30/05/2026
"Tanah Adat Bukan Tanah Kosong."
"Dengar Masyarakat Adat, Hormati Keputusan Adat."
"FPIC: Informasi Jelas, Musyawarah Bebas, Keputusan Bermartabat."
What is Free, Prior, and Informed Consent?
Our observations on the demarcation of customary forest areas in North Seram highlight the right of indigenous peoples to free, prior, and informed consent.
Indigenous peoples have historically been displaced from their ancestral lands to make way for large-scale infrastructure projects, resource extraction efforts, or other development activities that are supposed to benefit them without violating their rights.
However, many of them end up in extreme poverty because they lack access to the land they depend on.
What is free, prior, and informed consent?
FPIC is the right of indigenous peoples to make informed decisions about matters that affect their communities, traditions, and way of life.
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) recognizes that indigenous peoples have a specific right known as free, prior, and informed consent (FPIC).
FREEDOM
The principle of free consent refers to voluntary consent, without coercion, intimidation, or manipulation. This principle also includes a self-directed process within the community, where consent is not coerced by others.
• Rights holders determine the process, timeframe, and structure of decision-making;
• Information is provided transparently and objectively upon the rights holder's request;
• All decision-making processes must be free from coercion, bias, conditions, bribery, or rewards;
• Meetings and decision-making take place at locations and times determined by the rights holder.
PREVENTED
Consent from indigenous communities must be adequately obtained prior to authorization or initiation of any operation, and during the initial phases of a development or investment plan, not only when community consent is required as a prerequisite.
• This principle allows ample time to study, access, and analyze information related to planned activities;
• Information must be provided before activities are undertaken, at the beginning of the implementation process, and at the beginning, middle, and end of the process;
• Rights holders' decisions must be respected, as they must understand, analyze, and evaluate activities on their own.
INFORMED
Information must be provided openly before seeking consent and throughout the consent process.
Information must:
• Be delivered in a culturally appropriate local language;
• Be objective, highlighting the potential positive and negative benefits of the activity, as well as the consequences of granting or withholding consent;
• Be delivered by culturally knowledgeable individuals, in culturally appropriate locations, including building the capacity of local communities;
• Be accessible to remote village communities, including youth, women, the elderly, and people with disabilities who are often overlooked;
• Be continuously available throughout the FPIC process to enhance local communication.
With Consent
Collective decisions are made by rights holders and through the decision-making processes of affected indigenous or tribal communities. Consent must be sought and granted or withheld according to the specific formal or informal political-administrative dynamics of each community. Indigenous and tribal communities must be allowed to engage through their own freely elected representatives.
• Choices are offered freely: possibly “Yes,” “No,” or “Yes with conditions,” with the possibility of reconsideration if the intended activity changes or new information regarding the development activity becomes available;
• Collective decisions (e.g., by consensus or majority) are made by affected communities in accordance with their customs;
• The rights of indigenous peoples to self-determination, land, resources, territories, and culture must be affirmed.
Indigenous peoples' rights are recognized in international human rights law, the Indonesian constitution, and national law, including the right to self-determination, customary lands, territories, and cultural rights.
The Indonesian government must respect, protect, and fulfill the rights of indigenous peoples.
The Indonesian government must consult with indigenous peoples to obtain their free, prior, and informed consent.
Has the Indonesian government obtained the consent of the indigenous peoples of North Seram before demarcating customary forest areas in North Seram?