and informed consent (FPIC), including as set out in the UN Declaration on the Rights of Indigenous Peoples' (Article 2(40)(g)).
Is FPIC the same as consent to data collection?
No. FPIC concerns collective rights over lands and resources. Consent to the processing of personal data is an individual legal basis under data protection law. Both matter in first-mile programmes.
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