El Consentimiento Previo, Libre e Informado como Derecho de los Pueblos y Nacionalidades Indígenas

The thesis titled “Prior, Free and Informed Consent as a Right of Indigenous Peoples and Nationalities” is a study that seeks to determine whether indigenous peoples and nations can or cannot ban in their lands and territories a national interest activity or development project proposed by the State and by private companies. The research begins with the study of the right to self-determination of peoples, their entitlement to this right and the concept of people within international law. With this analysis, the present study discusses whether the Prior, Free and Informed Consent (PFIC) is or is not an expression of the recognition of the right of people to their free determination. The study continues with an analysis of what constitutes the PFIC in practice, its implications, and the compelling reasons that entitles indigenous peoples and nations to possess this power of decision vis-à-vis proposed activities and projects. Furthermore, distinct national and international instruments will be discussed that require the PFIC to be applied in the case of indigenous peoples and nations