Exercising the Principle of Free, Prior and Informed Consent (FPIC) in land development: an appraisal with special reference to the Orang Asli in Peninsular Malaysia

Contemporarily, the rights of indigenous peoples are considered to include the right to free, prior and informed consent (FPIC), perceived as mandating consultations and negotiations between indigenous peoples and interested parties, followed by approval from the indigenous communities affected prior to the beginning of initiatives, whether social, political or developmental in nature. The current article considers the situation of the Orang Asli in Malaysia against the growing support for FPIC within international, regional and domestic legal regimes. This paper will be structured as follows: firstly, the exercise of the right to FPIC is defined in the context of the rights of indigenous peoples. Secondly, existing international, regional and domestic legal frameworks that promote FPIC for indigenous peoples are examined. Thirdly, the approach taken by the Malaysian government towards the Orang Asli in relation to FPIC and development projects is surveyed. Lastly, recommendations are made in light of the challenges faced by interested parties when indigenous peoples desire to exercise the right to FPIC